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2016-09-27 City Council - Full Agenda-17561. 2. 3. 4. 5 6 o Agenda Edmonds City Council snl. ynyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 SEPTEMBER 27, 2016, 7:00 PM CALL TO ORDER/FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes of September 20, 2016 2. Approval of Council Meeting Minutes of September 20, 2016 3. Acknowledge receipt of a Claim for Damages from Hieu Vuong (amount undetermined). 4. Approval of claim, payroll and benefit direct deposit, checks and wire payments.' PRESENTATIONS/REPORTS 1. Leadership Day Proclamation (5 min.) AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS 7. ACTION ITEMS 8 9. 10. 1. Refunding 2007 Limited Tax General Obligation Bonds (10 min.) 2. Report on Bids for the Madrona Walkway Project (10 min.) 3. Confirmation of Appointment of HR Director (5 min.) STUDY ITEMS 1. Shoreline Master Program Update (30 min.) 2. Civic Master Plan Update (45 min.) 3. Frances Anderson Center Bandshell Award of Bid (10 min.) 4. Presentation on the Traffic Impact Fee Annual Report (10 min.) 5. Presentation of a Professional Services Agreement with MIG for the ADA Transition Plan (10 min.) 6. Presentation of a Supplemental Agreement with Herrera Environmental Consultants for the Stormwater Management Code Update (10 min.) 7. Authorization to contract with James G. Murphy to sell surplus city vehicles and surplus city equipment (5 min.) 8. Authorization to contract with Pick-N-Pull to scrap totaled city vehicles (5 min.) REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS MAYOR'S COMMENTS Edmonds City Council Agenda September 27, 2016 Page 1 11. COUNCIL COMMENTS 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1) 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN Edmonds City Council Agenda September 27, 2016 Page 2 4.1 City Council Agenda Item Meeting Date: 09/27/2016 Approval of Council Special Meeting Minutes of September 20, 2016 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 09-20-2016 Draft Council Special Meeting Minutes Packet Pg. 3 4.1.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES September 20, 2016 The City Council Special Meeting was called to order at 6:10 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. Elected Officials Present Others Present Kristiana Johnson, Council President None Mike Nelson, Councilmember Diane Buckshnis, Councilmember Tom Mesaros, Councilmember Dave Teitzel, Councilmember Adrienne Fraley-Monillas, Councilmember Neil Tibbott, Councilmember Dave Earling, Mayor 1. INTERVIEW CANDIDATES FOR APPOINTMENT TO A CITY POSITION The City Council adjourned to the Jury Meeting Room and interviewed two candidates for appointment to the Human Resources Director Position: Annie Achziger and Mary Ann Hardie. ADJOURN The meeting was adjourned at 6:55 p.m. Edmonds City Council Draft Minutes September 20, 2016 Page 1 Packet Pg. 4 4.2 City Council Agenda Item Meeting Date: 09/27/2016 Approval of Council Meeting Minutes of September 20, 2016 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 09-20-2016 Draft Council Meeting Minutes Packet Pg. 5 4.2.a EDMONDS CITY COUNCIL DRAFT MINUTES September 20, 2016 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Shier, Police Officer Jim Lawless, Assistant Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REMOVE AGENDA ITEM 7.1, REPORT ON BIDS FOR THE MADRONA WALKWAY PROJECT, AT THE REQUEST OF STAFF. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 13, 2016 2. APPROVAL OF CLAIM CHECKS 3. ORDINANCE AMENDING THE EDMONDS CITY CODE (ECC), AMENDING PARK ING PROVISIONS ON SUNSET AVENUE Edmonds City Council Draft Minutes September 20, 2016 Page 1 Packet Pg. 6 4.2.a 4. INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD FOR BIOSOLIDS DISPOSAL 5. SETTING A DATE AND TIME FOR A PUBLIC HEARING ON ADOPTION OF A RESOLUTION EXPRESSING INTENT TO DISSOLVE THE EDMONDS TRANSPORTATION BENEFIT DISTRICT 6. ORDINANCE AMENDING EDMONDS CITY CODE (ECC) 4.04.020 RELATED TO CONCESSION AGREEMENTS 7. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY EQUIPMENT 5. PRESENTATIONS/REPORTS 1. CONSTITUTION WEEK PROCLAMATION Mayor Earling read a proclamation declaring September 17 — 23 as Constitution Week and asking citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Judy Lehman, Daughters of the American Revolution, accepted the proclamation, Ms. Lehman thanked the Mayor and City Council for the proclamation, remarking the Governor has approved a resolution as well as several other City Councils including Lynnwood and Mountlake Terrace. 7 ti171 o1e[y D[411]07 lu I o QY 0 Alvin Rutledge, Edmonds, reiterated a suggestion made in 2013-2014 to install a bulletin board in front of the Log Cabin. He referred to a survey done by the Snohomish County Youth Association that found 46% of 8-16 year olds know about marijuana. He referred to a community forum on opioids and heroin at Edmonds Community College on October 13 and suggested a Councilmember attend. The new Edmonds School District Superintendent plans to hold monthly meetings instead of roundtable meetings. He relayed Peggy Kennedy, the past Edmonds Food Bank Director, is now living in Everett. Robert Stivers, Edmonds, said he would rather be enjoying the gorgeous sunset, be at a model railroad operations night or finishing dinner with his wife but he wanted to speak against the proposed lewd conduct ordinance. He referred to his previous comments opposing the ordinance, stating his reasons remain the same. It was a shame a few misbehaving baristas resulted in the Council considering this ordinance. As ignorance of law was no excuse, if the ordinance is passed he suggested a copy be made available to all residents to consult before dressing to go outside. He urged the Council to let the existing ordinance lie. Marlin Phelps, Edmonds, relayed he received a letter today from the office of Senator Maria Cantwell offering their support for what has happened to him in Edmonds. He plans to pursue Senator Cantwell's help due to the horrible things that have happened in Edmonds that need to be looked into. 7. ACTION ITEMS 1. REPORT ON BIDS FOR THE MADRONA WALKWAY PROJECT This item was delayed to a future meeting. Edmonds City Council Draft Minutes September 20, 2016 Page 2 Packet Pg. 7 4.2.a 2. ORDINANCE ADDING PUBLIC INDECENCY SECTIONS TO ECC 5.38 (OFFENSES AGAINST PUBLIC MORALS) Assistant Police Chief Jim Lawless recalled the ordinance was presented at the July 11 work meeting and forwarded to the August 2, 2016 Consent Agenda. It was pulled from the Consent Agenda due to concerns expressed by Councilmembers and the public. As a result, a meeting was held with Councilmembers Fraley-Monillas and Buckshnis, representatives from the City Attorney's office and the Prosecutor's office and himself to address specific concerns. The packet includes a red -line version of the ordinance that reflects the changes proposed at that meeting as well as a clean version. He highlighted the substantive changes: • Title of the ordinance revised, replacing public indecency with lewd conduct • Language related to public indecency and morals was changed to lewd conduct throughout the ordinance Councilmember Fraley-Monillas thanked Assistant Chief Lawless for his work on this, finding the ordinance more palatable with the removal of public indecency and morals. Although she will support the ordinance as proposed to see how it is implemented, she still has concern with the language regarding cleft of a buttocks. While working on the ordinance, she saw workmen across the street those attire would violate the ordinance. She understood perhaps why that language needed to be included and was confident the Police Department will do the right thing and not ticket workmen or people on the beach who may be scantily dressed. Councilmember Buckshnis agreed the meeting was very helpful. She recalled one of her concerns was flashing which Assistant Chief Lawless explained was addressed in a different part of the code. She supported the removal of the language regarding public morals as well as the language regarding excretory functions in other than a restroom. Assistant Chief Lawless advised that issue is addressed in another ordinance. Councilmember Teitzel agreed the revised ordinance was an improvement. He has a daughter in her early 20s who goes to the beach in a suit he would prefer she not wear. He referred to Section 5.38.150.C.2, "Public place" means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public." He recalled the concern with bikini baristas stands is the public may drive by and see someone scantily clad in the window. He asked whether the Police Department's concern could be resolved if the stands had screening making it impossible to observe the person in the stand from the street or sideway. He recalled testimony from people who have visited these stands who said nothing inappropriate occurred and the barista is wearing a bathing suit. Assistant Chief Lawless responded it was not intended to target any specific business; speaking hypothetically, most of these types of businesses have some type of opaque covering over the window. At some point the window is opened to serve patrons and then it becomes public view. Not all members of the community go there solely for coffee which sometimes dictates behavior of baristas. In response to Councilmember Teitzel's question, the answer was no because there often is screening and the problem still exists. Councilmember Nelson asked whether was currently illegal to expose oneself in Edmonds and if that had been the law for at least the past 30 years. Assistant Chief Lawless answered yes and longer than 30 years. Councilmember Nelson asked how many people had been arrested for public exposure in the past 30 years. Assistant Chief Lawless answered very few. Councilmember Nelson summarized it is currently illegal and has been for a long time; the ordinance is simply tightening up and clarifying the existing language. Assistant Chief Lawless agreed, commenting it was the result of prior court cases where the existing ordinance was deemed to be too vague and not specific enough. Edmonds City Council Draft Minutes September 20, 2016 Page 3 Packet Pg. 8 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 4042, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT. MOTION CARRIED UNANIMOUSLY 8. STUDY ITEMS 1. UPDATE TO THE 2016 TRAFFIC IMPACT FEES AND NEW SECTION 3.36 OF ECC Public Works Director Phil Williams recalled the following was presented to the Council October 13 and November 2, 2015 by Randy Young, a statewide expert on impact fees and a sub consultant of Fehr & Peers, who updated the City's Transportation Plan. At that time, Mr. Young described: 1. Definition of impact fees 2. Reasons to charge impact fees 3. Rules for impact fees 4. How impact fees can be used 5. Calculations and comparisons The Council approved the updated Transportation Plan in 2015 which is updated on a 6-year cycle. The Transportation Plan includes an updated list of capital improvement projects, most of which are not growth related. This presentation does not address those projects. He reviewed changes to growth -related projects from the 2009 Plan to the 2015 Plan. • Added 6 new projects • Removed 3 projects that were completed or soon to be completed • Increased cost of 7 carry-over projects due to new information, scope changes and escalation • Adjusted deficiency exclusion • Reduced cost estimates by adjusting for external trips He presented the growth -related project list from the adopted Transportation Plan (projects in italics are new in the 2015 Transportation Plan, others are carryover from 2009 Plan): Project Total Cost Existing Deficiency Edmonds Growth Eligible Cost 1 Olympic View & 174th St. SW $ 610,000 0% 47% $ 286,700 2 Olympic View Drive & 76t Ave. W 1,183,000 0% 47% 556,010 4 196th St. SW (SR 524) & 88th Ave 903,000 0% 63% 568,890 8 212th St. & SR 99 2,806,000 0% 63% 1,767,780 14 22r St. & SR 99 3,215,000 0% 33% 1,060,950 30 SR 99 & 216` St SW 2,335,000 0% 33% 770,550 11 Main St. & 9h Ave. 911,000 0% 63% 573,930 15 220'h St. & 76h Ave 4,314,000 0% 33% 1,423,620 20 SR 104 & 238` St. 1,339, 000 40% 49% 393,666 21 SR 104 & 7e Ave W 1,508,500 0% 49% 739,165 A 84Ave. W, between 212'h St. S & 238h St. SW 7,720,500 0% 65% 5,018,325 B 238`h St. SW, between Edmonds Way & 84`h 3,045,000 0% 65% 1,979,250 C Add 228` St. SWfrom SR 99 to 95` Pl. 10,146,000 0% 65% 6,594,900 Total $40,036,000 1% 53% $21,733,736 Edmonds City Council Draft Minutes September 20, 2016 Page 4 Packet Pg. 9 4.2.a Mr. Williams reviewed the calculation of impact fees • Step 1: Cost per trip = eligible costs divided by growth trips Example: $21,733,736 eligible costs divided by 3,930 growth trips = $5,530 cost per trip • Step 2: Impact fee per unit of development (cost per trip x trip rate = impact fee rate) Apartment Example: $5,530 cost per trip x 0.74/trip rate = $4,092/ impact fee rate Office Example: $5,530 cost per trip x 0.00197/square foot trip rate = $10.89/square foot impact fee rate He summarized the cost per trip is key: Eligible costs $21,733,735 divided by growth trips 3,930 = cost per trip $5,530. Mr. Williams provided a comparison of cost per trip compared to Edmonds updated amount: Jurisdiction Cost per trip Kenmore $8,350 Lynnwood 7,944 Bothell 6,941 Shoreline 6,804 Edmonds (update) 5,530 Average of 8 others 4,761 Mill Creek 3,000 Snohomish County 2,453 Mukilteo 1,875 Edmonds (current) 1,050 Mountlake Terrace (currently being updated) 714 He described a phased increase of cost per trip: Cost per Trip Edmonds (update 2019) $5,530 Edmonds (current) 1,050 Increase 4,480 Annual Increase: 3 years 1,493 He provided examples of the impact fee with the increase phased over three years: 2016 2017 2018 2019 Previous Year 1,050 1,050 2,542 4,036 + Annual Increase 0 1,493 1,493 1,494 Phased Amount 1,050 2,542 4,036 5,530 Mr. Williams relayed staff s recommendation: 1. Raise the impact fee to $5,530/PM hour trip 1. Phase in over 3 equal annual steps 2. Schedule public hearing. Councilmember Mesaros recalled his comments last November that this a huge increase from a percentage standpoint. He asked why the traffic impact fee was so low previously and how long it had been $1,050. Mr. Williams answered the $1,050 is based on the project list in the the 2009 Transportation Plan and the number of projected trips. Some sizeable projects have been added to the list included in the 2015 Transportation Plan approved by Council. To the extent those project generate new growth trips, they are included in the calculation which he acknowledged had a noticeable impact. Edmonds City Council Draft Minutes September 20, 2016 Page 5 Packet Pg. 10 4.2.a Councilmember Mesaros referred to the SR-104 & 238th project, commenting crossing the street there is an adventure. He asked what Snohomish County responsibility is for that intersection as Esperance is located on the east side. Mr. Williams answered for any project involving the Esperance area, the City would seek to partner from Snohomish County. The status of those discussions has not advanced; the projects need to be on the City's lists first. Staff will also seek grant funding for many of the projects. He clarified there are a lot of projects on the Capital Improvement Program; this $21.7 million represents only a fraction of all the projects. Councilmember Mesaros asked the proposed effective date of the change. Mr. Williams answered that was up to the Council. It could be now or January 1, 2017. He recommended January 1, 2017 when all the City's fees are updated. Councilmember Mesaros liked the 3-year phase in to mitigate the increase, recognizing even then it was more than a 100% increase in each of the 3 years. Councilmember Tibbott commented a number of cities such as Mill Creek and Mukilteo have planned communities within their city limits. He asked about the effect those large planned developments, which have their own impact fees, have and whether they lowered the impact fees charged by the city. Mr. Williams said he was not certain, he assumed those communities may have other options to assist with funding for needed projects such as agreements or LIDs. Most of those town centers are fairly new and may not yet have deficiencies. Councilmember Tibbott said the reason for his question was those other funding sources may explain why Edmonds is facing a significant increase, planned developments are not occurring Edmonds. Mr. Williams agreed, commenting because the town centers are new and likely do not have deficiencies yet, there may not be as many per capita projects on the list which reduces the traffic impact fee. As those town centers age and need to be replaced or require capacity increases due to growth, the impact fee will increase. Councilmember Tibbott said that helps explain the large increase. Councilmember Tibbott asked about waiving fees for affordable housing. Mr. Williams said he was not aware of a program that did that. Councilmember Tibbott said Monroe waived impact fees on a large affordable housing development. That is a key consideration for most affordable housing non-profit organizations when planning the development. Mr. Williams offered to research and email Council regarding where and how that has been done. City Attorney Jeff Taraday said cities can exempt certain types of projects from impact fee but in exempting them, the city is simply agreeing to pay the fee for that type of project from the General Fund. There is no real exemption; a city cannot give a project truly a free pass without making the payment for the project. That likely was what was done in the instance Councilmember Tibbott cited. For example, if the City waived fees for a 40-unit affordable housing apartment complex, Councilmember Tibbott asked the source of funding and amount. Mr. Williams assumed it would be the General Fund or another general revenue source; he was uncertain if REET could be used. Mr. Taraday answered most cities do not waive fees for that reason; it is difficult to make it pencil out when certain types of projects are exempted from impact fees. Problems include, 1) where the money comes from, and 2) where to draw line with regard to the type of project. Councilmember Tibbott said he interested in best practices in other cities and how that might apply to Edmonds. Councilmember Teitzel said he was also struggling with the magnitude of the increase, over 400% and $4500 over the current fee. He asked when the traffic impact fee was last adjusted. Mr. Williams answered 2009. Councilmember Teitzel asked when consideration would be given to increasing it again. Mr. Williams answered in 6 years. Councilmember Teitzel asked it was possible or likely that the $5,530 impact fee would decrease in 6 years. Mr. Williams answered the way it would decrease is if projects are Edmonds City Council Draft Minutes September 20, 2016 Page 6 Packet Pg. 11 4.2.a funded and completed and removed from the list and if new growth -related projects are not added, the numerator would decline over time. Generally, what happens is projects are finished and new projects developed. Councilmember Teitzel relayed his understanding it was unlikely the traffic impact fee would decrease. Mr. Williams agreed that was likely true, the number generally increases over time if for no other reason that the cost of the projects increases over time. Councilmember Fraley-Monillas agreed with Councilmember Tibbott regarding ways to encourage affordable housing. She observed the proposed increase puts Edmonds almost in the middle of the other cities, Kenmore, Lynnwood and Shoreline are above. She noted Kenmore's impact fee was 30% above and a lot of development is occurring in Kenmore; Bothell and Lynnwood are also developing. She inquired about the average of 8 other cities. Mr. Williams answered that was the average of the eight cities on the list. He said being in the middle was accidental but not an unwelcome outcome. Councilmember Nelson commented the people developing in Shoreline are the same people developing in Shoreline, Mill Creek, Bothell and Edmonds and asked whether they would be shocked to by the proposed increase. Mr. Williams answered there are some developers whose efforts are strong in Edmonds, but generally it is a regional economy. The difference between the median, the high and the low does not change the economics of overall development. Impact fees are a small amount compared to the cost of a new home or building. He recalled Mr. Young's comments last year that although it may seem like a big increase, fees are a small percentage of the cost of development and people overestimate the impact that has on development decisions. Those decisions are actually made regarding location, land cost, etc. rather than fees. Some of the highest fees are charged in the hottest growing markets in the region. Council President Johnson referred to the cost per multi -family unit. Mr. Williams displayed the sample calculation for an apartment and said the impact fee for multi -family unit is three -fourths of the fee for a single family. Council President Johnson said that would answer the question regarding how much it would cost the City to supplement the cost of waiving fees for affordable housing. If the fee for an apartment is $4,092 multiplied by 40 for a 40-unit development, the amount paid from the General Funds would be approximately $160,000. Mr. Williams agreed that would be the amount if traffic impact fees were totally waived. There are other options such as a percentage reduction to help a project pencil out. Council President Johnson commented although it may look like the impact fee is being increased by 400%, the last bit of growth over capacity is the most expensive. Once an intersection reaches LOS D and approaches LOS F, the last increment is the most expensive. It can be expensive to achieve that final growth. With regard to exemption from traffic impact fees, Mr. Taraday answered the statute treats a full wavier differently than a partial waiver. With a full waiver, the City would need to pay the fee on behalf of the development from other public funds. The statute also provides specifically for low income; a full waiver can be granted for low income housing or other development activities with broad public purposes. A partial waiver can only be granted for low income housing. A partial exemption of not more than 80% of the impact fees does not carry the obligation for the City to pay the exempted portion from other public funds. Councilmember Buckshnis asked if low income housing referred to Section 8 housing or affordable housing. Mr. Taraday said that language was in RCW 82.02.060; he would need to do additional research to determine whether it was defined or whether it was up to the city to define what they wanted low income housing to be. Councilmember Buckshnis said she supported incentives for affordable housing and suggested development agreements may be another method for addressing impact fees. Edmonds City Council Draft Minutes September 20, 2016 Page 7 Packet Pg. 12 4.2.a Councilmember Mesaros referred to Council President Johnson's example about the impact of waiving impact fees for a 40-unit development, noting $160,000 would be the cost in 2019; it would be less in 2017 or 2018 when the impact fee was lower. Mr. Williams agreed. Mr. Williams said the packet also includes a suggested code change. In the downtown BD zones, it has been difficult to implement the traffic impact fees. For example, a business on a small lot downtown such as a donut shot is replaced with a use that increases the expected trips and traffic impact fees are collected. That use later changes again to an insurance office and there are fewer expected PM Peak trip generated. The City does not offer a rebate for traffic impact fees. The space is later replaced with a more intense use and traffic impact fees are again collected. Determining whether a building ever had a higher use requires a historical analysis which is cumbersome for staff. If downtown is treated as a block with some properties increasing in intensity and others decreasing in intensity, it tends to cancel out the traffic impact over time. Staff recommends a code change to treat all downtown BD zones as specialty retail and all have the same trip rate. The only time a fee would be paid is if a larger building were constructed in the specialty retail area. This would be much simpler for staff and more fair for developers downtown. Mayor Earling said he and Council President Johnson will determine a date for the public hearing. 2. MAYOR AND CITY COUNCIL SALARY REVIEW Councilmember Buckshnis said this has been on her mind since 2014. As budget discussions are approaching, she wanted to discuss this with Council. She provided the following information: • In 2011, a salary commission gave the Mayor a salary increase to $113,000. • In 2012, the Mayor received a COLA to bring his salary to $115,000. • In 2011, a salary commission recommended to aggregate the $50 per -meeting fee to bring Council members salary to $1,000 a month. • The City Council President receives $200 more or a total of $1,200. • City of Edmonds' Financial have grown from $138 million to $156 million (FYE 2010 — 2015). • During that same period, people employed by the city of Edmonds has decreased from 266 employees to 219. • In addition to regular yearly Administrative duties — Mayor and Council had long-range planning items like the Comprehensive Plan, Critical Areas Ordinance, Shoreline Master Program, Stormwater Code Update, etc. • Comparables in packet are comparables used for salaries of non -reps. Populations 20,000 higher or 20,000 lower than Edmonds 40,000 population. • Data showed that all Edmonds elected officials' salaries are less than the average of the cities surveyed. • Currently, the Mayor's salary is 13% below comparables cities. • Many of comparable cities have City Administrators that assist Mayor • Most Importantly_— IF City Council decides to set a new salary for Council members, any increases WILL NOT take effect until the candidate for that position has been elected in the future (2018 — Positions 1, 2 and 3; and 2020 — Positions 4, 5, 6 and 7. Councilmember Buckshnis reviewed options for Mayor and City Council salary increases: 1) Via a Council action Current seated Councilmembers cannot increase or decrease their own salary after his or her election or during their terms (Article 11, Section 8 in conjunction with Article 30, Section 1 of the state constitution). Any increase or decrease in the salaries of those elected officials will not take effect until an election for that elected position has been held. Salary of the Mayor may be increased at any time by Council for following year. Edmonds City Council Draft Minutes September 20, 2016 Page 8 Packet Pg. 13 4.2.a 2) Via the use of a Citizens' Salary Commission • Council would reestablish the Citizen's Salary Commission via ordinance. • Salary Commission can effectively be selected by Mayor or Council. • Salary Commission members review the comparables and set the compensation (RCW 35.21.015) and that commission will have the authority to set the compensation for the elected officials. Commission decisions take effect immediately at the next year. • Citizens do not understand the amount of time being a Councilmember or Mayor takes. 3) Hybrid of Council Action for Mayor and Salary Commission for Council. • Council can review comparables for the Mayor and decide upon a salary for the Mayor for next year. • Council can establish a Salary Commission to perform the duties as described in Option #2 for the Council. 4) Do nothing this year. • Council does not want to consider any option at this time 5) Provide more detailed information that Council may want to investigate as to the history of the salary commission. • Council just wants the issue to simmer until more information is obtained o Another agenda memo regarding pros and cons of a Salary Commission and its history. o Just not enough information and needs more City Council Meetings to make a decision. Councilmember Buckshnis explained the Mayor in several of comparably sized cities are members of the Council and not elected Mayors. She relayed the following suggestions: • For the Mayor if Option #1 or #3 is selected: 0 5% increase plus 100% CPI-W COLA beginning 2017. 0 5% increase plus 100% CPI-W Cola beginning 2017. o Another 5% increase and 100% CPI-W Cola beginning 2018. o From January 1, 2019 and beyond a 100% CPI-W cola to keep up with market. o Financial Impacts: ■ 2017: $5,750 + 2% COLA, total $8000 increase ■ 2018: $5,875 + 2% COLA, total $8000 increase • For the Council if Option #1 is selected: o $200 per month increase (to $1,200 per month) o $300 per month increase (to $1,500) for the Council President (CP) for 2018, if CP is newly (re)elected o In 2018 and 2019 and beyond: 100% CPI-W for only newly (re)elected Councilmembers o In 2020, bring all four newly (re)elected up to same pay so all Councilmembers making same salary o Financial impact will not occur until 2018 ■ 2018: Three newly (re)elected Councilmembers will be compensated at $1,200 per month, plus a 100% CPI-W from 2017. ■ 2019: The same three Councilmembers would be given another 100% CPI-W COLA from 2018. 2020: The same three Councilmembers would be given another 100% CPI-W COLA from 2019 and the four newly (re)elected Councilmembers would be compensated at the same rate as the other three so all will be on the same payment schedule ($1,200 plus accumulated CPI-W). All CP will now make the additional $300 to total of $1,500. Councilmember Mesaros agreed it was time to give the Mayor a raise, the position is lagging behind and needs to keep up with the salaries paid by comparable to ensure the necessary leadership is attracted to Edmonds. Edmonds is a $156 million corporation; if the City were hiring a CEO to run the corporation, Edmonds City Council Draft Minutes September 20, 2016 Page 9 Packet Pg. 14 4.2.a the person would be paid much more. Councilmember Buckshnis commented a City Manager would also be paid a lot more. Councilmember Mesaros said it is also time to increase the Council salaries and the Council may chooses to create a Salary Commission to do that. Although there may be a disparity in the salaries over two years due to the election cycle, a higher salary would attract appropriate leadership to the City Council. He supported Councilmember Buckshnis' recommendation. Councilmember Fraley-Monillas said the Mayor's comparables are skewed because 6 of the cities have populations 2-3 times the size of Edmonds. She questioned why Mukilteo was not included. She suggested reconsidering the cities used as comparables. Councilmember Buckshnis recognized the wrong form was included in the packet. Councilmember Fraley-Monillas looked forward to the new data. Councilmember Fraley-Monillas asked whether any other Councils received increases based on CPI. Parks & Recreation/HR Reporting Director Carrie Hite said a few cities provide CPI increases for Councils and Mayors; she can provide that data. Councilmember Fraley-Monillas asked whether the 5% increase for the Mayor was a starting place. Councilmember Buckshnis said a 5% plus a COLA would bring the increase to 7% and the Mayor's position was approximately 13% below the comparable cities. Councilmember Fraley-Monillas referred to the comparison of Council compensation and asked why benefits for Lynnwood and Kirkland were $2000/month. Ms. Hite answered most of the cities in that range allow benefits for self, spouse, significant other, and/or family which significantly drives up the monthly compensation. Councilmember Fraley-Monillas said family benefits was cut prior to her election to the Council; previously Councilmembers could insure themselves and their families with the same cost sharing as City staff. Councilmember Buckshnis relayed reducing the medical benefit to Councilmember only was a Council decision. Councilmember Fraley-Monillas asked whether any comparable cities received benefits that differed from Edmonds. Ms. Hite answered cities provide typical basic benefits such as medical, dental, life insurance. There were no anomalies identified such as a car allowance, sick leave, etc. Councilmember Fraley-Monillas suggested identifying a few other cities with a strong Mayor form of government. Ms. Hite commented it was difficult to identify comparables with strong mayors as there are only a handful of cities in the Puget Sound region with a strong mayor. The comparable cities listed for the Mayor are the Puget Sound cities that have strong mayor, Mukilteo was inadvertently omitted. Councilmember Fraley-Monillas inquired about Arlington. Ms. Hite said Arlington's population is much lower. She offered to work with Councilmember Buckshnis to provide more data. Councilmember Buckshnis said the Mayor in many cities have an administrative director, chief of staff, etc.; Edmonds' Mayor does it all. Councilmember Fraley-Monillas said it was her understanding Patrick Doherty served in that capacity in the Mayor's absence. Councilmember Teitzel looked forward to a more accurate list of comparables. He expressed support for an increase for the Mayor, observing the Mayor has not had a salary adjustment for six years and his position is very demanding and more than a full-time job. He was less comfortable about an increase for the City Council; it appears based on the comparables that Edmonds is higher paid than Councilmembers in comparably sized cities. He agreed Edmonds Councilmembers have a substantial job that took a great deal of time and effort but he was concerned with getting out of step with comparable sized cities. Councilmember Buckshnis pointed out some cities do not offer any benefits like Lacey and Bothell; comparable cities have both salary and benefits. Combining salary and benefits, Puyallup's total compensation is $2000, Lynnwood's is $2900, and University Place's is $1500. In the six years she has served on Council and the work she did as Council President, it was her conclusion that that Edmonds Edmonds City Council Draft Minutes September 20, 2016 Page 10 Packet Pg. 15 4.2.a Councilmembers were underpaid. She wanted to attract more people to run for Council and to invigorate the Council. Councilmember Teitzel asked how much time the Council had to make this decision to include it in the 2017 budget. Councilmember Buckshnis asked what additional information the Council needed. Mayor Earling said he must present the budget on October 11. Councilmember Nelson was not interested in a salary increase for the Council at this time. He had a conflict with Council deciding to increase the Mayor's position salary for the current seated Mayor. If the Council increases the salary for the position, he preferred it be effective with the next election cycle. Councilmember Buckshnis pointed out the Council increased the Judge's salary and questioned why the Council should not be able to increase the salary of the current Mayor. Councilmember Nelson said under the circumstances of how the Council works with the position of the Mayor on a daily basis, voting whether or not to provide a raise, having the Mayor select the Salary Commission to provide a raise, it was too sticky for him. Councilmember Fraley-Monillas said in considering whether to provide a raise, it was important to have accurate information regarding the comparables. The Council cannot determine whether the Mayor's salary is high or low with the current information. Council President Johnson said this should be two-step process, 1) decide whether or not to have a Salary Commission, and 2) whether to consider an ordinance raising salaries. In her personal opinion, there was a question of equity. She was not interested in Council Positions 1, 2 and 3 earning more than Council Positions 4, 5, 6, and 7. Over 2 years, that is a difference of $4800. She would feel personally obligated to take Councilmembers in Positions 4-7 out to lunch every week to even it out. The inequity of salaries was a situation she would like to avoid. Councilmember Buckshnis asked if Council wanted data provided that removed the five cities whose populations were not comparable to Edmonds and to have another study session. She displayed the five options and asked for Council direction. Councilmember Fraley-Monillas suggested another study session with updated information that included Mukilteo and potentially other cities for both Council and Mayor. Councilmember Fraley-Monillas said she did not think $200 increase/month would attract new people to run for Council. If the Council's salary were doubled, perhaps that would attract a few new people. She suggested considering an increase in benefits such as allowing medical coverage for family members. Councilmember Mesaros said the sooner the information can be provided the better, next week's agenda if possible. He supported reviewing a correct list of comparables for the Mayor's salary and the Council taking action. Councilmember Buckshnis relayed her understanding from a former Councilmember that one of reasons health benefits were limited to Councilmembers only was inequity, some Councilmembers had benefits for only themselves and others had benefits for their family. Councilmember Teitzel expressed support for an increase for the Mayor and data that shows see how out of pace he was with Mayors in comparably sized cities. He was less inclined to adjust the Council's salary as he was not sure an additional $200/month would do much good. Councilmember Buckshnis said the $200 increase was to recognize the hard work the Council does. Councilmember Teitzel agreed, but did not support an increase for the Council unless the data convinced him otherwise. 9. MAYOR'S COMMENTS Edmonds City Council Draft Minutes September 20, 2016 Page 11 Packet Pg. 16 4.2.a Mayor Earling acknowledged the Council for work they did on the Volunteer Dinner last Friday at the Senior Center. All Councilmembers attended and it was a fabulous evening. Although the attendance may not have been as high as anticipated, those that attended enjoyed the evening and the format. Mayor Earling requested Councilmembers provide him their feedback by tomorrow regarding the HR Director interviews; he would like to make the appointment in next few days. i[1�00111Q[41MQfL1JUluMWNR Councilmember Tibbott reported this weekend he and his wife had an opportunity to visit the artist studio tours. It was a fantastic opportunity to interact with the artists and see their projects. One of the highlights was the opportunity to sit down with Sculptor David Varnau and hear his enthusiasm for his art. He looked forward to next year's artist studio tour and encouraged citizens to participate. Councilmember Teitzel reported he attended the Master Builders Association affordable housing forum last Thursday; it was excellent and very well attended. He encouraged Councilmembers to attend similar forums in the future. He reported on a forum hosted by the Snohomish County Housing Consortium regarding Sound Transit 3 that included speakers for and against the measure. He learned a great deal; as it is a very complicated and expensive issue for the region, he was concerned the general populous does not understand the issues. He recommended Councilmembers and citizens attend a pro/con forum, read about ST3 and make an informed decision in November on this important issue for the region. Council President Johnson thanked all the volunteers who contribute to the City, those who were able to join the Council at the Volunteer Appreciation Dinner and those who were not. Councilmember Buckshnis echoed Council President Johnson's comment. Councilmember Fraley-Monillas reported an ST3 presentation was provided at the South County Cities meeting; she encouraged everyone to research this complicated issue. She thanked the Council for assisting with the Volunteer Appreciation Dinner, particularly the cleanup. She received several compliments from volunteers regarding the format of the evening. She appreciated Councilmember Mesaros identifying a bad bottle of wine. Councilmember Nelson expressed appreciation to the coordinators of the Volunteer Appreciation Dinner, Councilmembers Teitzel and Fraley-Monillas. The attention to detail was evident; it was a wonderful event and this was his favorite of the two he has attended. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 13. ADJOURN With no further business, the Council meeting was adjourned at 8:45 p.m. Edmonds City Council Draft Minutes September 20, 2016 Page 12 Packet Pg. 17 4.3 City Council Agenda Item Meeting Date: 09/27/2016 Acknowledge receipt of a Claim for Damages from Hieu Vuong (amount undetermined). Staff Lead: Linda Hynd Department: City Clerk's Office Preparer: Linda Hynd Background/History N/A Staff Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Narrative Hieu Vuong 22706 74th Avenue Place W. Edmonds, Wa 98026 (amount undetermined) Attachments: Vuong Claim for Damages Packet Pg. 18 4.3.a :RECEIVED SEP 2 0 Z016 CITY OF EDMONDS CLAIM FOR DAMAGES FORM EDMONDS CITY CLERK Please take note that Date Claim Form eceived by Cit who currently resides at W t 6-k mailing address 7t�h 1qi�_ Ar�e Q USGF2— WO , home phone # 206. %VOOAQwork phone # , and who resided at at the time of the occurrence and whose date of birth is is claiming damages against in the sum of $ Ufj6e� t,dw (Arising out of the following circumstances listed below. DATE OF OCCURRENCE: ` 1. l� i TIME: LOCATION OF OCCURRENCE: 020b iu+H AVe 2L U. W A iQ2,6 in a� a� DESCRIPTION: ca 4. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. u� I W ► "(-i a x!n E OA U LO M LO (attach an extra sheet for additional information, if needed) N 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. E 0 L 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? '; Yes No IF so, please provide the i ame of the insurance company: and the policy M q D I License Plate # Type Auto: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: E U a� c 0 Q Form Revised 05/06/14 Page t of 2 Packet Pg. 19 4.3.a * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * I,6--- 1� •�'�� being first duly sworn, depose and say that I am the claimant for the above described: that I have read the above claim, know the contents thereof and believe the same to be true. I further acknowledge that any information I provide as part of this claim may be considered a public record and may be subject to disclosure pursuant to RCW 42.56. Signature of Claimant(s) State of Washington County ofCI[1�W1ty N bt- I certify that I know or have satisfactory evidence that k � is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowleAed it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. t gnature ~�-`V' •�1 N�t,,,��,, �r+��1��� Title D4f Dq 1 �yl My appointment expires: Ajr -VAN,'� 0 �O� 'him lift OF WAS'����"'� �111111��rrrrti��\ Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. rn a� a� c� E ca L 0 .2 U LO M LO Form Revised 05/06/14 Page 2 of 2 Packet Pg. 20 4.3.a ISMr InsuranceTM A Liberty Mutual Company September 20, 2016 Hieu Vuong 22706 74th PI W Edmonds, WA 98026-8384 Claim Number: Insured Name: Date of Loss: Policy Number: Underwriting Company: Dear Mr. Hieu Vuong: Safeco hisurance Company of America 541415636002 Hieu Vuong September 19, 2016 OH1801901 Safeco Insurance Company of America Mailing Address: P.O. Box 515097 Los Angeles, CA 90051-5097 Phone: (800)332-3226 (509) 944-8321 Fax: (988)268-8840 You have submitted this claim to Safeco Insurance Company of America for potential payment under policy OH1801901 for damages to your property located at 22706 74th PI W, Edmonds, WA, 98026-8384. After a review of your policy and the facts that have come to our attention, Safeco Insurance Company of America regrets that it is unable to provide payment for the damages you have claimed because your policy does not provide coverage for this loss. Our reasons for this denial are as follows: As you are aware, this claim arises from water damage to the crawlspace and yard on your property. You have advised us that the drain system owned by the city behind your property has overflowed and water has flooded your backyard and water has flooded into the crawlspace of your home. Your insurance policy form HOM-7030EP 1/09 Safeco Homeowners Optimun Homeowners Policy, includes the following provision: BUILDING PROPERTY LOSSES WE DO NOT COVER Wedo not cover loss caused directly or indirectly by any of the following excluded perils. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area; 5. continuous or repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture or vapor which occurs over a period of weeks, months or years. 10. Water Damage, meaning: a� a� E R 0 4- E 2 U LO M M CV2137 01/16 Packet Pg. 21 4.3.a Page 2 Claim Number 541415636002 a. (1) flood, surface water, waves, tidal water, tsunami, seiche, overflow of a body of water, storm surge or spray from any of these, whether or not driven by wind, including hurricane or similar storm; or (2) release of water held by a dam, levee, dike or by a water or flood control device or structure; b. water below the surface of the ground, including that which exerts pressure on, or seeps or leaks through a building, wall, bulkhead, sidewalk, driveway, foundation, swimming pool, hot tub or spa, including their filtration and circulation systems, or other structure; c. water which escapes or overflows from sewers or drains located off the residence premises; d. water which escapes or overflows from drains or related plumbing appliances on the residence premises. However, this exclusion does not apply to overflow and escape caused by malfunction on the residence premises, or obstruction on the residence premises, of a drain or plumbing appliance on the residence premises; or e. water which escapes or overflows or discharges, for any reason, from within a sump pump, sump pump well or any other system designed to remove water which is drained from the foundation area. a) E Water includes any water borne materials. p This exclusion applies whether the water damage is caused by or resulting from human or animal L 0 E forces or any act of nature. M U Direct loss by fire, explosion or theft resulting from water damage is covered. LO 77 As you can see in the above -referenced policy language surface water or water below the surface of the ground is excluded. Therefore, according to the terms and conditions of your policy, we are unable to provide any coverage for this loss. E At all times, we strive to fully assess our coverage potential. We are always open to reevaluating our position, should new facts come to light. If you have any additional information that you believe will have a material effect on our determination of coverage, please provide that information to us in writing at your earliest opportunity. You should, however, regard this as a denial of your claim. Safeco Insurance Company of America may continue to investigate this claim. However, Safeco Insurance Company of America reserves any and all rights and defenses allowed under the policy of insurance and the law. No action taken by Safeco Insurance Company of America, its employees and/or agents, is intended to be or should be considered to be a waiver of any of these rights or defenses under the policy of insurance or the law. Your policy limits the time you have to bring an action on your claim. The section below outlines the policy information for Washington that outlines this timeframe: Please refer to your SAFECO HOMEOWNERS POLICY, HOM-7030/EP 1/09, it states in part as follows: Section 1 - Property Conditions CV2137 01/16 Packet Pg. 22 4.3.a Page 3 Claim Number 541415636002 8. Suit Against Us. No action shall be brought against us unless there has been compliance with the policy provisions and the action is started within one year after the inception of the loss or damage. Please note that the one-year period in the above policy provision begins to run when the damage first manifests, is tolled or suspended during the insurer's investigation and recommences when the insurer makes a coverage decision on the claim in writing. General Insurance Company of America reserves any and all rights and defenses allowed under the policy of insurance and the law. No action taken by General Insurance Company of America, its employees and/or agents, is intended to be or should be considered to be a waiver of any of these rights or defenses under the policy of insurance or the law. Sincerely, Janet Drinkwine Claim Resolution Spec II, Property Fast Path Safeco Insurance Company of America (509) 944-8321 (800) 332-3226 Ext. 7224141 Fax: (888) 268-8840 Janet.drinkwine@safeco.com a� a� E ca 0 L O E U LO M M CV2137 01 /16 Packet Pg. 23 4.4 City Council Agenda Item Meeting Date: 09/27/2016 Approval of claim, payroll and benefit direct deposit, checks and wire payments.' Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #221903 through #222009 dated September 22, 2016 for $1,349,959.90 (re- issued check #221947 $275.00). Approval of payroll direct deposit and checks #62321 through #62330 for $501,625.86, benefit checks #62331 through #62336 and wire payments of $555,699.52 for the pay period September 1, 2016 through September 15, 2016. Staff Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Financial Impact Claims $1,349,959.90 Re -issued check $275.00 Payroll Employee checks and direct deposit $501,625.86 Payroll Benefit checks and wire payments $555,699.52 Total Payroll $1,057,325.38 Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claim cks 09-22-16 FrequentlyUsedProjNumbers 09-21-16 payroll summary 09-20-16a payroll summary 09-20-16b payroll benefits 09-20-16 Packet Pg. 24 4.4.a vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher 221903 221904 221905 221906 Date Vendor 9/22/2016 061029 ABSOLUTE GRAPHIX 9/22/2016 000850 ALDERWOOD WATER DISTRICT Voucher List City of Edmonds Invoice PO # Description/Account 916377 P&R VOLLEYBALL SHIRTS P&R VOLLEYBALL SHIRTS 001.000.64.571.25.31.00 9.8% Sales Tax 001.000.64.571.25.31.00 Page: c ca lid U a� Amoun c a m U 42.9( =a 4.2( Total : 47.1( c m 9970 MONTHLY WHOLESALE WATER Cl- MONTHLY WHOLESALE WATER CF 421.000.74.534.80.33.00 211,753.2z _ Tota 9/22/2016 060205 ALLIED BUILDING PRODUCTS CORP 14223842-00 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 Tota 9/22/2016 063862 ALPINE PRODUCTS INC TM-161454 TRAFFIC - WHITE PAINT 50GAL D Traffic - White Paint 50Gal Drums 111.000.68.542.64.31.00 Yellow Paint 50 Gal Drums 111.000.68.542.64.31.00 Freight 111.000.68.542.64.31.00 9.8% Sales Tax 111.000.68.542.64.31.00 TM-161774 TRAFFIC GLASS BEADS Traffic Glass Beads 111.000.68.542.64.31.00 White Waterbourne Traffic Paint 5 111.000.68.542.64.31.00 Freight 111.000.68.542.64.31.00 0 211,753.21 c� a E Ga 300.0( U w 0 29.4( @ 1 : 329.4( p L Q R 0 1,164.0( Lo LO 584.0( ., m r 121.4E N 0 0 183.2' w E 872.6z .w � 415.1( c m E 136.2E R .r r a Page: 1 Packet Pg. 25 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221906 9/22/2016 063862 ALPINE PRODUCTS INC 221907 9/22/2016 001528 AM TEST INC 221908 9/22/2016 070976 AMERESCO INC 221909 9/22/2016 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 4.4.a Page: 2 c ca U a� _ Amoun }; 0 a am 139.5: Total: 3,616.2E L =a 94607 WWTP: ICP SCAN & MERCURY BY 4. ICP SCAN & MERCURY BY CVAA c 2013-030 G(1-1) Ret 1988763911 1988774536 1988778527 9.8% Sales Tax 111.000.68.542.64.31.00 423.000.76.535.80.41.00 75.0( Total : 75.0( RETAINAGE REIMBURSED Retainage Reimbursed 016.000.223.400 Tota FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 9.8% Sales Tax 001.000.66.518.30.24.00 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 9.8% Sales Tax 001.000.66.518.30.24.00 PUBLIC WORKS OMC LOBBY MAT PUBLIC WORKS OMC LOBBY MA 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MA 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MA 421.000.74.534.80.41.00 PUBLIC WORKS OMC LOBBY MAT 422.000.72.531.90.41.00 PUBLIC WORKS OMC LOBBY MA 423.000.75.535.80.41.00 c c� 0 26,651.1( ca 26,651.1E E U 24.9( c c� 2Az a Q. i a � T: T: � 24.9( 0 2.4z t° r N 1.6' � N 6.1' T: E � 6.1' T5 E 6.1' R .r r Q Page: 2 Packet Pg. 26 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221909 9/22/2016 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 9.8% Sales Tax 001.000.65.518.20.41.00 9.8% Sales Tax 111.000.68.542.90.41.00 9.8% Sales Tax 421.000.74.534.80.41.00 9.8% Sales Tax 422.000.72.531.90.41.00 9.8% Sales Tax 423.000.75.535.80.41.00 9.8% Sales Tax 511.000.77.548.68.41.00 1988778528 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 FLEET DIVISION MATS 511.000.77.548.68.41.00 9.8% Sales Tax 511.000.77.548.68.24.00 9.8% Sales Tax 511.000.77.548.68.41.00 1988787232 WWTP: UNIFORMS, TOWELS & MA wwtp uniforms 423.000.76.535.80.24.00 wwtp mats & towels 423.000.76.535.80.41.00 9.8% Sales Tax 423.000.76.535.80.24.00 9.8% Sales Tax 423.000.76.535.80.41.00 1988787233 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 4.4.a Page: 3 c ca lid U a� Amoun }; 0 a am 6.0E a� L 0.1( =a 4 0.6( c m 0.6( c� 0.6( 0 L 0.6( a E 0.5l 'ca 4- 0 1.0< Ln 1.8( m r N 5.1( M 0 115.9E 0.5( 11.3� m E t R .r r Q Page: 3 Packet Pg. 27 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221909 9/22/2016 069751 ARAMARK UNIFORM SERVICES (Continued) 001.000.64.576.80.24.00 1988792658 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MATE 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 9.8% Sales Tax 001.000.65.518.20.41.00 9.8% Sales Tax 111.000.68.542.90.41.00 9.8% Sales Tax 421.000.74.534.80.41.00 9.8% Sales Tax 422.000.72.531.90.41.00 9.8% Sales Tax 423.000.75.535.80.41.00 9.8% Sales Tax 511.000.77.548.68.41.00 1988792659 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 FLEET DIVISION MATS 511.000.77.548.68.41.00 9.8% Sales Tax 511.000.77.548.68.24.00 9.8% Sales Tax 4.4.a Page: 4 c ca lid U a� Amoun }; 0 a 56.2: U a� L 1.6' 6.1' m 6.1' c� 6.1' o L 6.1' a E 6.0£ 0.1E 0 c� 0.6( o a 0. 0.6( Q LO 0.6( 0.6( m r N 0.5£ 0 N 7.7£ U to 18.4( 6 c 0.7( t R .r r Q Page: 4 Packet Pg. 28 vchlist 09/22/2016 10:10:25AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 221909 9/22/2016 069751 ARAMARK UNIFORM SERVICES (Continued) 511.000.77.548.68.41.00 Tota 221910 9/22/2016 071348 BERGERABAM 316165 E4MB.SERVICES THRU 9/9/16 E4MB.Services thru 9/9/16 016.000.66.518.30.41.00 Tota 221911 9/22/2016 075771 BRANCH, RUTH 9/15 REFUND 9/15 REFUND 9/15 REFUND 001.000.239.200 Tota 221912 9/22/2016 067391 BRAT WEAR 19759 INV#19759 - EDMONDS PD - GAG REPAIR HOLE IN JUMPSUIT (GAG 001.000.41.521.22.24.00 9.8% Sales Tax 001.000.41.521.22.24.00 Tota 221913 9/22/2016 074776 BUCKSHNIS, DIANE 72016 COUNCIL TRAVEL REIMBURSEM 4.4.a Page: 5 c ca lid U a� Amoun }; 0 a 1.8' m 374.9( a� L =a 11,164.9( c 11,164.9E c c� 3.5( o I : 3.5( a NI E N 2 42.0( ,- 0 E� ei � 44.5 1 Ln VI( r Q Page: 5 Packet Pg. 29 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221915 9/22/2016 075072 075072 BUNKER, JAN MARIE 221916 9/22/2016 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Tota 16503330 INV#16503330 - EDMONDS PD COPY RENTAL #6255 FOR 9/2016 001.000.41.521.10.45.00 COPY RENTAL #3325 FPR 9/2016 001.000.41.521.10.45.00 COPY RENTAL #5240 FOR 9/2016 001.000.41.521.10.45.00 9.8% Sales Tax 001.000.41.521.10.45.00 16503332 PW ADMIN COPIER PW Office Copier for 001.000.65.518.20.45.00 PW Office Copier for 111.000.68.542.90.45.00 PW Office Copier for 422.000.72.531.90.45.00 PW Office Copier for 421.000.74.534.80.45.00 PW Office Copier for 423.000.75.535.80.45.00 PW Office Copier for 511.000.77.548.68.45.00 9.8% Sales Tax 001.000.65.518.20.45.00 9.8% Sales Tax 111.000.68.542.90.45.00 9.8% Sales Tax 422.000.72.531.90.45.00 9.8% Sales Tax 421.000.74.534.80.45.00 9.8% Sales Tax 423.000.75.535.80.45.00 9.8% Sales Tax 4.4.a Page: 6 c ca hd U a� Amoun }; 247.5( 0 am m 151.8 4- 60.7( c m 160.0( c c� 36.5' o a 68.5E 38.8E U 4- 0 38.8E 0 L 27.4, m Q 27.4, LO 27.4' m 6.7, N N 3.8' o N Y 3.8' E 2.6� Page: 6 Packet Pg. 30 4.4.a vchlist Voucher List Page: 7 09/22/2016 10:10:25AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 221916 9/22/2016 073029 CANON FINANCIAL SERVICES (Continued) a 511.000.77.548.68.45.00 2.6 1 m 16503333 WATER SEWER COPIER Water Sewer Copier i 421.000.74.534.80.45.00 70.6E Water Sewer Copier 423.000.75.535.80.45.00 70.6E 9.8% Sales Tax 421.000.74.534.80.45.00 6.9z 9.8% Sales Tax 423.000.75.535.80.45.00 6.9: o 16503335 C/A 572105 CONTRACT# 3091/0521 Finance dept copier contract charge a 001.000.31.514.23.45.00 209.6' E 9.8% Sales Tax .@ 001.000.31.514.23.45.00 20.5z u 16503336 CITY CLERKS COPIER LEASE o CITY CLERKS COPIER LEASE 09/0' 001.000.25.514.30.45.00 340.3� o 9.8% Sales Tax a 001.000.25.514.30.45.00 33.3E Q 16503337 PARKS & REC C5250 COPIER CON' Un PARKS & REC C5250 COPIER CON' le In 001.000.64.571.21.45.00 230.1 E 16503338 COPIER C5250 CONTRACT CHARG m C5250 contract charges N 001.000.22.518.10.45.00 146.7: N C5250 contract charges o 001.000.61.557.20.45.00 31.4z Y C5250 contract charges 001.000.21.513.10.45.00 31.4z . 9.8% Sales Tax 001.000.22.518.10.45.00 14.3E r 9.8% Sales Tax 001.000.61.557.20.45.00 3.0E E R .r r Q Page: 7 Packet Pg. 31 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221916 9/22/2016 073029 CANON FINANCIAL SERVICES (Continued) 9.8% Sales Tax 001.000.21.513.10.45.00 16503339 WWTP: 9/1-9/30/16 MO CHG - CON" 9/1-9/30/16 MO Chg for CONTRACT 423.000.76.535.80.45.00 16503340 COPIER C2501F CONTRACT CHAR( contract charges for C2501F 001.000.21.513.10.45.00 9.8% Sales Tax 001.000.21.513.10.45.00 16503341 BLDG PRINTER CONTRACT CHAR( BLDG PRINTER CONTRACT CHAR( 001.000.62.524.10.45.00 16503342 PLANNING PRINTER CONTRACT C PLANNING PRINTER CONTRACT C 001.000.62.524.10.45.00 16503343 P&R PRINTER IRC2501F CONTRAC' P&R PRINTER IRC2501F CONTRAC' 001.000.64.571.21.45.00 16503344 PARKS IRC2501F COPIER CONTRA, PARKS IRC2501F COPIER CONTRA, 001.000.64.576.80.45.00 16503345 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 9.8% Sales Tax 511.000.77.548.68.45.00 16503346 RECEPTIONIST DESK CITY CLERK, RECEPTIONIST DESK COPIER LEA 001.000.25.514.30.45.00 9.8% Sales Tax 001.000.25.514.30.45.00 16503347 C/A 228389 CONTRACT #001-02283 Council office copier contract charge 001.000.11.511.60.45.00 4.4.a Page: 8 c ca lid U a� Amoun }; 0 a am 3.0E a� L 82.4E d c m 26.4z c� 2.6( o L 0 a 35.5' U 35.5' o 0 L 35.5' a 29.0z m 32.31 N N 3.1 0 N Y 13.3, . ca 1.3' m E t 52.8E .r r Q Page: 8 Packet Pg. 32 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221916 9/22/2016 073029 CANON FINANCIAL SERVICES 221917 9/22/2016 022200 CITY OF MOUNTLAKE TERRACE 221918 9/22/2016 035160 CITY OF SEATTLE 221919 9/22/2016 075761 COOK, ROBERT 221920 9/22/2016 061570 DAY WIRELESS SYSTEMS - 03 Voucher List City of Edmonds 4.4.a Page: 9 S 20 c ca lid U a� Amoun }; 0 a m 5.2( � 307.1: d c m 344.0( I: 2,885.8( c�a 0 c� a 6,800.0( 1: 6,800.0( 22 c 22 0 15.8( c I : 15.8E a Q. O Q e Un 205.0( I : 205.0( " m r 420385 INV#420385 - EDMONDS PD N CALIBRATE #SHD-02475 SCOUT N o� 001.000.41.521.22.48.00 70.0( G CALIBRATE #XE01579 GOLDEN EA, Y 001.000.41.521.22.48.00 70.0( U FUELSURCHARGE E 001.000.41.521.22.48.00 10.0( 6 9.8% Sales Tax 001.000.41.521.22.48.00 14.7( m Total : 164.7( R .r r Q Page: 9 Packet Pg. 33 Invoice PO # Description/Account (Continued) 9.8% Sales Tax 001.000.11.511.60.45.00 16506599 ENGINEERING COPIER CHARGE vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221921 9/22/2016 070121 DESTINATION MARKETING 221922 9/22/2016 073757 DEX MEDIA WEST INC 221923 9/22/2016 064531 DINES, JEANNIE 221924 9/22/2016 075776 DOWNEY, SHARON 221925 9/22/2016 007625 EDMONDS ARTS FESTIVAL 221926 9/22/2016 007675 EDMONDS AUTO PARTS Voucher List City of Edmonds Invoice 18302 651150804 16-3692 16-3694 9/16 REFUND TPROMO EAF 65634 M. I.X1 4.4.a Page: 10 c ca lid U a� PO # Description/Account Amoun }; DOWNLOAD OF TOURISM VIDEO F a Download of tourism video footage to -0) 120.000.31.575.42.41.00 682.5( Total: 682.5( CEMETERY ADVERTISING CEMETERY ADVERTISING 130.000.64.536.20.41.40 Tota TRANSPORTATION BENEFIT 02/0 02/02/16 & 08/02/16 TRANSPORT 001.000.25.514.30.41.00 CITY COUNCIL MINUTES 9/13/201 09/13/2016 CITY COUNCIL MINUT 001.000.25.514.30.41.00 Tota 9/16 REFUND ACTIVITY CANCELL 9/16 REFUND ACTIVITY CANCELL 001.000.239.200 Tota TPROMO EAF TPROMO EAF 123.000.64.573.20.41.00 Tota PM: 1OW30 & HRDWR-REDUCER PM: 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 PM: BLOW GUN, PLUG MALE PM: BLOW GUN, PLUG MALE 001.000.64.576.80.31.00 r: 2/ 4- a� c 5.0( I : 5.0( c � AT L 92.4( ca 6 Q" E! E 224.4( 1 : 316.8( c 2,000.0( 2,000.0( N N 0 N Y 51.51 E 5.0: 2 c m 15.6E E R .r r Q Page: 10 Packet Pg. 34 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221926 9/22/2016 007675 EDMONDS AUTO PARTS 221927 221928 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 9.8% Sales Tax 001.000.64.576.80.31.00 65739 PM: REDUCER PM:REDUCER 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 9/22/2016 074302 EDMONDS HARDWARE & PAINT LLC 001800 001803 001805 9/22/2016 069912 EDMONDS PUBLIC FACILITIES DIST BID-Ed!42516 221929 9/22/2016 008705 EDMONDS WATER DIVISION 6-00025 6-00200 Tota PM: FASTENERS, SLIDE BOLT LA PM: FASTENERS, SLIDE BOLT LA 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 PM: LUMBER CRAYON PM: LUMBER CRAYON 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 PM: LOCKING PLIERS, TERRY TO PM: LOCKING PLIERS, TERRY TO 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 4.4.a Page: 11 TC c ca lid U a� _ Amoun }; 0 a am 1.5z a� L 4.6E V. c 0.4E I : 78.9E c c� — TC 0 10.2E a 1.0' U 4- 0 3.5E 0 L 0.3E a V\ Q V\ LO 23.9E 2.3E m Total: 41.5E r N N RENTAL OF ECA LOBBY FOR ANNI✓ M 0 Ed! rental of ECA lobby for annual BII 0 140.000.61.558.70.49.00 275.0( Total: 275.0( E .; MARINA BEACH PARK SPRINKLER U MARINA BEACH PARK 001.000.64.576.80.47.00 2,025.3E FISHING PIER & RESTROOMS R .r r a Page: 11 Packet Pg. 35 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221929 9/22/2016 008705 EDMONDS WATER DIVISION (Continued) FISHING PIER & RESTROOMS 001.000.64.576.80.47.00 6-00410 BRACKETT'S LANDING SOUTH SPF BRACKETT'S LANDING SOUTH SPF 001.000.64.576.80.47.00 6-00475 ANWAY PARK RESTROOMS ANWAY PARK RESTROOMS 001.000.64.576.80.47.00 6-01127 WWTP: 7/16-9/14/16 200 2ND AVE! 7/16-9/14/16 WWTP 200 2ND AVE E 423.000.76.535.80.47.64 6-01130 WWTP: 7/16-9/14/16 200 2ND AVE,' 7/16-9/14/16 WWTP 200 2ND AVE E 423.000.76.535.80.47.64 6-01140 WWTP: 7/16-9/14/16 200 2ND AVE! 7/16-9/14/16 200 2ND AVE S / METE 423.000.76.535.80.47.64 6-01250 CITY PARK BALLFIELD SPRINKLER CITY PARK BALLFIELD SPRINKLER 001.000.64.576.80.47.00 6-01275 CITY PARK PARKING LOT CITY PARK PARKING LOT 001.000.64.576.80.47.00 6-01280 CITY PARK SPRAY PARK CITY PARK 001.000.64.576.80.47.00 6-02125 PINE STREET PLAYFIELD SPRINKL PINE STREET PLAYFIELD SPRINKL 001.000.64.576.80.47.00 6-02727 BOYS & GIRLS CLUB SPRINKLER BOYS & GIRLS CLUB SPRINKLER 001.000.64.576.80.47.00 6-02730 CIVIC CENTER PLAYFIELD SKATE I CIVIC CENTER PLAYFIELD SKATE I 001.000.64.576.80.47.00 4.4.a Page: 12 c ca lid U a� Amoun }; 0 a am 1,147.8, a� L 1,123.6E E. aD c m 2,027.4< c c� 0 403.4( j, 0 a E 25.6: 'M U 4- 0 2,201.2, 0 L a 0. 4,413.9, Q LO le 2,111.2E m r N 1,421.E 1 N rn 0 N Y 1,946.9z E 559.2: c m E 324.9E R .r r Q Page: 12 Packet Pg. 36 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221929 9/22/2016 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 6-02735 PUBLIC SAFETY COMPLEX 250 5TF PUBLIC SAFETY COMPLEX 250 5TF 001.000.66.518.30.47.00 6-02736 FIRE STATION #17 FIRE 275 6TH A\j FIRE STATION #17 FIRE 275 6TH A\j 001.000.66.518.30.47.00 6-02737 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 001.000.66.518.30.47.00 6-02738 PUBLIC SAFETY COMPLEX IRRIGA PUBLIC SAFETY COMPLEX IRRIGA 001.000.66.518.30.47.00 6-02825 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / � 001.000.66.518.30.47.00 6-02875 FRANCES ANDERSON CENTER FIF FRANCES ANDERSON CENTER FIF 001.000.66.518.30.47.00 6-02900 FAC SPRINKLER FAC SPRINKLER 001.000.64.576.80.47.00 6-02925 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 6-03000 CIVIC CENTER PARKING LOT SPRI CIVIC CENTER PARKING LOT SPRI 001.000.64.576.80.47.00 6-03275 HUMMINGBIRD HILL PARK SPRINKI HUMMINGBIRD HILL PARK SPRINKI 001.000.64.576.80.47.00 6-03575 MAPLEWOOD PARK SPRINKLER MAPLEWOOD PARK SPRINKLER 001.000.64.576.80.47.00 6-04127 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 4.4.a Page: 13 c ca lid U a� Amoun }; 0 a am 1,837.4z m 14.6E m 971.2( 0 942.51 a E 5,003.1 1 4- 0 c� 25.6< o L a Q. Q 2,248.6, LO 1,622.9' w r N N 510.8' c N Y U 360.8' .E ca Page: 13 Packet Pg. 37 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221929 9/22/2016 008705 EDMONDS WATER DIVISION (Continued) 001.000.66.518.30.47.00 6-04128 FIRE STATION #16 FIRE 8429 196TF FIRE STATION #16 FIRE 8429 196TF 001.000.66.518.30.47.00 6-04400 SEAVIEW PARK SPRINKLER SEAVIEW PARK SPRINKLER 001.000.64.576.80.47.00 6-04425 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 6-04450 SIERRA PARK SPRINKLER SIERRA PARK SPRINKLER 001.000.64.576.80.47.00 6-05155 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 6-05156 PUBLIC WORKS OMC FIRE 7110 21 PUBLIC WORKS OMC FIRE 7110 21 001.000.65.518.20.47.00 PUBLIC WORKS OMC FIRE 7110 21 111.000.68.542.90.47.00 PUBLIC WORKS OMC FIRE 7110 21 422.000.72.531.90.47.00 PUBLIC WORKS OMC FIRE 7110 21 4.4.a Page: 14 c ca lid U a� Amoun }; 0 a 1,231.9' -0) U a� L 14.6E 4. aD c 5,595.4E c c� 477.7' o 0 a 1,917.2-1 137.6: o 522.9z o L a 0. 522.9z Q LO 522.9z 522.9z w r N 522.9z N di 0 N Y 1.8< E 6.9E Page: 14 Packet Pg. 38 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221929 9/22/2016 008705 EDMONDS WATER DIVISION 221930 221931 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 421.000.74.534.80.47.00 PUBLIC WORKS OMC FIRE 7110 Tota 9/22/2016 075566 EHRBAR, PAMELA BID-092616 ADMIN SERVICES 9/13-9/19/16 BID/Ed! Administrative services 140.000.61.558.70.41.00 Tota 9/22/2016 008812 ELECTRONIC BUSINESS MACHINES AR47160 221932 9/22/2016 009350 EVERETT DAILY HERALD EDH720250 EDH720481 COPIER OVERAGE CHARGE Copier Overage charge for Council 001.000.11.511.60.31.00 9.8% Sales Tax 001.000.11.511.60.31.00 Tota LEGAL ADS- PLN FILE 2016-1 LEGAL ADS- PLN FILE 2016-1 001.000.62.558.60.41.40 LEGAL ADS- PLN20150031/0038 4.4.a Page: 15 21 21 G� G� c ca lid U a� Amoun }; 0 a 6.9E }, 6.9E +' L 6.9z � � 186.6E c� 0 2,761.1' j, ca a E 2,358.0, '@ U 4- 0 5,372.2E I: 56,241.35 0 a Q. Q 285.0( It 1 : 285.0( m r N N 44.5z a) 0 N 4.3( 1 : 48.9( E M U r c 177.1( t U R .r r Q Page: 15 Packet Pg. 39 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221932 9/22/2016 009350 EVERETT DAILY HERALD 221933 9/22/2016 066378 FASTENAL COMPANY 221934 9/22/2016 075772 FLECK, LLOYD 221935 9/22/2016 011900 FRONTIER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) LEGAL ADS- PLN20150031 /0038 001.000.62.558.60.41.40 Tota WAMOU41204 WATER - SUPPLIES Water - Supplies 421.000.74.534.80.31.00 9.8% Sales Tax 421.000.74.534.80.31.00 Tota 9/16 REFUND 9/16 REFUND ACTIVITY CANCELL 9/16 REFUND ACTIVITY CANCELL 001.000.239.200 Tota 206-188-0247 TELEMETRY MASTER SUMMARY TELEMETRY MASTER SUMMARY 421.000.74.534.80.42.00 TELEMETRY MASTER SUMMARY 423.000.75.535.80.42.00 253-011-1177 PUBLIC WORKS OMC RADIO LIN 4.4.a Page: 16 E E E E E E c ca lid U a� _ Amoun }; 0 0- am 80.8z 1 : 258.0( i =a 4. a� c 54.8< 5.3 1 1 : 60.2( o 0 A A 0" 86.0( . 1 : 86.0( w A, 0 A' > 260.9z a Ai Q. 260.9: Q � 6.3� r 24.2� N ' a) 24.2� w � Y 24.2� E 'ca 24.2� � 24.3( E t R .r r a Page: 16 Packet Pg. 40 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221935 9/22/2016 011900 FRONTIER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 425-712-0423 WWTP: 9/7-10/6/16 AFTER HOUR B WWTP: 9/7-10/6/16 AFTER HOUR E 423.000.76.535.80.42.00 425-712-8251 PUBLIC WORKS OMC ALARM, FAX, PUBLIC WORKS OMC FIRE AND IN' 001.000.65.518.20.42.00 PUBLIC WORKS OMC FIRE AND IN' 111.000.68.542.90.42.00 PUBLIC WORKS OMC FIRE AND IN' 421.000.74.534.80.42.00 PUBLIC WORKS OMC FIRE AND IN' 423.000.75.535.80.42.00 PUBLIC WORKS OMC FIRE AND IN' 511.000.77.548.68.42.00 425-745-4313 CLUBHOUSE ALARM LINES 6801 M CLUBHOUSE FIRE AND INTRUSIOI` 001.000.66.518.30.42.00 425-771-4741 425-771-4741 CEMETERY PHONE/II 425-771-4741 CEMETERY PHONE/II 130.000.64.536.20.42.00 425-774-1031 LIFT STATION #8 VG SPECIAL ACCI LIFT STATION #8 TWO VOICE GRAI 423.000.75.535.80.42.00 425-775-1344 425-775-1344 RANGER STATION 425-775-1344 RANGER STATION 001.000.64.571.23.42.00 425-775-2455 CIVIC CENTER ALARM LINES 250 5 CIVIC CENTER FIRE AND INTRUSIC 001.000.66.518.30.42.00 425-775-7865 UTILITY BILLING RADIO LINE 4.4.a Page: 17 c ca lid U a� Amoun }; 0 a am 33.3E a� L 33.3E =a 4- aD c 71.2( c c� 16.3' o L 81.5( a E 68.5' 'ca z w 68.5' 0 91.3z o a Q. Q 131.5( ,n It LO 83.3: m r N N 47.2E o N 64.6( . c� Page: 17 Packet Pg. 41 4.4.a vchlist Voucher List Page: 18 09/22/2016 10:10:25AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 221935 9/22/2016 011900 FRONTIER (Continued) a UTILITY BILLING RADIO LINE TO FI' m 421.000.74.534.80.42.00 66.5< 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH( L SNO-ISLE LIBRARY ELEVATOR PH( 001.000.66.518.30.42.00 53.9( 425-776-2742 LIFT STATION #7 VG SPECIAL ACCI c LIFT STATION #7 V/G SPECIAL ACC 423.000.75.535.80.42.00 26.2( Total: 1,650.4( M 221936 9/22/2016 002500 GALLS LLC DBA BLUMENTHAL 006045229 1NV#006045229 ACCT#1 00 1074529 ACADIA GORETEX BOOTS - ROTH a 001.000.41.521.71.24.00 219.9 , 9.8% Sales Tax 001.000.41.521.71.24.00 21.5( U Total: 241.5: p 221937 9/22/2016 074358 GEO-TEST SERVICES 34660 ESJA.SERVICES THRU AUGUST 20 c ESJA.Services thru August 2016 a 421.200.74.594.34.41.00 769.4' Q Total: 769.4; 221938 9/22/2016 069733 H B JAEGER COMPANY LLC 173791/1 WATER - RESETTERS Water - Resetters 421.000.74.534.80.31.00 1,723.2( 9.8% Sales Tax N 421.000.74.534.80.31.00 168.81 173962/1 WATER - RESETTERS, SUPPLIES Water - Resetters, Supplies N 421.000.74.534.80.31.00 2,249.1( E 9.8% Sales Tax 421.000.74.534.80.31.00 220.4, 176258/1 WATER RESETTERS SUPPLIES Water Resetters Supplies t 421.000.74.534.80.31.00 397.6( R .r r Q Page: 18 Packet Pg. 42 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221938 9/22/2016 069733 H B JAEGER COMPANY LLC (Continued) 9.8% Sales Tax 421.000.74.534.80.31.00 176888/1 WATER INVENTORY - #382 W-RESI Water Inventory - #382 W-RESET-01 421.000.74.534.80.34.20 Resetters 421.000.74.534.80.31.00 9.8% Sales Tax 421.000.74.534.80.34.20 9.8% Sales Tax 421.000.74.534.80.31.00 Total: 221939 9/22/2016 012560 HACH COMPANY 10095640 WWTP: SENSOR CAP REPLACEME Sensor cap replacements 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 9.8% Sales Tax 423.000.76.535.80.31.00 10098212 WWTP: LDO MODEL 2 HEAD ASSYI LDO MODEL 2 HEAD ASSY/LDO AIF 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 Total: 221940 9/22/2016 075763 HEINEKIN, KARYN 092016 ESCC STUDENT EXCHANGE REIMI photos for host families 138.100.21.557.21.49.00 flowers for welcome dinner 138.100.21.557.21.49.00 beads for exchange student art proje( 4.4.a Page: 19 c (a lid U a� Amoun }; 0 a am 38.9( a� L 1,197.3( (D c 198.8( Mw 117.3z (ma 0 19.4E L>% 6,331.1; E U 234.0( o 30.8� o L a Q. 25.9( Q 549.3E m 216.6E N N 75.00 c 1,131.9! CO E Page: 19 Packet Pg. 43 to vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221940 9/22/2016 075763 HEINEKIN, KARYN (Continued) 138.100.21.557.21.31.00 9.8% Sales Tax 138.100.21.557.21.49.00 9.8% Sales Tax 138.100.21.557.21.31.00 Tota 221941 9/22/2016 075777 HIGGINS, HANNAH 9/16 REFUND 9/16 REFUND ACTIVITY CANCELL 9/16 REFUND ACTIVITY CANCELL 001.000.239.200 Tota 221942 9/22/2016 060165 HWA GEOSCIENCES INC 26840 WWTP: 100-1300 GEOTECHNICAL 100-1300 GEOTECHNICAL SERVK 423.100.76.594.39.41.10 26928 E3FH.SERVICES THRU 8/22/16 E3FH.Services thru 8/22/16 422.200.72.594.31.41.00 26949 WWTP: 100-1300 GEOTECHNICA 4.4.a Page: 20 c ca lid U W Amoun }; 0 a 38.3, -0a 3.9( aUi L =a 3.7( I: 85M (CD m A A c� 86.0( — 1 : 86.0( c� a E 1,151.2( TU w 0 L to 7,442.6z c ; a s Q- 4,604.2( Q I : 13,198.05 m r 1,462.6: N d) 150.0( w 158.0z E ei 280.0( cr E 240.0( R .r r Q Page: 20 Packet Pg. 44 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221943 9/22/2016 073548 INDOFF INCORPORATED 221944 9/22/2016 071634 INTEGRATELECOM 221945 9/22/2016 014940 INTERSTATE BATTERY SYSTEMS 221946 9/22/2016 075765 JAGDEV SINGH Voucher List City of Edmonds Invoice (Continued) 2849941 2849995 2851926 14138118 300-10013343 3-53330 PO # Description/Account 9.8% Sales Tax 001.000.11.511.60.35.00 CITY CLERKS OFFICE SUPPLIES HAND SANATIZER, DYMO ADDRE 001.000.25.514.30.31.00 9.8% Sales Tax 001.000.25.514.30.31.00 OFFICE SUPPLIES- CLIPS Office supplies- clips 001.000.62.524.10.31.00 WWTP: WINDSOFTC-FOLD PAP WINDSOFT C-FOLD PAPER TOW 423.000.76.535.80.31.00 9.8% Sales Tax 423.000.76.535.80.31.00 Tota 4.4.a Page: 21 ER E c ca lid U W _ Amoun }; 0 a am 50.9( 5D S 153.2, W c 15.0' Mw c M 3.2< o j, 0 L a 52.8E E 5.1E u 4 1 : 2,571.1E 0 ca C/A 768328 0 PR1-1 & 2 City Phone Service 0- 001.000.31.518.88.42.00 915.3 1 Q Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 8.5( Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 8.5( Total: 932.31, r N N PM: TIES, BATTERY CLEANER, SEA c PM: TIES, BATTERY CLEANER, SEA w 001.000.64.576.80.31.00 148.0( 9.8% Sales Tax E 001.000.64.576.80.31.00 14.5( 12 #16-55720 UTILITY REFUND #16-55720 Utility refund due to Tota 1 : 162.5( r c m E t R .r r Q Page: 21 Packet Pg. 45 vchlist 09/22/2016 10:10:25AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 221946 9/22/2016 075765 JAGDEV SINGH (Continued) 221947 9/22/2016 075279 JOHNSON, RONALD 6/2-6/30 LIMP 221948 9/22/2016 075775 KINNEY, KERRIE 9/16 REFUND 221949 9/22/2016 017050 KWICK'N KLEEN CAR WASH 09062016-01B 221950 9/22/2016 075492 LEVERAGE INFORMATION SYSTEMS 1632200 221951 9/22/2016 006048 LN CURTIS AND SONS INV49944 PO # Description/Account 411.000.233.000 4.4.a Page: 22 c ca lid U a� Amoun }; 0 a 100.9( Total : 100.95 +. a� 6/2-6/30/15 SR SOFTBALL LIMP 6/2-6/30/15 SR SOFTBALL LIMP .• 001.000.64.571.25.41.00 4 275.0( c Total : 275.0( 9/16 REFUND ACTIVITY CANCELLA c 9/16 REFUND ACTIVITY CANCELLA f° 001.000.239.200 86.0( o Total: 86.0( >4 CITY CAR WASH City Car Wash 511.000.77.548.68.48.00 Tota MAINTENANCE AGREEMENT FO Maintenance agreement for Cisco 001.000.31.518.88.48.00 9.8% Sales Tax 001.000.31.518.88.48.00 Tota FOR INV#49944 - CUST#C38275 - EDM FERRET OC POWDER 628.000.41.521.23.31.00 FERRET CS POWDER 628.000.41.521.23.31.00 TRI-CHAMBER GRENADE 628.000.41.521.23.31.00 Freight 628.000.41.521.23.31.00 9.8% Sales Tax E .2 5.0z ,- 1 : 5.01 c c� 0 a Q. 1,800.0( Q 176.4' 1 : 1,976.41, m O r N N 190.6( c N Y 162.0( E 415.4z r 114.91 a0i E t R .r r Q Page: 22 Packet Pg. 46 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221951 9/22/2016 006048 LN CURTIS AND SONS 221952 9/22/2016 018980 LYNNWOOD HONDA 221953 9/22/2016 075769 MAILFINANCE INC 221954 9/22/2016 075716 MALLORY PAINT STORE INC Voucher List City of Edmonds Invoice (Continued) 968711 N6125262 E0066542 E0066632 E0066706 E0066720 PO # Description/Account 628.000.41.521.23.31.00 Tota CEMETERY: SP, FILTER, PRO HE CEMETERY: SP, FILTER, PRO HE 130.000.64.536.50.31.00 9.8% Sales Tax 130.000.64.536.50.31.00 Tota POSTAGE MACHINE LEASE 8/29/ POSTAGE MACHINE LEASE 08/29 001.000.25.514.30.45.00 9.8% Sales Tax 001.000.25.514.30.45.00 OLD PW - SUPPLIES Old PW - Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 OLD PW - PAINT SUPPLIES Old PW - Paint Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 OLD PW - PAINT SUPPLIES Old PW - Paint Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 FAC - PAINT FAC - Paint 001.000.66.518.30.31.00 Tota 4.4.a Page: 23 c ca lid U a� _ Amoun }; 0 0- 86.5< -0a 1 : 969.51 +. a� A A = 37.7, c m 3.7( -0 1 : 41.4, cm 16 0 /2 ca 192.0( E 18.8, 1 : 210.8, c 0 a 197.9E Q 18.8' Ul) 616.3: N N 58.5E a) 0 N 747.7' E 71.0< r c m E 19.9� R .r r Q Page: 23 Packet Pg. 47 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221954 9/22/2016 075716 MALLORY PAINT STORE INC 221955 9/22/2016 019582 MANOR HARDWARE 221956 9/22/2016 075774 MCCHESNEY, DJ 221957 9/22/2016 063773 MICROFLEX Voucher List City of Edmonds Invoice (Continued) E0067262 740676-00 9/16 REFUND 00022438 221958 9/22/2016 020900 MILLERS EQUIP & RENTALL INC E7AC.Miller's 2 221959 9/22/2016 020900 MILLERS EQUIP & RENTALL INC 243827 PO # Description/Account 9.5% Sales Tax 001.000.66.518.30.31.00 OLD PW - PAINT SUPPLIES Old PW - Paint Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 Tota FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 Tota 9/16 REFUND ACTIVITY CANCELL 9/16 REFUND ACTIVITY CANCELL 001.000.239.200 Tota 08-16 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.31.514.23.41.00 Tota E7AC.MILLER'S RELOCATION AS E7AC.Miller's Relocation Assistanc 112.000.68.595.20.61.00 Tota FS 20 - SUPPLIES FS 20 - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 4.4.a Page: 24 c ca lid U a� Amoun }; 0 a am 1.9( a� L 105.9, 4 aD c 10.0( 1,848.2E c� SI; e 0 36.8( a 3.6' 1 : 40.4' U 4- 0 A A > 0 99.0( a I : 99.0( Q 40.0( " 1 : 40.0( N N a� c 3,020.0( I: 3,020.0( U U r 27.5( E t R .r r Q Page: 24 Packet Pg. 48 4.4.a vchlist Voucher List Page: 25 09/22/2016 10:10:25AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 221959 9/22/2016 020900 MILLERS EQUIP & RENTALL INC (Continued) a 001.000.66.518.30.31.00 2.6� m 244306 PM: TRACKHOE LIBRARY PLANTEF PM: TRACKHOE LIBRARY PLANTEF L 001.000.64.576.80.45.00 328.0( 9.8% Sales Tax }' 4" 001.000.64.576.80.45.00 32.1 , 244890 PM: SAW BRICK/MASONRY LIBRAF PM: SAW BRICK/MASONRY LIBRAF 001.000.64.576.80.45.00 154.0( 9.8% Sales Tax o 001.000.64.576.80.45.00 15.0� 244927 PM: STIHL OIL f° a PM: STIHL OIL 001.000.64.576.80.31.00 21.9E 9.8% Sales Tax 001.000.64.576.80.31.00 2.1E o 245021 PM: HOOK ON SPRING, SPARK PLL PM: HOOK ON SPRING, SPARK PLL o 001.000.64.576.80.31.00 45.1 a 9.8% Sales Tax Q 001.000.64.576.80.31.00 4.4< 245260 PM: GLOVES PM: GLOVES 001.000.64.576.80.31.00 85.8, w 9.8% Sales Tax N 001.000.64.576.80.31.00 8.4' N 245263 PM: FLOWER PROGRAM BATTERY o PM: FLOWER PROGRAM BATTERY w 001.000.64.576.81.35.00 422.9, 9.8% Sales Tax E 001.000.64.576.81.35.00 41.4E 245265 PM: OIL 2 CYCLE PM: OIL 2 CYCLE m 001.000.64.576.80.31.00 169.5( E R .r r Q Page: 25 Packet Pg. 49 vchlist 09/22/2016 10:10:25AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 221959 9/22/2016 020900 MILLERS EQUIP & RENTALL INC (Continued) 9.8% Sales Tax 001.000.64.576.80.31.00 Tota 221960 9/22/2016 072151 MLA ENGINEERING PLLC 2959 GRAND STANDS PROJECT - FINA Grand Stands Project - Final Paym 001.000.66.518.30.41.00 Tota 221961 9/22/2016 072746 MURRAY SMITH & ASSOCIATES 15-1715-13 ESKA.SERVICES THRU 8/31/16 ESKA.Services thru 8/31/16 421.200.74.594.34.41.00 Tota 221962 9/22/2016 072833 MVP 2016 INVOICE 2016 - EDMONDS PD DVD OF POLICE AWARDS CERE 001.000.41.521.10.31.00 9.8% Sales Tax 001.000.41.521.10.31.00 Tota 221963 9/22/2016 064570 NATIONAL SAFETY INC 0448156-IN WWTP: SENSOR VENTIS SENSOR VENTIS 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 Tota 221964 9/22/2016 075539 NATURE INSIGHT CONSULTING 16 WILLOW CREEK DAYLIGHTING P WILLOW CREEK DAYLIGHTING 422.200.72.594.31.41.00 WILLOW CREEK DAYLIGHTING P 125.000.64.575.50.41.00 4.4.a Page: 26 c ca lid U a� _ Amoun }; 0 0- am 16.6' I: 1,377.& i =a L = 4- en c 1,552.5( 1 : 1,552.5( -0 c M 0 L 5,412.5( ca 5,412.5( E M C ,- 275.0( c c� 26.9E a 1 : 301.9E Q 165.0( m r 13.11 c� N a� 17.41 I : 195.61 v R, E W V ca 250.0( R, m 1,312.5( E R .r r a Page: 26 Packet Pg. 50 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 221964 9/22/2016 075539 075539 NATURE INSIGHT CONSULTING (Continued) 221965 9/22/2016 075770 NEOFUNDS BY NEOPOST 12251158 221966 9/22/2016 024960 NORTH COAST ELECTRIC COMPANY S7415676.001 S7415676.002 221967 9/22/2016 025217 NORTH SOUND HOSE & FITTINGS 76237 221968 9/22/2016 061013 NORTHWEST CASCADE INC 0550126238 0550126239 0550126240 0550126241 PO # Description/Account Tota 7900044080303286 POSTAGE POSTAGE ADDED TO POSTAGE 001.000.25.514.30.42.00 Tota WWTP: POWERFLEX DIGITAL SP POWERFLEX DIGITAL SP 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 WWTP: POWERFLEX DIGITAL SP A 2nd POWERFLEX DIGITAL SP w 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 Tota WWTP: PREMOFLEX 315 PSI HO PREMOFLEX 315 PSI HOSE & AB 423.000.76.535.80.31.00 9.2% Sales Tax 423.000.76.535.80.31.00 Tota MADRONA ELEMENTARY HONEY MADRONA ELEMENTARY HONEY 001.000.64.576.80.45.00 MARINA BEACH HONEY BUCKET MARINA BEACH HONEY BUCKET 001.000.64.576.80.45.00 HAINES WHARF PARK HONEY B HAINES WHARF PARK HONEY B 001.000.64.576.80.45.00 SIERRA PARK HONEY BUCKET 4.4.a Page: 27 MF c ca U a� _ Amoun }; I: 1,562.5( a am � a� 1,000.0( I: 1,000.0( 4- (D c m 237.8E c c� 23.3' a: Q' 237.8E U 23.3' o 1 : 522.3, - SE S( a 235.5( Q It 21.61 I : 257.1 , " m r B N B N o) 111.6E G N 2,938.8E UC UC r 218.7E w E t R .r r Q Page: 27 Packet Pg. 51 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221968 9/22/2016 061013 NORTHWEST CASCADE INC (Continued) SIERRA PARK HONEY BUCKET 001.000.64.576.80.45.00 0550126242 CIVIC FIELD 6TH & EDMONDS HON CIVIC FIELD 6TH & EDMONDS HON 001.000.64.576.80.45.00 0550126243 BALLINGER PARK HONEY BUCKET BALLINGER PARK HONEY BUCKET 001.000.64.576.80.45.00 0550126244 FISH HATCHERY EDMONDS MARSI FISH HATCHERY EDMONDS MARSI 001.000.64.576.80.45.00 0550126245 CIVIC FIELD 6TH & BELL HONEY B1 CIVIC FIELD 6TH & BELL HONEY B1 001.000.64.576.80.45.00 0550126246 CIVIC FIELD 6TH & EDMONDS HON CIVIC FIELD 6TH & EDMONDS HON 001.000.64.576.80.45.00 0550126247 HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 0550126248 YOST PARK HONEY BUCKET YOST PARK HONEY BUCKET 001.000.64.576.80.45.00 0550126249 PINE STREET PARK HONEY BUCK[ PINE STREET PARK HONEY BUCKE 001.000.64.576.80.45.00 0550126250 EDMONDS ELEMENTARY HONEY B EDMONDS ELEMENTARY HONEY B 001.000.64.576.80.45.00 Total: 221969 9/22/2016 073012 NORTHWEST SIGN RECYCLING 2460 SCRAP CREDIT Scrap Credit 111.000.68.542.64.31.00 9.8% Sales Tax 4.4.a Page: 28 c ca lid U a� Amoun }; 0 a a) 113.8E a� L =a 113.8E a� c m 111.6E ca 0 113.8E j, ca a 113.8E �a 0 a 0. 587.6, Q LO 309.2' m r N 113.8E N rn 0 N Y 111.6E 5,072.5' , ca Page: 28 Packet Pg. 52 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221969 9/22/2016 073012 NORTHWEST SIGN RECYCLING (Continued) 111.000.68.542.64.31.00 2515 TRAFFIC - HYDROSTRIPPING Traffic - Hydrostripping 111.000.68.542.64.31.00 9.8% Sales Tax 111.000.68.542.64.31.00 Tota 221970 9/22/2016 025690 NOYES, KARIN 000 00 679 ADB MINUTES 9/7/16 ADB MINUTES 9/7/16 001.000.62.558.60.41.00 000 00 681 HPC MINUTES 9/8/16 HPC MINUTES 9/8/16 001.000.62.558.60.41.00 000 00 682 PLAN. BOARD MINUTES 9/14/16 PLAN. BOARD MINUTES 9/14/16 001.000.62.558.60.41.00 Tota 221971 9/22/2016 063511 OFFICE MAX INC 013176 P&RADMIN: COLORED PAPER P&RADMIN: COLORED PAPER 001.000.64.571.21.31.00 9.8% Sales Tax 001.000.64.571.21.31.00 917560 FLEET- LABEL TAPE Fleet- Label Tape 511.000.77.548.68.31.10 PW Supplies Label Tape 001.000.65.518.20.31.00 9.8% Sales Tax 511.000.77.548.68.31.10 9.8% Sales Tax 001.000.65.518.20.31.00 988027 WOTS: IVORY PAPER WOTS: IVORY PAPER 4.4.a Page: 29 c ca lid U a� Amoun }; 0 a -2.4E -0) U a) L 129.5, 15 12.6� c 114.3i c c� 262.5( ca a 105.0( •� U 4- 0 315.0( -cu- 1 : 682.5( p L Q 0. Q 22.9E Ul) m r N N 29.2, 6 0 N 29.2, E 2.8 1 M U 2.8E c m E t U R .r r Q Page: 29 Packet Pg. 53 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221971 9/22/2016 063511 OFFICE MAX INC Voucher List City of Edmonds Invoice (Continued) 221972 9/22/2016 075767 OMNI CONTRACTING SOLUTIONS 141325 221973 9/22/2016 027060 PACIFIC TOPSOILS 229437 229457 229473 221974 9/22/2016 069338 PARTNER CONSTRUCTION PRODUCT 7998 221975 9/22/2016 073871 PERSONNEL EVALUATION INC 221976 9/22/2016 028860 PLATT ELECTRIC SUPPLY INC 20072 K245427 PO # Description/Account 117.100.64.573.20.31.00 9.8% Sales Tax 117.100.64.573.20.31.00 Tota HYDRANT DEPOSIT REFUND Hydrant Deposit Refund 421.000.245.110 Tota STORM DUMP FEES Storm Dump Fees 422.000.72.531.10.49.00 STORM DUMP FEES Storm Dump Fees 422.000.72.531.10.49.00 STORM DUMP FEES Storm Dump Fees 422.000.72.531.10.49.00 Tota ROADWAY - CRAFCO ROADSAVE Roadway - Crafco Roadsaver Low 111.000.68.542.31.31.00 Freight 111.000.68.542.31.31.00 9.8% Sales Tax 111.000.68.542.31.31.00 Tota INV 20072 EDMONDS PD - AUGU WEB BASED PEP TEST 001.000.41.521.10.41.00 Tota PW - SUPPLIES 4.4.a Page: 30 c ca lid U a� Amoun }; 0 a 20.8, -a) 2.0z aa) L 112.2E 4- a� c m 950.0( 950.0( 0 96.0( E U 96.0( o 0 96.0( a I : 288.0( Q R Ln Trc 3,485.0( " m r 125.0( N d) 353.7£ w I: 3,963.7E � Sl E 2 U 20.0( 1 : 20.0( m E t U R .r r Q Page: 30 Packet Pg. 54 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221976 9/22/2016 028860 PLATT ELECTRIC SUPPLY INC 221977 9/22/2016 069447 POINTS SHARP STEEL INC 221978 9/22/2016 073231 POLYDYNE INC Voucher List City of Edmonds Invoice (Continued) 16-1515 1076061 221979 9/22/2016 071811 PONY MAIL BOX & BUSINESS CTR 218760 221980 9/22/2016 029117 PORT OF EDMONDS 219094 219162 219164 03870 PO # Description/Account PW - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 Tota ROADWAY - EQUIPMENT REPAIR Roadway - Equipment Repairs and 111.000.68.542.31.48.00 9.8% Sales Tax 111.000.68.542.31.48.00 Tota WWTP: CLARIFLOC clarifloc 423.000.76.535.80.31.51 Tota WWTP: FED EX TO L&I FED EX to L&I 423.000.76.535.80.42.00 WWTP: FED EX TO L&I FED EX TO L&I 423.000.76.535.80.42.00 FLEET D CLARK CO RETURN PO Fleet D Clark Co Return Postage 511.000.77.548.68.42.00 FLEET PVP COMM RETURN POS Fleet PVP Comm Return Postage 511.000.77.548.68.42.00 Tota PORT RIGHT-OF-WAY LEASE FO PORT RIGHT-OF-WAY LEASE FO 422.000.72.531.90.51.00 4.4.a Page: 31 c ca lid U a� _ Amoun }; 0 a am 408.5( 40.0z =5 1 : 448.6( a� c S D 1,050.0( 0 102.9( 1,152.9( a E U 8,184.0( —0 8,184.0( 0 Sl 0 a Q. 31.2� Q 31.Z � N N 19.5: a) 34.2t E 116.4( 'S R R � r 2,770.7t R .r r a Page: 31 Packet Pg. 55 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221980 9/22/2016 029117 029117 PORT OF EDMONDS (Continued) Tota 221981 9/22/2016 064088 PROTECTION ONE 2422756 ALARM MONITORING SNO-ISLE L ALARM MONITORING SNO-ISLE L 001.000.66.518.30.42.00 31146525 ALARM MONITORING CITY HALL ALARM MONITORING CITY HALL 4.4.a Page: 32 1� F F F F c ca lid U a� Amoun }; I: 2,770.7� a am IE IE U m 235.0E 4- c 51.1' � � 33.5z o � 33.5z a OF 30.1 £ •� OF U 38.5 p � 16.71 p OF a 15.0E Q 1 : 453.81 LO It LO m 359.0( r 1 : 359.0( N o� 0 N 166.0( E 16.2 , 1 : 182.2 , c m E t R .r r Q Page: 32 Packet Pg. 56 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221984 9/22/2016 074156 RAZZ CONSTRUCTION INC (Continued) E4MB.Pmt 6 thru 8/31/16 016.000.66.594.19.65.00 Tota 221985 9/22/2016 031500 REID MIDDLETON & ASSOC INC 1608071 E3FE/E6FA.SERVICES THRU 8/26 4.4.a Page: 33 /1 T T c ca lid U a� Amoun }; 0 0- am 224468.1, I: 224:468.1, i =a 4- w c 3,284.3E 9,853.1, cm 1 : 13,137.5( o 0 E E 0" 151.3( . U w 0 30.0E > 0 114.3z a c Q. Q 114.3z le 114.3z 114.3' N r 114.3z a): w c 160.8 1 E AL AL r 69.5. 1 : 983.4 i E t R .r r Q Page: 33 Packet Pg. 57 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221987 9/22/2016 075288 RODARTE CONSTRUCTION INC E3FH.Pmt 1 E3FH.PMT 1 THRU 8/25/16 E3FH.Pmt 1 thru 8/25/16 422.200.72.594.31.65.00 E3FH.Ret1 422.200.223.400 Tota 221988 9/22/2016 075773 RUTHERFORD, BONNIE 9/16 REFUND 9/16 REFUND ACTIVITY CANCELL 9/16 REFUND ACTIVITY CANCELL 001.000.239.200 Tota 221989 9/22/2016 069593 SAFELITE FULFILLMENT INC 00439588508 UNIT 5 - GLASS REPLACEMENT Unit 5 - Glass Replacement 511.000.77.548.68.48.00 9.8% Sales Tax 511.000.77.548.68.48.00 Tota 221990 9/22/2016 075747 SEAL TEAM ONE 1446 WWTP: CAULKING/SEALING BAT Caulking/sealing wall, shower & flo 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 Tota 221991 9/22/2016 063306 SHERWIN-WILLIAMS 3502-4 FAC - PAINT SUPPLIES FAC - Paint Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 4317-7 FAC MAINT SHOP SUPPLIES Fac Maint Shop Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 4.4.a Page: 34 c ca lid U a� Amoun }; 0 a am 412,893.0( a) L -20,644.6! =a 1 : 392,248.3! aD c A A � 86.0( cm I : 86.0( o 0 0 a 300.0( . U 29.4( o I : 329.4( if o a or Q. 6,524.0( Q 639.3E I : 7,163.3! " m r N N a� 170.9( N 16.7! Page: 34 Packet Pg. 58 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221991 9/22/2016 063306 SHERWIN-WILLIAMS 221992 9/22/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 4510-6 PM: SAFETY YELLOW, SCRAPER, 1 PM: SAFETY YELLOW, SCRAPER, 1 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 Total: 2002-0254-7 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- 111.000.68.542.64.47.00 2002-6027-1 YOST POOL YOST POOL 001.000.64.576.80.47.00 2003-9895-6 FIRE STATION #16 8429 196TH ST ; FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 2004-9683-4 LIFT STATION #10 17526 TALBOT R LIFT STATION #10 17526 TALBOT R 423.000.75.535.80.47.10 2006-1131-7 LIFT STATION #9 19300 80TH AVE V LIFT STATION #9 19300 80TH AVE V 423.000.75.535.80.47.10 2007-1403-8 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 2007-2302-1 TRAFFIC LIGHT 961 PUGET DR / MI TRAFFIC LIGHT 961 PUGET DR / MI 111.000.68.542.64.47.00 2007-3984-5 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH 421.000.74.534.80.47.00 2011-9708-4 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 2014-3123-6 PEDEST CAUTION LIGHT 9110 OLY 4.4.a Page: 35 c ca hd U a� Amoun }; 0 a am 129.2' aUi L =a 12.6E 351.2� c m c c� 15.1 0 0 a 1,307.3z U 763.8' c 0 55.5E m Q. Q 112.5: 'e m 25.5, r N N C6 0 23.7, Y E 18.2E .2 U Page: 35 Packet Pg. 59 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221992 9/22/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) PEDEST CAUTION LIGHT 9110 OLY 111.000.68.542.64.47.00 2014-3124-4 PEDEST CAUTION LIGHT 9301 PUC. PEDEST CAUTION LIGHT 9301 PUC 111.000.68.542.64.47.00 2014-4175-5 TRAFFIC LIGHT 21531 HWY 99 / ME TRAFFIC LIGHT 21531 HWY 99 / ME 111.000.68.542.63.47.00 2015-5174-4 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / � 001.000.66.518.30.47.00 2017-9000-3 ALDERWOOD INTERIE 6130 168TH ALDERWOOD INTERIE 6130 168TH 421.000.74.534.80.47.00 2019-4248-9 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH 111.000.68.542.90.47.00 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 PUBLIC WORKS OMC 7110 210TH 423.000.75.535.80.47.10 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 2021-9128-4 PEDEST CAUTION LIGHT 7801 212- PEDEST CAUTION LIGHT 7801 212- 111.000.68.542.63.47.00 2022-5062-7 9TH/CASPER LANDSCAPED BED 9TH/CASPER LANDSCAPED BED 001.000.64.576.80.47.00 2022-8945-0 TRAFFIC LIGHT 21931 HWY 99 / ME 4.4.a Page: 36 c ca lid U a� Amoun }; 0 a am 17.9E a� L 16.2E E. aD c m 45.5E c� 0 1,712.51 j, ca a E 14.7E '@ t^. 80.6' @ 0 L 306.3, a Q 306.3, LO 306.3, m r 306.3, N Page: 36 Packet Pg. 60 s vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221992 9/22/2016 037375 SNO CO PUD NO 1 221993 9/22/2016 065910 SNOCOM 911 COMMUNICATIONS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) TRAFFIC LIGHT 21931 HWY 99 / ME 111.000.68.542.64.47.00 2022-9166-2 CIVIC CENTER & FIRE STATION #1 , CIVIC CENTER & FIRE STATION #1 , 001.000.66.518.30.47.00 2024-3924-6 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 2036-5215-1 FIVE CORNERS RESERVOIR 85191 FIVE CORNERS RESERVOIR 85191 421.000.74.534.80.47.00 2044-2584-7 LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 2051-8438-5 LIFT STATION #5 432 3RD AVE S / N LIFT STATION #5 432 3RD AVE S / N 423.000.75.535.80.47.10 2202-1638-6 PEDEST CAUTION LIGHTS 8410 MF PEDEST CAUTION LIGHTS 8410 MF 111.000.68.542.64.47.00 2205-4757-4 TRAFFIC LIGHT SR104 @ 236TH S1 TRAFFIC LIGHT SR104 @ 236TH S1 111.000.68.542.63.47.00 Total: 16-0906-2 Q4-16 COMMUNICATIONS Q4-16 COMMUNICATIONS 001.000.39.528.00.51.00 Q4-16 COMMUNICATIONS 421.000.74.534.80.51.00 Q4-16 COMMUNICATIONS 423.000.75.535.80.51.00 16-0906-2A Q4-16 NEW WORLD ASSESSMENT Q4-16 New World Assessment 001.000.39.528.00.51.00 4.4.a Page: 37 c ca lid U a� Amoun }; 0 a m 75.9z a� L 5,081.1E d c m 2,202.8E c� 0 134.4( 0 a E 45.0E 4- 0 16.8E @ 0 L a 0. 70.3 1 Q 70.0E 13,560.11 w r N N d) 0 211,082.1( Y 5,554.7� E 5,554.8( r c m E 24,499.5( R .r r Q Page: 37 Packet Pg. 61 vchlist 09/22/2016 10:10:25AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 221993 9/22/2016 065910 065910 SNOCOM 911 COMMUNICATIONS (Continued) 221994 9/22/2016 065176 SNOHOMISH CO TOURISM BUREAU EDM0916 221995 1►yly�16sZ: 221997 221998 9/22/2016 006630 SNOHOMISH COUNTY 9/22/2016 072291 SNO-KING COMMUNITY CHORALE TP SNO-KING CHORALE 9/22/2016 038300 SOUND DISPOSAL CO 9/22/2016 039775 STATE AUDITOR'S OFFICE Description/Account Tota TOURISM PROMOTION AWARD J Tourism promotion award for perod 120.000.31.575.42.41.00 Tota PARKS MAINT 5005 DUMP FEES PARKS MAINT DUMP FEES 001.000.64.576.80.47.00 DUMP SPEED BUMPS PW 111.000.68.542.90.49.00 FACILITIES CHAIR DUMP 001.000.66.518.30.48.00 Tota 4.4.a Page: 38 c ca lid U a� _ Amoun }; I: 246,691.2E 0 m V a� 3,000.0( I: 3,000.0( 4- a� c m 1,230.0( 619.0( o CU 20.0( 1 : 1,869.0( . U 4- 0 1,500.0( > Total: 1,500.0( a Q. 104757 WWTP: 9/2016 ROLLOFF ASH DISP Q TP SNO-KING CHORALE TP SNO-KING CHORALE 123.000.64.573.20.41.00 9/2016 Ash Disposal Ul) 423.000.76.535.80.47.65 4,928.7( W) L116362 08-16 AUDIT FEES 08-16 Audit Fees 001.000.39.514.20.51.00 08-16 Audit Fees 111.000.68.543.30.51.00 08-16 Audit Fees 421.000.74.534.80.51.00 08-16 Audit Fees 422.000.72.531.90.51.00 08-16 Audit Fees Tota 4,928.7( m r N N 2,378.0' c N Y 70.2( E 865.9� r 464.8E a0i E t R .r r Q Page: 38 Packet Pg. 62 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 221998 9/22/2016 039775 STATE AUDITOR'S OFFICE 221999 9/22/2016 040917 TACOMA SCREW PRODUCTS INC 222000 9/22/2016 069357 THIES, MIKE 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.75.535.80.51.00 08-16 Audit Fees 423.000.76.535.80.51.00 08-16 Audit Fees 511.000.77.548.68.51.00 18127971 STORM - MARKING PAINT Storm - Marking Paint 422.000.72.531.40.31.00 9.8% Sales Tax 422.000.72.531.40.31.00 4.4.a Page: 39 c ca lid U a� Amoun }; 0 1,223.9( a -0) 320.71 aUi L =a 122.5 14 Total: 5,446.3E m c c� 106.4( o 10.4: a Total: 116.8t 916 CONFERENCE- MIKE THIES- WACE f° U Mileage to/from WACE conference c 001.000.62.524.10.43.00 120.9( @ 3 nights hotel- WACE confernce > 0 001.000.62.524.10.43.00 317.4E a Meals (under per diem) Q- Q 001.000.62.524.10.43.00 33.0E Tota 0781 CITY COUNCIL CREDIT CARD Two (2) Computer Monitors 001.000.11.511.60.35.00 Registration Fee for SCC Membersh 001.000.11.511.60.49.00 Registration Fee for Economic Allia 001.000.11.511.60.49.00 Office Depot Item 1 - Disposible 001.000.11.511.60.31.00 Office Depot Item 2 - Writing Pens f 001.000.11.511.60.31.00 Late Payment Fee 471.5: m r 225.9( N I nc d) 105.0( w 25.0( E 12.5E or � 9.4� E t R .r r Q Page: 39 Packet Pg. 63 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.11.511.60.49.00 9.8% Sales Tax 001.000.11.511.60.31.00 0781 CITY COUNCIL CREDIT CARD Hobby Lobby - Council Supplies - Pal 001.000.11.511.60.31.00 Hobby Lobby - Card Stock 0 Paper 001.000.11.511.60.31.00 Registration fee for AWC Disability 001.000.11.511.60.49.00 Late Payment Fee 001.000.11.511.60.49.00 Registration fee for Housing Consortia 001.000.11.511.60.49.00 9.8% Sales Tax 001.000.11.511.60.31.00 2674 OLYMPIC BRAKE - UNIT P9 - BRAKE Olympic Brake - Unit P9 - Brake PadE 511.000.77.548.68.31.10 Amazon - Shop Supplies 511.000.77.548.68.31.20 Amazon - Shop Tool 511.000.77.548.68.35.00 Costco - Units Ell8,119,128PR - Bac 511.100.77.594.48.64.00 Wesco - Unit 79 - Supplies 511.000.77.548.68.31.10 Amazon - Shop Supplies 511.000.77.548.68.31.20 MSC - Unit 89 - Hose Reel 511.000.77.548.68.31.10 Chuck Olson - Unit 30 - Supplies 511.000.77.548.68.31.10 Amazon - Shop Tool 4.4.a Page: 40 c ca lid U W Amoun }; 0 a 2.0( -0a 2.1( 4) L 4. 2.4£ c m 12.9£ c� 45.0( o L 2.0( a E 45 1.5, 0 0 38.3z a Q 10.9E ,n le In 5.9� m r 439.1 £ N N CD 30.4. G N 11.9£ E 1,244.3 c 33.9, E t R .r r a Page: 40 Packet Pg. 64 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 511.000.77.548.68.35.00 Home Depot - Shop Supplies 511.000.77.548.68.31.20 Campbell Nelson - Unit 12 - Replace 511.000.77.548.68.48.00 Costco - Unit 81 - Supplies 511.000.77.548.68.31.10 TEC - Unit 21 - Lamp 511.000.77.548.68.31.10 Home Depot - Fleet Shop Tool 511.000.77.548.68.35.00 76 - Unit E108PO - Car Wash 511.100.77.594.48.64.00 Home Depot - Unit 10 - Supplies 511.000.77.548.68.31.10 Home Depot - E119PR - Supplies 511.100.77.594.48.64.00 Amazon - Unit E118PR - Inverter 511.100.77.594.48.64.00 76- Unit E124PO - Car Wash 511.100.77.594.48.64.00 Canopy World - Unit 94 FAC - Canop 511.000.77.548.68.48.00 Nelco - Unit E112PO - Cable Ties 511.100.77.594.48.64.00 Costco - Units Ell8,119,128PR - Bac 511.100.77.594.48.64.00 2985 WWTP: 9/2016 CC: BUS.LICENSE/F WA. BUSINESS LICENSE & FEE 423.000.76.535.80.51.00 RIO SUITES HOTEL - 1ST NIGHT+Ti 423.000.76.535.80.43.00 INFRAMATION CONFERENCE REGI 423.000.76.535.80.49.71 4.4.a Page: 41 c ca lid U a� Amoun }; 0 a 22.9E -0) 17.4E aUi L =a 330.8' 4. aD c 20.7E 118.0: c�a 0 40.71 L>% 0 a 8.7E 10.91 U 4- 0 52.5� 0 L 32.9E a Q 8.7E LO 1,819.3� m r 30.1 < c� N a� 219.5c o N U 123.0( •@ U 84.0( m 1,995.0( t U R .r r a Page: 41 Packet Pg. 65 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) RUBBER STAMP & 2017 AT-A-GLAN 423.000.76.535.80.31.00 3215 INV#3215 09/06/16 - COMPAAN - EC AIRFARE/IACP/COMPAAN 001.000.41.521.40.43.00 REG/IACP/COMPAAN 001.000.41.521.40.43.00 3314 INV#3314 09/06/16 - LAWLESS - ED COMBAT TOURNIQUETS (CAT) 001.000.41.521.22.31.00 COMBAT TOURNIQUETS (CAT) - SV 628.000.41.521.23.31.00 12 - 8.2 QT SHARPS CONTAINERS 001.000.41.521.22.31.00 HANDGUN BOXES, 4 PACKS OF 25 001.000.41.521.80.31.00 3520 INV#3520 09/06/16 - POLICE #2 - EC FEDEX CHG #16-19143 001.000.41.521.10.42.00 FEDEX CHG RET SHIRT-BRATWEA 001.000.41.521.10.42.00 MAIL FLASHLIGHT FOR REPAIR 001.000.41.521.10.42.00 WATER HOLE DOG BOWL 001.000.41.521.26.31.00 RAM -TECH COLLAR 1" 001.000.41.521.26.31.00 EURO WORKING DOG MUZZLE 001.000.41.521.26.31.00 FEDEX CHG #16-20664,19855 001.000.41.521.10.42.00 VERBATIM REC DVD DISCS 100 PK 001.000.41.521.80.31.00 POST IT NOTES 3X3 4.4.a Page: 42 c ca hd U a� Amoun }; 0 a m 77.0z a� L 263.2( d c 350.0( c c� 299.9( o L 359.8E a E 152.6, 0 0 15.3z a Q 17.01 ,n le In 12.4E m r 15.9: N N M 16.9z C N 96.6E M 15.3z 6 c 114.7( t R .r r a Page: 42 Packet Pg. 66 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.41.521.10.31.00 POST IT NOTES 3X5 001.000.41.521.10.31.00 VERBATIM DVD REC DISCS - 100 P 001.000.41.521.80.31.00 DBL PISTOL MAG POUCH (ST CRIK/ 001.000.41.521.22.31.00 SGL MAG POUCH (ST CRIMES) 001.000.41.521.22.31.00 NIX TEST KIT L - HEROIN 001.000.41.521.80.31.00 NIX TEST KIT U - METH & XTC 001.000.41.521.80.31.00 SGL PISTOL MAG POUCH (ST CRIIV 001.000.41.521.22.31.00 FLASHLIGHT POUCH (ST CRIMES) 001.000.41.521.22.31.00 HANDCUFF POUCHES (ST CRIMES 001.000.41.521.22.31.00 5.11 TACT RADIO POUCHES (ST CF 001.000.41.521.22.31.00 FEDEX CHG #13664 001.000.41.521.10.42.00 LEVEL III ALS HOLSTERS (ST CRIM 001.000.41.521.22.31.00 FEDEX CHG #16-21549,20772 001.000.41.521.10.42.00 4675 PARKS CREDIT CARD AMAZON: HAZEL MILLER PLAZA Pl 001.000.64.576.80.31.00 WRPA: TAMMY RANKINS REGISTR) 001.000.64.571.22.49.00 STATE OF WA: PARKING OLYMPIA ( 001.000.64.571.21.43.00 4.4.a Page: 43 c ca lid U a� Amoun }; 0 a 22.7z -) 24.9E L =a 168.7, W c 36.3( 24.0z c�a 0 155.7E L>% ca a 113.7E 31.1. 4- 0 26.1 £ 0 L 61.2E a Q 69.1: Ul) 17.5� m r 433.3E c� N o� 15.3z o N U 130.0E •@ U 149.0( m 3.0( t U R .r r Q Page: 43 Packet Pg. 67 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) QFC: PLATES CIVIC MASTER PLAN 125.000.64.576.80.31.00 QFC: CIVIC MASTER PLAN MEETIN 125.000.64.576.80.31.00 LITTLE CAESARS: CIVIC MASTER F 125.000.64.576.80.31.00 PC/NAMETAG: RIBBONS 117.100.64.573.20.31.00 LAKESHORE: MEADOWDALE PRE: 001.000.64.571.29.31.00 DISCOUNT SCHOOL SUPPLY: MEAI 001.000.64.571.29.31.00 ACCO:CALENDARS 001.000.64.571.21.31.00 S&S WORLDWIDE: MEADOWDALE 001.000.64.571.29.31.00 AMAZON: DISC CHANGER FOR GY 001.000.64.571.28.31.00 AMAZON: STORAGE CABINET FOR 001.000.64.571.29.31.00 AMAZON: HEADSET FOR FRONT D 001.000.64.571.21.31.00 WSU: RECERTAND IPM WORKSHC 001.000.64.576.80.49.00 NORTHERN TOOL 001.000.64.576.80.31.00 4697 ESCC STUDENT EXCHANGE ESCC student exchange lunch 138.100.21.557.21.49.00 gratuity for ESCC student exchange li 138.100.21.557.21.49.00 ice for ESCC Padilla Bay day 138.100.21.557.21.49.00 wet wipes for ESCC Padilla Bay day 4.4.a Page: 44 c ca lid U a� Amoun }; 0 a am 6.5E a� L 22.6. =a 4- 58.1. c m 31.9� c� 707.5( 0 L 48.7z a E 82.7( 'ca 29.9c 0 163.6( o a Q. 199.3, Q 333.8( 120.0( N 280.4E 0 N 81.7E E ca 15.0( Page: 44 Packet Pg. 68 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 138.100.21.557.21.49.00 dressing for ESCC Padilla Bay day 138.100.21.557.21.49.00 SCC September Dinner Meeting 001.000.21.513.10.49.00 Parking for ESCC student exchange 138.100.21.557.21.49.00 9.8% Sales Tax 138.100.21.557.21.49.00 5411 REFUND FOR COUNCIL CREDIT C/ Refund for Candy for July 4th Parade 001.000.11.511.60.31.00 5593 RECORDING FEES, SUPPLIES, COI SNOHOMISH COUNTY RECORDINC 421.000.74.534.80.49.00 SNOHOMISH COUNTY RECORDINC 423.000.75.535.80.49.00 MISC. RECORDED DOCUMENTS 001.000.25.514.30.49.00 WASHINGTON MUNICIPAL CLERKS 001.000.25.514.30.49.00 POSTAGE AND MAILED ENVELOPE 001.000.25.514.30.42.00 CERTIFIED MAIL MAILED FROM PO 001.000.25.514.30.42.00 2016 WAPRO FALL CONFERENCE 001.000.25.514.30.49.00 AMAZON - CITY CLERK IPAD CASE 001.000.25.514.30.31.00 5923 OFFICESPACE WEBSITE, BIRD FE: External hard drive to access tourism 120.000.31.575.42.49.00 OfficeSpace website for September f( 001.000.61.558.70.41.00 4.4.a Page: 45 c (a lid U a� Amoun }; 0 a 3.2E 4.9E aa) L =a 35.0( a� c 43.0( 8.3z (tea 0 L 179.8E a E M 187.0( U 0 187.0( > 0 L 880.0( Q Q 150.0( ,n 144.9E m r 9.6' N N o� 375.0( c N 54.9E U 169.9E m 100.0( R .r r Q Page: 45 Packet Pg. 69 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Bird Fest online advertising on Come 120.000.31.575.42.41.40 6254 6254 PARKS CR CARD ECOPRODUCTS: WOTS SUPPLIES 117.100.64.573.20.31.00 EDMONDS PERMITS MEADOWDAL 125.000.64.594.75.65.00 7000 VISA, SHANE, CONFERENCE Shane- Housing Cons meeting 001.000.62.524.10.49.00 7476 INV#7476 09/06/16 - BARD - EDMO� TLO SEARCHES 8/2016 001.000.41.521.21.41.00 7483 BNSF BUSINESS LUNCH Business meeting w/Johan Hellman c 001.000.21.513.10.49.00 gratuity on BNSF business lunch 001.000.21.513.10.49.00 9.6% Sales Tax 001.000.21.513.10.49.00 8017 ENG CREDIT CARD JULY & AUGUS GRC Pervious Pavement Display Sur 001.000.67.518.21.49.00 GRC Canvas Prints 001.000.62.524.10.49.00 Zulauf - Bitco Training 001.000.67.518.21.49.00 New Mailbox System for Engineering 001.000.67.518.21.49.00 8017 CREDIT OF HOTEL CHARGES FROI Credit for Hotel Charges from the AP\ 001.000.67.518.21.49.00 8083 VISA- DEV SERV, VARIOUS Office supplies- Amazon, for Dev 4.4.a Page: 46 c ca lid U W Amoun }; 0 a am 625.0( a� L 99.8: d c 3,380.0( Mw c c� 15.0( o L 0 a 16.5( E U 38.4( o 7.9' O a Q. 3.6� Q LO 63.0: m r 131.3E N N 150.0( o N 95.2 1 E -247.9( m E t R .r r a Page: 46 Packet Pg. 70 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.62.524.10.31.00 APA membership- Brad Shipley 001.000.62.558.60.49.00 Joint Planning Conference, Rob Cha\ 001.000.62.558.60.49.00 Adobe subscription- Brad Shipley 001.000.62.558.60.49.00 8304 SEPTEMBER HR VISA BILL LODGING FOR MAH AT WAPELRA 001.000.22.518.10.43.00 NEW FAX/COPY/SCANNER FOR HF 001.000.22.518.10.31.00 SPARE INK FOR FAX/COPY/SCANN 001.000.22.518.10.31.00 CL JOB POSTING: WATER MAINT. V 001.000.22.518.10.41.40 CL JOB POSTING: PLANNER 001.000.22.518.10.41.40 8304 CREDIT FOR BAREFOOT STUDENT CREDIT FOR DUPLICATE BAREFO( 001.000.22.518.10.41.40 8349 INV#8349 09/06/16 - ANDERSON - E KNIFE BOXES - 2 PKS OF 25 001.000.41.521.80.31.00 LG RIFLE BOXES - 2 PKS OF 25 001.000.41.521.80.31.00 RIFLE BOXES - 2 PKS OF 25 001.000.41.521.80.31.00 9821 INV#9821 09/06/16 - GREENMUN - E AIRFARE/CNOA-POFF 001.000.41.521.40.43.00 REG/PERFORMANCELEADERSHIP, 001.000.41.521.40.49.00 PELICAN 1040 MICRO -CASE 4.4.a Page: 47 c ca lid U a� Amoun }; 0 a 442.Z -) 306.0( aUi L =a 275.0( a� c 54.8� c c� 110.9( o L 208.6' a E w 90.0( 0 45.0( o CL Q. Q -50.0( ,n le 47.2( w r N 144.4( N 0 0 107.6( Y E 2 306.2( U Page: 47 Packet Pg. 71 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222001 9/22/2016 062693 US BANK 222002 9/22/2016 075506 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.41.521.22.31.00 PELICAN 1042 PICK N PLUCK FOAP 001.000.41.521.22.31.00 8GB SD CARD -2 PACK 001.000.41.521.22.31.00 IPHONE CASE - NAVY 001.000.41.521.22.31.00 IPHONE CASE - BLACK/BLACK 001.000.41.521.22.31.00 NIKON COOLPIX CAMERA 001.000.41.521.22.31.00 DEP LODGING 10/2/COLL/SACKVIL 001.000.41.521.40.43.00 DEP LODGING 10/9/COLL/SACKVIL 001.000.41.521.40.43.00 DEP LODGING 10/16/COLL/SACKVI 001.000.41.521.40.43.00 DEP LODGING 10/23/COLL/SACKVI 001.000.41.521.40.43.00 OTTERBOX CASES FOR IPHONE 001.000.41.521.22.31.00 BID-1687 PO BOX RENEWAL, COPIES Copies for board meeting 140.000.61.558.70.49.00 Annual PO box renewal for BID 140.000.61.558.70.49.00 Tota I : 4362934 EDMWATSEW 15 City of Edmonds WA Water and Sew( 421.000.74.592.34.89.00 City of Edmonds WA Water and Sew( 422.000.72.592.31.89.00 City of Edmonds WA Water and Sew( 4.4.a Page: 48 c ca lid U a� Amoun }; 0 a 55.9E -0) 16.4z aa) L =a 62.7. a� c 14.9' 15.1z c�a 0 128.4' L>% (a a 75.9( 75.9( U 0 75.9( 0 L 75.9( a Q 62.4E Ul) It LO 23.5, m r N 106.0( 22,497.21 o N Y E 90.8z Z Page: 48 Packet Pg. 72 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222002 9/22/2016 075506 US BANK Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.75.592.35.89.00 4363195 EDMWATREF11 City of Edmonds Water and Sewer 421.000.74.592.34.89.00 City of Edmonds Water and Sewer 422.000.72.592.31.89.00 City of Edmonds Water and Sewer 423.000.75.592.35.89.00 City of Edmonds Water and Sewer 423.100.76.592.39.89.00 4363197 EDMLTOREF12 City of Edmonds Limited General 001.000.39.592.18.89.00 City of Edmonds Limited General 126.000.39.592.75.89.00 City of Edmonds Limited General 423.100.76.592.39.89.00 4363198 EDMLTGO07 City of Edmonds WA Limited Tax Gen 001.000.39.592.18.89.00 City of Edmonds WA Limited Tax Gen 126.000.39.592.75.89.00 City of Edmonds WA Limited Tax Gen 111.000.68.592.47.89.00 City of Edmonds WA Limited Tax Gen 421.000.74.592.34.89.00 City of Edmonds WA Limited Tax Gen 422.000.72.592.31.89.00 City of Edmonds WA Limited Tax Gen 423.000.75.592.35.89.00 City of Edmonds WA Limited Tax Gen 423.100.76.592.39.89.00 4363225 EDMWATSEW 13 City of Edmonds Water and Sewer RE 4.4.a Page: 49 c ca lid U a� Amoun }; 0 a 149.1( -0a U 179.9' 4. 86.6, c m 27.4, c� 6.0< o L 0 a 220.6E E 72.1E u 4- 0 7.11 0 a 0. 52.0, Q LO 23.4( 4.0, m r N 2.7( N 0 0 98.5E Y 2.1( •� 117.1, m E t R .r r Q Page: 49 Packet Pg. 73 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222002 9/22/2016 075506 US BANK 222003 222004 222005 Voucher List City of Edmonds Invoice (Continued) 9/22/2016 044960 UTILITIES UNDERGROUND LOC CTR 6080126 PO # Description/Account 421.000.74.592.34.89.00 City of Edmonds Water and Sewer RE 422.000.72.592.31.89.00 City of Edmonds Water and Sewer RE 423.000.75.592.35.89.00 Total UTILITIES UNDERGROUND LOCATI UTILITIES UNDERGROUND LOCATI 421.000.74.534.80.41.00 UTILITIES UNDERGROUND LOCATI 422.000.72.531.90.41.00 UTILITIES UNDERGROUND LOCATI 423.000.75.535.80.41.00 Total 9/22/2016 075762 VECA ELECTRIC COMPANY 73602 T1 STRUCTURED CABLING - FAC 1 T1 Structured Telecommunications 001.000.31.518.88.41.00 9.8% Sales Tax 001.000.31.518.88.41.00 Total 9/22/2016 067865 VERIZON WIRELESS 9771931402 C/A671247844-00001 Cell Service-Eng 001.000.67.518.21.42.00 Cell Service Fac-Maint 001.000.66.518.30.42.00 Cell Service Parks Maint 001.000.64.576.80.42.00 Cell Service-PD 001.000.41.521.22.42.00 Cell Service-PD 104 Fund 104.100.41.521.21.42.00 Cell Service-PW Street 4.4.a Page: 50 c ca lid U a� Amoun }; 0 a 106.3E -a) 18.0E aa) L =a 175.5: 1,500.0( c m c c� 92.8( o 92.8( a 95.6. •� 281.2: 6 4- 0 ca 0 4,998.0( a Q. Q 489.8( 5,487.8( m r 92.4, N o� 112.1E w 60.8E E 276.2' r c 133.5, E t R .r r Q Page: 50 Packet Pg. 74 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 222005 9/22/2016 067865 VERIZON WIRELESS (Continued) 111.000.68.542.90.42.00 Cell Service-PW Street/Storm 111.000.68.542.90.42.00 Cell Service-PW Street/Storm 422.000.72.531.90.42.00 Cell Service-PW Water 421.000.74.534.80.42.00 Cell Service-PW Sewer 423.000.75.535.80.42.00 Cell Service-WWTP 423.000.76.535.80.42.00 Tota 222006 9/22/2016 069816 VWR INTERNATIONAL INC 8046148230 WWTP: PIPETTE SERO 50ML PIPETTE SERO 50ML 423.000.76.535.80.31.00 9.8% Sales Tax 423.000.76.535.80.31.00 8046150775 WWTP: SS POUCH & BOTTLE DI SS POUCH & BOTTLE DIOZ H2O 423.000.76.535.80.31.00 9.8% Sales Tax 423.000.76.535.80.31.00 Tota 222007 9/22/2016 067195 WASHINGTON TREE EXPERTS 116-522 STREET - TREE REMOVAL - APAR Street - Tree Removal - Apartment 111.000.68.542.71.48.00 9.8% Sales Tax 111.000.68.542.71.48.00 Tota 222008 9/22/2016 075635 WCP SOLUTIONS 9734779 FAC MAINT - CLEANING SUPPLIE Fac Maint - Cleaning Supplies 001.000.66.518.30.31.00 4.4.a Page: 51 c ca lid U a� Amoun }; 0 a 18.5, -0a 13.4E aUi L =a 13.40 aD c 57.9( 81.0< c�a 0 42.5( L>% 1 : 902.21 E U 179.1( o 17.5: o L 02 0_ Q. Q 78.6z 7.7, 1 : 283.0( m r T N N d) 0 900.0( Y U 88.2( E 1 : 988.2( .@ U S m E 163.2( R .r r Q Page: 51 Packet Pg. 75 vchlist 09/22/2016 10:10:25AM Bank code : usbank Voucher Date Vendor 222008 9/22/2016 075635 WCP SOLUTIONS 222009 9/22/2016 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 9.8% Sales Tax 001.000.66.518.30.31.00 9734780 FAC MAINT - CLEANING SUPPLIES Fac Maint - Cleaning Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 9736760 FAC MAINT - CLEANING SUPPLIES Fac Maint - Cleaning Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 9739120 FAC MAINT - LINERS, TOWELS, VA( Fac Maint - Liners, Towels, Vac Bags, 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 9739121 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 9739121 CR FAC MAINT - RETURNS Fac Maint - Returns 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 Total: 7117 COUNCIL OFFICE FURNITURE Used 36X72 Racetrack Conference F 001.000.11.511.60.35.00 Used Performance chairs for Council 001.000.11.511.60.35.00 9.8% Sales Tax 4.4.a Page: 52 c ca lid U a� Amoun }; 0 a am 15.9� a� L 345.2( E. aD c 33.8: c c� 60.4( o L 5.9, a E M 1,934.4E U 0 189.5E > 0 L Q 0. 464.6z Q 45.5< 3,169.& Y E Page: 52 Packet Pg. 76 M vchlist 09/22/2016 10:10:25AM Voucher List City of Edmonds Bank code: usbank Voucher Date Vendor Invoice 222009 9/22/2016 073552 WELCO SALES LLC (Continued) 7141 7160 107 Vouchers for bank code : usbank 107 Vouchers in this report PO # Description/Account 4.4.a Page: 53 c ca lid U a� _ Amoun }; 0 0- 001.000.11.511.60.35.00 33.3, m CITY CLERK REGULAR ENVELOPE CITY CLERK 2500- #10 REGULAR E L 001.000.25.514.30.31.00 225.2E 9.8% Sales Tax }' 4 001.000.25.514.30.31.00 22.01 COPY PAPER FOR CITY CLERKS O 4-CASES OF X-9000 COPY PAPER 001.000.25.514.30.31.00 137.3( M 9.8% Sales Tax o 001.000.25.514.30.31.00 13.4( j, Tota Bank tota Total voucher 771.4E a 1,350,234.9( .� U s : 1,350,234.9( o Page: 53 Packet Pg. 77 c� 0 L Q Q r r C d E t V R r Q 4.4.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project 41 Funding Project Title Number Number a� E A STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE to STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC 3 SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA c STR 2014 Chip Seals c451 E4CB rn m STM 2014 Drainage Improvements c433 E41FA v STM 2014 Lake Ballinger Associated Projects c436 E4FD rn STR 2014 Overlay Program c438 E4CA Q m WTR 2014 Waterline Overlays c452 E4CC STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC r L STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA r STR 2015 Overlay Program c463 E5CA c SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB o L WTR 2015 Waterline Overlays c475 E5CB 0. WTR 2015 Waterline Replacement Program c440 E4J13 STR 2016 Overlay Program i008 E6CA v SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA o SWR 2016 Sewerline Overlays i010 E6CC WTR 2016 Water Comp Plan Update c460 E4JC Q WTR 2016 Waterline Overlays i009 E6CB Q WTR 2016 Waterline Replacement Projects c468 E5JA LO SWR 2017 Sanitary Sewer Replacement Project i013 E6GA 'n WTR 2017 Waterline Replacement Projects i014 E6J13 STR 220th Street Overlay Project c462 E4CD N STM 224th & 98th Drainage Improvements c486 E6FB c WTR 224th Waterline Relocation (2013) c418 E3J13 STR 228th St. SW Corridor Improvements i005 E7AC E STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD Z STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB .F d STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA y N STM 3rd Ave Rain Gardens i012 E6FC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA c m STR 9th Avenue Improvement Project c392 E2AB a m FAC AN Upgrades - Council Chambers c476 E5LA Li STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE a� STR ADA Transition Plan s016 E6DB E t STR Bikelink Project c474 E5DA U PRK City Spray Park c417 E4MA Q SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB Revised 9/21/2016 Packet Pg. 78 PROJECT NUMBERS (By Project Title) 4.4.b Funding Project Title Protect Engineering Accounting Project Number Number SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB Revised 9/21/2016 Packet Pg. 79 4.4.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STM Dayton Street & SR104 Storm Drainage Alternatives c374 ElFM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC General Edmonds Waterfront Access Analysis c478 E5DB FAC ESCO III Project c419 E3LB WTR Five Corners Reservoir Re -coating c473 E5KA STIR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA STIR Hwy 99 Enhancements (Phase III) c405 E2AD SWR Lake Ballinger Trunk Sewer Study sol l E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E4LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STIR SR104 Corridor Transportation Study c427 E3AB STIR SR104/City Park Mid -Block Crossing c454 E4DB STIR SR99 Safety Improvements (224th to 216th) s014 E6AA UTILITIES Standard Details Updates solo E5NA STM Storm Drainage Improvements - 88th & 194th c429 E3FG STIR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/l06th Ave W Storm Improvements c430 E3FH STIR Trackside Warning System c470 E5AA STIR Train Trench - Concept c453 E4DA STIR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STM Video Assessment of Stormwater Lines c459 E4FF WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 9/21/2016 Packet Pg. 80 4.4.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR 368 ve W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements STM yton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STR ransportation Plan Updat STR E2AB c392 9th Avenue Improvement Project STR E2AD NE1Wy 99 Enhancements (Phase STM E2FA c378 North Talbot Road Drainage Improvements STM SW Edmonds Basin #3-238th St. SW t an Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study SWR 0 2013 Sanitary Sewer Pipe Rehabilitation STR E3AB c427 SR104 Corridor Transportation Study STR 238th St. SW Walkway (100th Ave to 104th Ave) _ STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3 c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Pr ' WTR E3J13 c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Proje STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing STM E4FA c433 2014 Drainage Improvements STM c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration NET c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station `STM Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project NLWR Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study Revised 9/21/2016 Packet Pg. 81 4.4.b PROJECT NUMBERS (By Engineering Number) Engineering Project Proiect Accounting Funding Number Number Project Title WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR E4JB c440 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update FAC E4LA c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab STIR E5AA c470 Trackside Warning System STIR E5AB c471 2015 Traffic Calming STIR E5CA c463 2015 Overlay Program WTR E5CB c475 2015 Waterline Overlays SWR E5CC i007 2015 Sewerline Overlays STIR E5DA c474 Bikelink Project General E5DB c478 Edmonds Waterfront Access Analysis STM E51FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E5FD c479 Seaview Park Infiltration Facility STM E51FE c484 12th Ave & Sierra Stormwater System Improvements SWR E5GA c469 2016 Sanitary Sewer Replacement Projects SWR E5GB s011 Lake Ballinger Trunk Sewer Study WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JA c468 2016 Waterline Replacement Projects WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating FAC E5LA c476 AN Upgrades - Council Chambers UTILITIES E5NA solo Standard Details Updates STIR E6AA s014 SR99 Safety Improvements (224th to 216th) STIR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STIR E6DB s016 ADA Transition Plan STM E61FA i011 Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements STM E6FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II UTILITIES E6JA s013 Utility Rate Update WTR E6J13 i014 2017 Waterline Replacement Projects PRK E6MA c480 Veteran's Plaza STIR E7AC i005 228th St. SW Corridor Improvements STM E7FG m013 NPDES (Students Saving Salmon) PM E7MA c276 Dayton Street Plaza Revised 9/21/2016 Packet Pg. 82 4.4.b PROJECT NUMBERS (By Engineering Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title PM EBMA c282 Fourth Avenue Cultural Corridor Revised 9/21/2016 Packet Pg. 83 4.4.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor STIR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR E1 DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STM E21FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation STIR E2AA c391 Transportation Plan Update STIR E2AB c392 9th Avenue Improvement Project SWR E3GA c398 2013 Sewerline Replacement Project STIR E2AD c405 Hwy 99 Enhancements (Phase III) STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E31FE c410 Northstream Pipe Abandonment on Puget Drive PRK E4MA c417 City Spray Park WTR E3J13 c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STIR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STIR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STIR E3AB c427 SR104 Corridor Transportation Study STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements STM E41FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STIR E4CA c438 2014 Overlay Program WTR E4J13 c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E41-A c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STIR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays Revised 9/21/2016 Packet Pg. 84 4.4.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing STM E41FE c455 Dayton Street Stormwater Pump Station SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update SWR E4GC c461 Lift Station #1 Basin & Flow Study STR E4CD c462 220th Street Overlay Project STR E5CA c463 2015 Overlay Program STM E51FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects WTR E5JA c468 2016 Waterline Replacement Projects SWR E5GA c469 2016 Sanitary Sewer Replacement Projects STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) WTR E51KA c473 Five Corners Reservoir Re -coating STR E5DA c474 Bikelink Project WTR E5CB c475 2015 Waterline Overlays FAC E5LA c476 AN Upgrades - Council Chambers General E5DB c478 Edmonds Waterfront Access Analysis STM E5FD c479 Seaview Park Infiltration Facility PRK E6MA c480 Veteran's Plaza WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E51FE c484 12th Ave & Sierra Stormwater System Improvements STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STM E6FB c486 224th & 98th Drainage Improvements SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STM E61FA iol 1 Northstream Culvert Repair Under Puget Drive STM E6FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6J13 i014 2017 Waterline Replacement Projects STM E7FG m013 NPDES (Students Saving Salmon) UTILITIES E5NA solo Standard Details Updates SWR E5GB s011 Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STR E6AA s014 SR99 Safety Improvements (224th to 216th) Revised 9/21/2016 Packet Pg. 85 4.4.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title STIR E6DB s016 ADA Transition Plan Revised 9/21/2016 Packet Pg. 86 4.4.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Protect Funding Protect Title Number Number FAC A/V Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E41-A General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA PRK Veteran's Plaza c480 E6MA STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STR 2014 Chip Seals c451 E4CB STR 2014 Overlay Program c438 E4CA STR 2015 Overlay Program c463 E5CA STR 2015 Traffic Calming c471 E5AB Revised 9/21/2016 Packet Pg. 87 4.4.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Protect Fundinq Protect Title Number Number STR 2016 Overlay Program i008 E6CA STR 220th Street Overlay Project c462 E4CD STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Transition Plan s016 E6DB STR Bikelink Project c474 E5DA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Hwy 99 Enhancements (Phase III) c405 E2AD STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid -Block Crossing c454 E4DB STR SR99 Safety Improvements (224th to 216th) s014 E6AA STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA SWR 2013 Sanitary Sewer Pipe Rehablitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays iolo E6CC SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study sol l E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays io09 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA WTR 2017 Waterline Replacement Projects i014 E6JB WTR 224th Waterline Relocation (2013) c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5JB WTR Five Corners Reservoir Re -coating c473 E5KA Revised 9/21/2016 Packet Pg. 88 4.4.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 9/21/2016 Packet Pg. 89 Payroll Earnings Summary Report City of Edmonds Pay Period: 783 (09/01/2016 to 09/15/2016) Hour Type Hour Class Description Hours Amount -ed2 REGULAR HOURS Educational Pay Correction 0.00 -156.28 111 ABSENT NO PAY LEAVE 122.00 0.00 118 ABSENT UNPAID L & 1 41.00 0.00 120 SICK SICK LEAVE - L & 1 36.00 983.94 121 SICK SICK LEAVE 448.34 15,120.38 122 VACATION VACATION 1,592.47 61,124.63 123 HOLIDAY HOLIDAY HOURS 78.00 2,807.89 124 HOLIDAY FLOATER HOLIDAY 25.00 739.41 125 COMP HOURS COMPENSATORY TIME 223.03 8,576.41 129 SICK Police Sick Leave L & 1 199.50 7,402.99 130 COMP HOURS Holiday Compensation Used 20.50 688.48 131 MILITARY MILITARY LEAVE 32.00 1,195.25 141 BEREAVEMENT BEREAVEMENT 16.00 617.55 150 REGULAR HOURS Kelly Day Used 155.00 5,952.66 152 COMP HOURS COMPTIME BUY BACK 1.00 41.40 155 COMP HOURS COMPTIME AUTO PAY 72.16 3,239.19 157 SICK SICK LEAVE PAYOFF 15.00 621.00 158 VACATION VACATION PAYOFF 15.33 634.66 160 VACATION MANAGEMENT LEAVE 3.00 189.89 190 REGULAR HOURS REGULAR HOURS 15,005.84 536,984.81 205 OVERTIME HOURS OVERTIME .5 46.50 769.47 210 OVERTIME HOURS OVERTIME -STRAIGHT 137.63 5,861.03 215 OVERTIME HOURS WATER WATCH STANDBY 60.00 2,862.26 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,360.53 220 OVERTIME HOURS OVERTIME 1.5 244.00 14,474.90 225 OVERTIME HOURS OVERTIME -DOUBLE 12.75 650.05 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 342.59 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 881.15 600 RETROACTIVE PAY RETROACTIVE PAY 436.50 4,826.72 601 COMP HOURS ACCRUED COMP .5 13.00 0.00 602 COMP HOURS ACCRUED COMP 46.50 0.00 603 COMP HOURS Holiday Comp 1.0 27.00 0.00 604 COMP HOURS ACCRUED COMP TIME 106.75 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 24.95 09/22/2016 Packet Pg. 90 Payroll Earnings Summary Report City of Edmonds Pay Period: 783 (09/01/2016 to 09/15/2016) Hour Type Hour Class Description Hours Amount acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 143.91 boc MISCELLANEOUS BOC II Certification 0.00 84.53 colre MISCELLANEOUS Collision Reconstructionist 0.00 107.89 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 147.28 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 622.35 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 75.00 det MISCELLANEOUS DETECTIVE PAY 0.00 102.75 det4 MISCELLANEOUS Detective 4% 0.00 989.84 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 731.26 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 891.06 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 5,117.28 fmla ABSENT FAMILY MEDICAL/NON PAID 77.00 0.00 hol HOLIDAY HOLIDAY 1,247.80 44,283.84 k9 MISCELLANEOUS K-9 PAY 0.00 102.75 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 888.29 Ig10 LONGEVITY LONGEVITY 5.5% 0.00 396.36 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 737.53 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 997.22 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 5,661.69 Iq4 LONGEVITY Lonqevity 1 % 0.00 240.75 Iq6 LONGEVITY Lonqevity .5% 0.00 275.57 Iq7 LONGEVITY Lonqevity 1.5% 0.00 931.11 Iq9 LONGEVITY Lonqevity 3.5% 0.00 82.46 mels SICK Medical Leave Sick 91.00 3,547.32 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 200.57 pds MISCELLANEOUS Public Disclosure Specialist 0.00 47.12 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,923.49 prof MISCELLANEOUS PROFESSIONAL STANDARDS SER 0.00 157.56 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 514.51 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 157.56 slw SICK SICK LEAVE ADD BACK 34.77 0.00 str MISCELLANEOUS STREET CRIMES 0.00 418.92 traf MISCELLANEOUS TRAFFIC 0.00 323.67 09/22/2016 Packet Pg. 91 Payroll Earnings Summary Report City of Edmonds Pay Period: 783 (09/01/2016 to 09/15/2016) Hour Type Hour Class Description Hours 20,697.37 Total Net Pay: Amount $749,719.35 $499,534.00 4.4.c 09/22/2016 Packet Pg. 92 Hour Type Hour Class 190 REGULAR HOURS Payroll Earnings Summary Report City of Edmonds Pay Period: 843 (09/01/2016 to 09/15/2016) Description REGULAR HOURS Hours Amount 80.00 2,480.00 80.00 $2,480.00 Total Net Pay: $2,091.86 4.4.d 09/22/2016 Packet Pg. 93 4.4.e Benefit Checks Summary Report City of Edmonds Pay Period: 783 - 09/01/2016 to 09/15/2016 Bank: usbank - US Bank Check # Date Payee # Name Check Amt 62331 09/20/2016 chap1 CHAPTER 13 TRUSTEE 50.00 62332 09/20/2016 epoa2 EPOA-POLICE 2,925.00 62333 09/20/2016 epoa3 EPOA-POLICE SUPPORT 388.00 62334 09/20/2016 flex NAVIA BENEFIT SOLUTIONS 789.99 62335 09/20/2016 teams TEAMSTERS LOCAL 763 5,061.90 62336 09/20/2016 icma VANTAGE TRANSFER AGENTS 304884 1,449.81 10,664.70 Bank: wire - US BANK Check # Date Payee # Name Check Amt 2446 09/20/2016 awc AWC 322,362.75 2449 09/20/2016 wadc WASHINGTON STATE TREASURER 19,755.50 2450 09/20/2016 us US BANK 104,293.16 2451 09/20/2016 mebt WTRISC FBO #N3177131 92,101.99 2454 09/20/2016 pb NATIONWIDE RETIREMENT SOLUTION 5,715.92 2455 09/20/2016 flex NAVIA BENEFIT SOLUTIONS 158.00 2456 09/20/2016 oe OFFICE OF SUPPORT ENFORCEMENT 647.50 545,034.82 Grand Totals: 555,699.52 9/22/2016 U) U a� U .y O Direct Deposit Q- m 0.00 0.00 m L 0.00 0.00 4- 0.00 m 0.00 c 0.00 f° 0 L Direct Deposit 0.00 0.00 - 0 0.00 f° 0.00 0 0.00 0. Q. 0.00 Q 0.00 ,n LO 0.00 m 0.00 r c N CD O N r d C N O L r E L U a Packet Pg. 94 5.1 City Council Agenda Item Meeting Date: 09/27/2016 Leadership Day Proclamation (5 min.) Staff Lead: Dave Earling Department: Mayor's Office Preparer: Carolyn LaFave Background/History Staff Recommendation Narrative 2016 marks the first Leadership Day celebration in Snohomish County. The day will recognize the work of Leadership Snohomish County and the many businesses and organizations that contribute to their success and the success of the community. The day will also recognize the many individuals who have participated in the program over the past 18 years and the leadership roles they play in Snohomish County. Attachments: Leaders hip_Day_2016 Packet Pg. 95 lirarfamuflan O City of Edmonds S Office of the Mayor Leadership Day October 14, 2016 WHEREAS: Leadership Snohomish County is recognized as the local organization specializing in developing leaders for a lifetime, making Snohomish County vibrant and providing education and opportunities for the past 18 years to strengthen our community; and WHEREAS: more than 100 employers in all sectors have participated in Leadership Snohomish County; and WHEREAS: in 2016, more than 500 Snohomish County professionals will have graduated from Leadership Snohomish County programs; and WHEREAS: Leadership Snohomish County intends to use Leadership Day to unite and recognize the role of leadership in our County, and encourage community celebrations on this day; and WHEREAS: Leadership Snohomish County will undertake the recognition of the many contributions from our community leaders across Snohomish County as part of this day, as well as coordinate a leadership service opportunity; NOW, THEREFORE, I, David 0. Earling, Mayor, do hereby proclaim October 14, 2016 as Leadership Day in the City of Edmonds, Washington, and join in recognizing the many contributions Leadership Snohomish County has made. �S David 0. Earling, Mayor September 27, 2016 Packet Pg. 96 7.1 City Council Agenda Item Meeting Date: 09/27/2016 Refunding 2007 Limited Tax General Obligation Bonds (10 min.) Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History On July 27, 2016, staff solicited Council direction in regards to refunding our 2007 Limited Tax General Obligation Bonds (LTGO). Staff presented the option of refunding the bonds via a new bond issue or with a bank loan. Of these two options, staff recommended and Council concurred that we pursue the bank loan option. Subsequent to the July 271" Council meeting, staff solicited bank loan offers through an RFP process. The City received three responses, which are attached. Additional Information/Background on the 2007 LTGO Bond: In 2007, the City issued $5,230,000 of LTGO bonds to finance general City purposes to provide funds with which to (a) repay and redeem the City's Water and Sewer Revenue Bond Anticipation Note, 2005 and its Limited Tax General Obligation Bond Anticipation Note, 2006; (b) pay or reimburse the City for HVAC improvements to City facilities; (c) pay or reimburse the City for the Anderson Center seismic project; (d) pay or reimburse the City for energy conservation measures; (e) pay or reimburse the City for utility improvements. The 2007 Bonds are callable any time after December 1, 2016, and the City has the ability to refinance these bonds, saving the City taxpayers approximately $335,000. The par amount of the 2007 Bonds that can be refunded totals $3,120,000. Staff Recommendation Of the three bank responses, staff is recommending we select JP Morgan Chase, who offered the lowest loan rate, to refund the 2007 LTGO Bond. Additionally, JP Morgan Chase offered three prepayment options to refund the bond: Option A: 1.64% Non -Callable Tax -Exempt Fixed Rate Option B: 1.72% Callable after 5 years Tax -Exempt Fixed Rate Option C: 1.67% Callable after 7 years Tax -Exempt Fixed Rate Staff is recommending we use Option C as this option provides the City with the option to call the bonds in year seven, yet still take advantage of a very favorable loan rate. Narrative Council Motion: Approve the 2007 Limited Tax General Obligation Bond Refunding Ordinance No. XXXX. Packet Pg. 97 7.1 Attachments: JP Morgan Proposal Heritage Bank Proposal Washington Federal Proposal City of Edmonds LTGO Bond Ordinance Packet Pg. 98 ADDENDUM TO TERM SHEET 7.1.a This Addendum is attached to and hereby incorporated by reference into that certain Term Sheet ("Term Sheet") dated September 15, 2016, from JPMorgan Chase Bank, NA ("Bank") to the City of Edmonds. Washington (the "City"), regarding the City's $3,170,000 Limited Tax General Obligation Refunding Bond, Series 2016 (the "Bond" ). This Addendum shall supplement said Term Sheet as indicated below. FORM OF BOND: Bank will require a single Bond in the full principal amount of the issuance with installment payments as indicated on the Term Sheet. Bank intends to hold the Bond for its own account until final maturity, without reoffering for sale. Bank will not require DTC registration. INTEREST RATE_ The Bond would accrue interest at a fixed rate per annum as set forth below. The following fixed interest rate is fixed through September 16, 2016, 5:00 pm Pacific and thereafter is indicative and subject to change daily until the Addendum to Term Sheet is executed between the City and the Bank: Option A: 1.64% Non -Callable Tax -Exempt Fixed Rate Option B: 1.72% Callable Tax -Exempt Fixed Rate Option C. 1.67% Callable Tax -Exempt Fixed Rate The interest rate on the Bond is determined to approximate a particular percentage yield to Bank and assumes that the Bond is Bank qualified ohligations under the Code. DEFAULT INTEREST RATE: For all Interest Rate Options, at the election of the Bank, the interest rate will increase while the Event of Default is continuing by 150 basis points (1.50%). "Event of Default" means the declaration by the Bank of an event of default as a result of a determination by the Bank that there has been: (i) a failure to pay principal or interest on the Bond when due, as provided in the Bond; or (ii) a failure by the City to comply with any of its obligations, or to perform any of its duties, under the Bond, which failure continues, and is not cured, for a period of more than 60 days after the Bank has made written demand on the City to cure such failure; or, (iii) a material misrepresentation to the Bank by the City in the entering into of the Bond, as reasonably concluded by the Bank after investigation and discussion with the City. REDEMPTION PROVISIONS: Option A: The Bond will NOT be subject to optional redemption. Option B: The Bond will be subject to optional prepayment, in whole or in part, on any date on or after December 1, 2021 at a prepayment price equal to 100% of the principal amount prepaid plus accrued interest to the date fixed for prepayment. Option C: The Bond will be subject to optional prepayment, in whole or in part, on any date on or after December 1, 2023 Packet Pg. 99 7.1.a at a prepayment price equal to 100% of the principal amount prepaid plus accrued interest to the date fixed for prepayment. SECURITY: The Bond will be a limited tax general obligation of the City. The City will irrevocably pledge that for as long as the Bond is outstanding, it will include in its annual budget and levy ad valorem taxes annually, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, upon all taxable property within the City in amounts sufficient, together with other money of the City legally available and to be used therefor, to pay when due the principal of and interest on the Bond. The full faith, credit and resources of the City will be pledged irrevocably for the annual levy and collection of such taxes and the prompt payment of such principal and interest on the 2016 Bond. The 2016 Bond does not constitute a debt or indebtedness of the State or any political subdivision thereof other than the City. INDEPENDENT BANK COUNSEL FEE: $4000 to be paid by the City at closing, as a cost of issuance. If the Issuer elects not to close the sale of the Bond notwithstanding the Bank's willingness to purchase, the Issuer will nonetheless be responsible for payment of the fees of Bank's counsel. LEGAL OPINION: The City's bond counsel will deliver a legal opinion as to (i) validity and enforceability of the Bond under state law, (ii) exemption of interest on the Bond from Federal income tax. and (iii) designation of the Bond as "qualified tax-exempt obligations" under Section 265(b) of the Internal Revenue Code of 1986, as amended. Bond counsel approving opinion must be addressed to Bank or permit reliance by Bank. PAYING AGENTIREGISTRAR: Bank will not serve as Paying Agent or Registrar for the Bond. DOCUMENTATION: Documentation shall be prepared by City's bond counsel, at City's expense. This Addendum to Term Sheet is subject to approval of the documentation by the Bank and its separate Bank counsel in the Bank's reasonable discretion, including but not limited to the form of Bond. The Bank will make a loan by entering into of the Bond under the following additional conditions: (i) the Bond is not being registered under the Securities Act of 1933 and is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state: (6) the Bank will hold the Bond as one single debt instrument; (iii) no CUSIP numbers will be obtained for the Bond. (iv) no official statement has been or will be prepared in connection with the private placement of the Bond; (v) the Bond will not Packet Pg. 100 7.1.a close through the DTC or any similar repository and will not be in book entry form; and (vi) the Bond is not listed on any stock or other securities exchange PURCHASER'S RECEIPT: The Bank is agreeable to execute a purchaser's receipt and certification in the form attached. This form has been used before in the State of Washington with the same bond counsel and reflects the lending nature of the transaction. TAXABILITY: This Addendum assumes that the Bond will be issued as bank qualified, tax-exempt obligations. FINANCIAL REPORTING: While the Bond is Outstanding, the Issuer shall provide the Bank (i) within 180 days after the end of each fiscal year; a copy of the unaudited financial statements of the City for that fiscal year. prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to governmental units of the State such as the City, as such principles may be changed from time to time. (ii) annual audited financial statements within 30 days of receipt, prepared in accordance with generally accepted accounting principles applicable to local governmental units of the State such as the Issuer, as such principles may be changed from time to time; (iii) promptly after adoption by the City, the budget of the Issuer for each fiscal year; and (iv) such other financial information of the City as the Bank may from time to time reasonably request. MATERIAL CHANGE: Any change (whether material or not) in the amount to be financed or a material change in the financial condition or prospects of the Issuer may constitute a re -pricing event and Bank may, at its option and in its sole discretion, terminate this Term Sheet and/or the Interest Rate may be adjusted. MUNICIPAL DISCLOSURE: The City acknowledges and agrees that (i) the transaction contemplated herein is an arm's length commercial transaction between the City and the Bank and its affiliates, (ii) in connection with such transaction, the Bank and its affiliates are acting solely as a principal and not as an advisor including, without limitation, a "Municipal Advisor" as such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended, and the related final rules (the "Municipal Advisor Rules'*), agent or a fiduciary of the City, (iii) the Bank and its affiliates are relying on the Bank exemption in the Municipal Advisor Rules, (iv) the Bank and its affiliates have not provided any advice or assumed any advisory or fiduciary responsibility in favor of the City with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (whether or not the Bank, or any affiliate of the Bank, has Packet Pg. 101 7.1.a provided other services or advised, or is currently providing other services or advising the City on other matters), (v) the Batik and its affiliates have financial and other interests that differ from those of the City. and (vi) the City has consulted with its orvn financial, legal, accounting, tax and other advisors, as applicable. to the extent it deemed appropriate. MISCELLANEOUS: Closing will occur upon receipt of all docwnentation required by Bank, in form and substance acceptable to Bank and its independent counsel. If not accepted/awarded by September 16, 2016 at 5.00 PM Pacific and/or the expected closing date does not occur by October 11, 2016, the Bank reserves the right to re -price or terminate the Bid. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN THE EVENT ANY MATERIAL CHANGE SHALT. OCCUR IN THE FINANCIAL MARKETS AFTER THE DATE OF THIS TERM SHEET, BUT BEFORE CLOSING, INCLUDING BUT NOT LIMITED TO ANY GOVERNMENTAL ACTION OR OTHER EVENT WHICH MATERIALLY ADVERSELY AFFECTS THE EXTENSION OF CREDIT BY BANKS, LEASING COMPANIES OR OTHER LENDING INSTITUTIONS, THE BANK MAY MODIFY THE INDICATIVE PRICING DESCRIBED ABOVE. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. We appreciate your interest in us and look forward to your favorable response. Should you have any questions regarding this Term Sheet, please contact me at (503) 231-3038 or via email at bruce.d.iaeger@chase.com. Sincerely, JPMorgan Chase Bank, NA i VU Bruce Jaeger ' `� 6A Vice President VIFr3 ACCEPTED BY: City of Edmonds, Washington Option: Option C By: Name: David O. Earling Title: Mayor Date: September 16, 2016 Packet Pg. 102 7.1.a [RS Circular 230 Disclosure: Bank and its affiliates (collectively. "Chase") do not provide tax advice. Accordingly. any discussion of U.S, tax matters contained herein (including any attachments) is not intended or written to be used. and cannot he used. in connection ►i ith the promotion. marketing or recommendation by anyone unaffiliated with Chase of any of the matters addressed herein or for the purpose ofavoiding U.S. tax -related penalties. Packet Pg. 103 it a . a :A September 15, 2016 City of Edmonds 121 5" Ave N Edmonds, WA 98020 Re: Letter of Interest for Limited Tax General Obligation Refunding Bond, 2016. To Whom It May Concern: Thank you for considering Heritage Bank ("Bank") for the proposed project using bond financing. I am pleased to present this Letter of Interest for the proposed financing of the Limited Tax General Obligation Refunding Bond, 2016 ("Bond"). It is the Bank's expectation that any commitment that may be granted with respect to this project would generally be on the terms and conditions outlined as follows: Issuer: City of Edmonds located in Snohomish County, Washington (the `City') Use of Funds: Proceeds of the Bond will be used to current refund a portion of the City's outstanding Limited Tax General Obligation Bonds, 2007 and to pay costs of issuance for the Bond. Prannsed Financing Bond: $3,170,000 Approximate Principal Amount — final amount may vary and is subject to change depending on costs associated with the issuance of the Bond. Tax Status: Interest payments on the Bond will be excludable from federal income taxation. Interest payments will not be treated as a preference item in calculating the federal alternative minimum tax imposed on individuals and corporations. Bank Qualification: The Bond will be designated by the City as a "qualified tax-exempt bond" for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended. Term: Final maturity of 12/1/26. Payment Schedule: Interest payments will be due semiannually on June 1 and December 1, beginning December 1, 2016. Principal payments will be due annually on December 1, beginning December 1, 2017 through and including December 1, 2026 (See `Exhibit A' for principal payment schedule). Interest Rate: If the Bond is purchased by October 11, 2016, the interest rate will be 2.03%. The rate will be fixed for the full term of the Bond. Interest Basis: Interest will be calculated on a 30/360 basis. 800.455.6126 1 www.HeritageBankNW.com I Member FDIC Packet Pg. 104 7.1.b Heritage BANK Bank Fees: Total bank fees limited to a legal review fee not to exceed $3,500. Collateral/Security: The Bond will be a limited tax general obligation of the City. The City will irrevocably covenant and agree in the Bond Ordinance that for as long as the Bond is outstanding, it will include in its annual budget and levy ad valorem taxes annually, within the constitutional and statutory limitations provided by law without a vote of the electors of the City, upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bond as the same becomes due. The full faith, credit and resources of the City will be pledged irrevocably for the annual levy and collection of such taxes and for the nromot _navy ment of such principal and interest. The Bond will not constitute a debt or indebtedness of the State of Washington, or any political subdivision thereof other than the City. Call Feature: The Bond can be called in whole after 12/01/2021, at par value or other terms to be negotiated upon bid acceptance. Default: At the election of the Bank, the interest rate will increase while the Event of Default is continuing by 300 basis points (3.00%). "Event of Default" means the declaration by the Bank of an event of default as a result of a determination by the Bank that there has been: (i) a failure to pay principal or interest on the Bond when due, as provided in the Bond and resolution authorizing the issuance of the Bond (the "Resolution"); or (ii) a failure by the City to comply with any of its obligations, or to perform any of its duties, under the Resolution, any Bond Purchase Agreement or the Bond, which failure continues, and is not cured, for a period of more than 60 days after the Bank has made written demand on the City to cure such failure; or, (iii) a material misrepresentation to the Bank by the City in the purchase of the Bond, as reasonably concluded by the Bank after investigation and discussion with the City. Reporting: If not publicly available, the Annual Financial Report will be due 270 days after the City's fiscal year end (December 31), commencing with the report for the 2016 fiscal year. Other: The Bank will make a loan by purchasing the Bond under the following additional conditions: (i) the Bond is not being registered under the Securities Act of 1933 and is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state; (ii) the Bank will hold the Bond as one single debt instrument; (iii) no CUSIP numbers will be obtained for the Bond; (iv) no final official Statement has been prepared in connection with the private placement of the Bond; (v) the Bond will not close through the DTC or any similar repository and will not be in book entry form; and (vi) the Bond is not listed on any stock or other securities exchange. Purchaser's Receipt: The Bank is agreeable to execute a purchaser's receipt and certification in the form attached (`Exhibit B'). This form was used with the Lakewood Water District with the same bond counsel and reflects the lending nature of the transaction. 800,455.61261 www.HeritageBankNW.com I Member FDIC Packet Pg. 105 7.1.b Heritage BANK Conditions Precedent to a Formal Commitment will include, but shall not be limited to: Review and approval of the Bond, the Resolution, and the closing documents relating to the Bond, including the validity and tax opinions of bond counsel, by Bank and its legal counsel. Please be advised the information contained in this letter of interest is provided to you with general terms proposed to support the bonds and may be changed without notice. If you have any questions, or if we can be of any assistance to you, please do not hesitate to call. I look forward to hearing from you and for the opportunity to assist you with your financing. Sincerely, Rod Cann SVP & Commercial Team Leader Heritage Bank THIS TERM -SHEET IS NOT A COMMITMENT TO LEND MONEY ON OUR PART AND SHOULD NOT BE CONSTRUED AS SUCH. THE INFORMATION CONTAINED HEREIN IS FOR DISCUSSION PURPOSES ONLY AND IS SUBJECT TO FINAL CREDIT APPROVAL AND TO CHANGE BASED UPON FURTHER ANALYSIS. THE INDICATED TERMS AND CONDITIONS ARE NOT ALL INCLUSIVE. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN THE EVENT ANY MATERIAL CHANGE SHALL OCCUR IN THE FINANCIAL MARKETS AFTER THE DATE OF THIS TERM SHEET, BUT BEFORE CLOSING, INCLUDING BUT NOT LIMITED TO ANY GOVERNMENTAL ACTION OR OTHER EVENT WHICH MATERIALLY ADVERSELY AFFECTS THE EXTENSION OF CREDIT BY BANKS, LEASING COMPANIES OR OTHER LENDING INSTITUTIONS, THE BANK MAY MODIFY THE INDICATIVE PRICING DESCRIBED ABOVE. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 800.455.6126 1 www.HeritageBankNW.com I Member FDIC Packet Pg. 106 Exhibit `A' PRINCIPAL PAYMENT SCHEDULE Period lndin Amount 12/1/16 $ 12/1/17 $ 290,000.00 12/1/18 $ 295,000.00 12/1/19 $ 300,000.00 12/1/20 $ 310,000.00 12/1/21 $ 315,000.00 12/1/22 $ 320,000.00 12/1/23 $ 325,000.00 12/1/24 $ 330,000.00 12/1/25 $ 340,000.00 12/1/26 $ 345,000.00 Total $ 3,170,000.00 *Final amount may vary and is subject to change depending on costs associated with the issuance of the Bond. 800.455.6126 1 www.HeritageBankNW.com I Member FDIC Packet Pg. 107 Exhibit `B' 7.1.b Heritage BANK PURCHASER REPRESENTATION LETTER AND RECEIPT I am a duly authorized representative of Heritage Bank (the "Purchaser") and with regard to the <<BondDescription>> (the "Bond") of <<Issuer>> (the "Borrower") do hereby represent to you as follows: 1. The Purchaser has full power and authority to carry on its business as now conducted, deliver this Representation Letter and make the representations and certifications contained herein. 2. The Purchaser: (a) is a lender that regularly extends credit by purchasing loans in the form of state and local government obligations such as the Bond; (b) has knowledge and experience in financial and business matters that make it capable of evaluating the Borrower, the Bond and the risks associated with the purchase of the Bond; (c) has the ability to bear the economic risk of extending the credit evidenced by the Bond; and (d) is engaged in the business of extending credit and making loans to state and local governments and non-profit entities and has total assets in excess of $100 million. The Purchaser is not acting as a broker, dealer, municipal securities underwriter, municipal advisor or fiduciary in connection with its purchase of the Bond. 3. The Purchaser has conducted its own investigation of the financial condition of the Borrower, the purpose for which the Bond is being executed and delivered and of the security for the payment of the principal of and interest on the Bond, and has obtained such information regarding the Bond and the Borrower and its operations, financial condition and financial prospects as the Purchaser deems necessary to make an informed credit decision with respect to the purchase of the Bond. 4. The Purchaser is purchasing the Bond as a vehicle for making a commercial loan for its own loan account and without any present intention of distributing or selling any interest therein or portion thereof; provided that the Purchaser retains the right at any time to sell, transfer or assign the Bond or any interest therein or portion thereof, but agrees that any such sale, transfer or assignment by the Purchaser shall be made in accordance with applicable law and the transfer restrictions contained the Bond and related documents. 5. The Purchaser acknowledges that: (a) the Bond has not been registered under the Securities Act of 1933, as amended; (b) the Bond has not been registered or otherwise qualified for sale under the securities laws of any state, (c) the Bond will not be listed on any securities exchange and there is no established market for the Bond and that none is likely to develop; (d) the purchase and sale of the Bond is not intended to be subject to the requirements of Rule 15c2- 12 promulgated under the Securities Exchange Act of 1934, as amended; and (e) the Borrower has not prepared or caused to be prepared, any official statement, private placement memorandum or other offering document. 800,455.61261 www.HeritageBankNW.com I Member FDIC Packet Pg. 108 Heritage BAVIC 6. The Purchaser is acting solely for its own loan account and not as a fiduciary for the Borrower or in the capacity of broker, dealer, placenlent agent, Illunicipal securities Underwriter, municipal advisor, or fiduciary. The Purchaser has not provided, and will not provide, financial, legal (including securities law), tax, accounting, or other advice to or on behalf of the Borrower (including to the financial advisor engaged by the Borrower) with respect to the structuring, issuance, sale, or delivery of the Bond. The Purchaser has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the Borrower with respect to the transactions relating to the structuring, issuance, sale, or delivery of the Bond and the discussions, undertakings, and procedures leading thereto. The Purchaser acknowledges receipt this day of the Bond. The Bond is authorized pursuant to Ordinance No. of the Borrower (the "Bond Ordinance"). The Purchaser is receiving a fee of $ for the Bond. The Purchaser expresses no view regarding the legal sufficiency of its representations for purposes of compliance with any legal requirements applicable to any other party, including but not limited to the Borrower's financial advisor, or the correctness of any legal interpretation made by counsel to any other party with respect to any such matters. The transactions between the Borrower and the Purchaser are arm's length, commercial transactions in which the Purchaser is acting and has acted solely as a principal and for its own interest, and the Purchaser has not made recommendations to the Borrower with respect to the transactions relating to the Bond. Dated: «ClosingDate» HERITAGE BANK Name: Title: 800.455.6126 1 www.HeritageBankNW.com I Member FDIC Packet Pg. 109 7.1.c Washington Federal. 425 Pike Street Seattle, WA 98101 Pete Sullivan Vice President 206-626-8111 pete.sulllvan@wafd.com September 15, 2016 Scott James Finance Director City of Edmonds 121 5th Ave North Edmonds, WA 98020 Sent via email to: scott.james@edmondswa.gov scott@nwmunicipaladvisors.com Regarding: $3,170,000 Term Loan, Tax Exempt Dear Mr. James: We enclose a summary of terms and conditions outlining the proposed terms under which Washington Federal may extend credit to the City of Edmonds. Please note that this is not a commitment to lend. Washington Federal appreciates the opportunity to provide our financing proposal. Please call Pete Sullivan at 206-626-8111 to discuss any questions or comments you may have regarding our proposal. We look forward to working with you. Sincerely, Pete Sullivan Vice President Packet Pg. 110 City of Edmonds Financing Proposal Parties to the Transaction: BORROWER: City of Edmonds (the "Borrower") LENDER: Washington Federal N.A. (the "Bank") The Facility: FACILITY. Term Loan (the "Credit Facility") FACILITY AMOUNT: $ 3,170, 000 Wasbhigton Federal. invested here. CLOSING DATE: October 11, 2016 (estimated) USE OF PROCEEDS: The proceeds of the Credit Facility will be used to refund a portion of the Borrower's outstanding 2007 LTGO bonds and to pay costs of issuance for the Credit Facility. REPAYMENT/MATURITY: Interest on the Credit Facility shall be paid semi-annually on each June 1 and December 1, beginning June 1, 2017. Principal on the Credit Facility shall be repaid annually each year on December 1, beginning December 1, 2017. A principal repayment schedule can be designed to meet the Borrower's needs and must be mutually agreed upon by Borrower and Bank. The Credit Facility will mature and all unpaid principal and interest will be due and payable at maturity on December 1, 2026. PREPAYMENT: The Borrower may prepay the Credit Facility at any time prior to its final maturity with a prepayment fee. The prepayment fee shall be in an amount sufficient to compensate the Bank for any loss incurred by it as a result of the prepayment, including any loss arising from the liquidation or reemployment of funds obtained by it to maintain the funds used to purchase the Credit Facility. INTEREST CALCULATION: All calculations of interest shall be made on a 30 day month and a 360 day year. Packet Pg. 111 7.1.c SECURITY. For as long as the Credit Facility is outstanding, the Borrower will irrevocably pledged to levy taxes annually in an amount sufficient, together with other money legally available and to be used to pay when due the principal of and interest on the Credit Facility. The full faith, credit and resources of the Borrower will be pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of principal and interest of the Credit Facility. The lien of the Credit Facility is equal to the lien securing the Outstanding Parity Bonds and any Future Parity Bonds and superior to all other charges of any kind. Fees and Expenses: ORIGINATION FEE: $2,500 BANK COUNSEL: Hillis, Clark, Martin & Peterson - $5,000 fee estimate (payable at closing) Rates: INTEREST RATE: These are firm rates as of submission date and can be held firm until closing, up to and including October 31, 2016. $3,170,000, Tax -Exempt --- 2.27% • A call provision can be added for a 25bps premium. Rates quoted are for the City of Edmonds, a Tax Exempt entity. Description of Basic Terms and Conditions COVENANTS: Usual and customary for transactions of this type. DOCUMENTATION: Documentation will be usual and customary for transactions of this type, including: (a) A copy of the Resolution passed by the Council/Board authorizing the issuance of the Credit Facility; (b) A receipt of the original signed Note or Bond at closing; (c) The resolution or financing/bond purchase agreement ("Agreement"), prepared by bond counsel and subject to approval by Bank Counsel. The Agreement will include, but is not limited to, the terms and conditions outlined herein, as well as provisions that are customary and standard with respect to conditions precedent, representations and warranties, covenants, events of default and remedies; 2 v WashingtonFederal. rmmsted hue. Packet Pg. 112 7.1.c (d) An unqualified legal opinion of nationally recognized bond counsel, in form and substance acceptable to Bank and its legal counsel that: i. The resolution and all documents related to the Credit Facility have been properly adopted, authorized and executed; ii. The resolution and all documents related to the Credit Facility constitute a legally binding obligation of the Borrower and enforceable according to their terms (subject to standard exceptions); iii. Interest on the Credit Facility is excluded from the gross income of the Bank for federal income tax purposes; and iv. The Borrower has designated the Credit Facility as either a "non bank qualified tax-exempt obligation" or "bank qualified". REPORTING REQUIREMENTS: The Borrower shall provide the following information and statements in form and content acceptable to the Bank: (a) Within 270 days after the close of each financial year of the Borrower, the complete audited financial statements of the Borrower. (b) Such other information respecting the affairs, condition and/or operations, financial or otherwise, of the Borrower as the Bank may from time to time reasonably request. EVENTS OF DEFAULT: Usual and customary in transactions of this type including, without limitation the following: (a) Nonpayment of principal, interest, fees or other amounts; (b) Failure to perform or observe covenants set forth in the loan documentation; or (c) Loss of the tax-exempt status of the Credit Facility. DEFAULT RATE: Upon the occurrence of a default, the interest rate on the Credit Facility shall increase by three percentage points (3.0%) per annum. Such default interest payable shall be subject to the statutory maximum interest rate, if any. Interest after the occurrence of a default shall be payable upon demand. REMEDIES: The Bank may, among other things, cause the Default Rate to apply to all outstanding obligations under the Credit Facility and pursue any other remedies to which it is entitled under the Bond Resolution and Agreement. 3 v WashingtonFederal. rmmsted hue. Packet Pg. 113 7.1.c Description of the Process: THE PROPOSAL: This summary of terms is not a commitment. It represents a willingness on the part of the Bank to seek approval to provide the commitment indicated herein and consummate a transaction based on the terms and conditions outlined in the proposal and is subject to: (a) Final credit approval (see "Credit Process" below), (b) Such any due diligence as Bank may require, and (c) Agreement as to all final terms and conditions and satisfactory documentation thereof (including satisfactory legal opinions). CREDIT PROCESS: The credit process will take approximately 15 business days from the point at which the Bank is officially awarded the transaction and has in its possession all materials necessary to undertake a full credit analysis Washington Federal Bank is a Seattle based, FDIC insured financial institution with total assets in excess of $14 billion. Washington Federal Bank and assigned contacts have specific experience in lending to governmental issuers. EXPIRATION: Consideration of a financing based on the terms and conditions presented in this proposal letter shall automatically expire on October 31, 2016. Contacts: BANK: Washington Federal N.A. Pete Sullivan 425 Pike Street Seattle, WA 98101 206-626-8111 pete.sullivan@wafd.com BANK COUNSEL: Hillis Clark Martin & Peterson P.S. Brandon Pond 999 Third Avenue, Suite 4600 Seattle, WA 98104 206-470-7623 brandon.pond@hcmp.com 4 WashingtonFederal. invested here. Packet Pg. 114 7.1.c Disclosure The transaction contemplated by this term sheet is an arm's length, commercial transaction between you and the Bank, in which the Bank (i) is acting solely as a principal and for its own interest; (ii) is not acting as a municipal advisor or financial advisor to you; (iii) has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto; and (iv) is not recommending that you take any action with respect to the transaction contemplated by this term sheet, and before taking any action with respect to the contemplated transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as it deems appropriate. The only obligations the Bank has to you with respect to the transaction contemplated hereby are set forth in this term sheet. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. This term sheet is provided to you pursuant to and in reliance upon the "bank exemption" provided under the municipal advisor rule of the Securities and Exchange Commission, Rule 1513a1-1 et seq. PLEASE BE ADVISED THAT ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 5 v WashingtonFederal. W immsted hue. Packet Pg. 115 7.1.d CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a limited tax general obligation refunding bond to carry out a current refunding of a portion of the City's outstanding Limited Tax General Obligation Bonds, 2007, and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City's designated representative to approve the final terms of the sale of the bond; and providing for other related matters. Passed , 2016 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 51548926.5 Packet Pg. 116 7.1.d TABLE OF CONTENTS* Page Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations.................................................................................. 3 Section3. Authorization of Bond............................................................................................ 4 Section 4. Description of the Bond; Appointment of Designated Representative ................... 4 Section 5. Bond Registrar; Registration and Transfer of Bond ............................................... 4 Section 6. Form and Execution of Bond.................................................................................. 5 Section7. Payment of Bond..................................................................................................... 5 Section 8. Bond Fund; Use of Proceeds; Refunding Plan ....................................................... 5 Section 9. Prepayment Provisions and Purchase of Bond ....................................................... 7 Section10. Failure To Pay Bond............................................................................................... 7 Section11. Pledge of Taxes....................................................................................................... 7 Section 12. Tax Covenants; Designation of Bond as a "Qualified Tax Exempt Obligation".............................................................................................................. 8 Section 13. Sale and Delivery of the Bond................................................................................ 8 Section 14. Supplemental and Amendatory Ordinances............................................................ 9 Section 15. General Authorization and Ratification.................................................................. 9 Section16. Severability............................................................................................................. 9 Section 17. Effective Date of Ordinance................................................................................... 9 Exhibit A Parameters for Final Terms * The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. -1- 51548926.5 Packet Pg. 117 7.1.d CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of a limited tax general obligation refunding bond to carry out a current refunding of a portion of the City's outstanding Limited Tax General Obligation Bonds, 2007, and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City's designated representative to approve the final terms of the sale of the bond; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) "2007 Bonds" means the City's $5,230,000 original principal amount Limited Tax General Obligation Bonds, 2007, authorized by and issued for the purposes provided in Ordinance No. 3623, passed by the City Council on January 16, 2007. (b) "Acquired Obligations " means the United States Treasury Certificates of Indebtedness, Notes, and Bonds —State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance and in accordance with the Refunded Bond Ordinance. (c) "Bond" means the bond issued pursuant to and for the purposes provided in this ordinance. (d) "Bond Counsel " means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as J bond counsel in the field of municipal finance. 0 (e) "Bond Fund" means the Limited Tax General Obligation Bond Fund of the City w created for the payment of the principal of and interest on the Bond. c (f) "Bond Register" means the books or records maintained by the Bond Registrar c� for the purpose of identifying ownership of the Bond. c as E (g) "Bond Registrar" means the Finance Director, or any successor bond registrar selected by the City. a (h) "City" means the City of Edmonds, Washington, a municipal corporation duly organized and existing under the laws of the State. 1 51548926.5 Packet Pg. 118 7.1.d (i) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. 0) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (k) "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). (1) "Final Terms " means the terms and conditions for the sale of the Bond including the amount, date, interest rate (or mechanism for determining interest rate), payment dates, final maturity, redemption rights, price, and other terms or covenants, including minimum savings for refunding bonds (if the refunding bonds are issued for savings purposes). (m) "Finance Director" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (n) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (o) "Issue Date" means the date of initial issuance and delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. (p) "Purchase Offer" means the offer of the Purchaser to purchase the Bond on the terms and conditions set forth therein, including the response to the Request for Financing issued by the City on August 31, 2016, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (q) "Purchaser" means the financial institution or other legal entity selected by the Designated Representative to serve as purchaser of the Bond. (r) "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to prepayment of the Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of prepayment in accordance with Section 9. (s) "Redemption Date" means December 1, 2016. (t) "Refunded Bond Ordinance" means Ordinance No. 3623 of the City. (u) "Refunded Bonds " means the outstanding 2007 Bonds stated to mature on or after December 1, 2017. 2 51548926.5 Packet Pg. 119 7.1.d (v) "Refunding Plan " means (as further described in the Refunding Trust Agreement): (1) the deposit with the Refunding Trustee of proceeds of the Bond (together with other money of the City, if necessary); (2) the purchase by the Refunding Trustee of the Acquired Obligations and the application of the principal of and interest on the Acquired Obligations (and any other cash balance) to the call, payment and redemption of the Refunded Bonds on the Redemption Date at a price equal to the principal amount being redeemed plus any accrued interest; and (3) the payment of the costs of issuing the Bond and the costs of carrying out the foregoing elements of the Refunding Plan. (w) "Refunding Trust Agreement" means a refunding trust or escrow agreement between the City and the Refunding Trustee, dated as of the Issue Date, providing for the carrying out of the Refunding Plan. (x) "Refunding Trustee " means the financial institution appointed by the Designated Representative to serve as refunding trustee to carry out the Refunding Plan. (y) "Registered Owner" means the person in whose name the Bond is registered on the Bond Register. (z) "State " means the State of Washington. (aa) "System of Registration " means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 2451 of the City. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $3,300,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2016 is $7,369,027,390. (2) As of December 31, 2015, the City had limited tax general obligation indebtedness, consisting of bonds, loans, capital contracts and nonexchange financial guarantees, outstanding in the amount of $13,455,836 (of which the City has since retired $72,201), which is incurred within the limit of up to 1'/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) The City has no unlimited tax general obligation indebtedness outstanding. J 51548926.5 Packet Pg. 120 7.1.d (b) The Bond. The City Council finds that it is in the best interests of the City and its taxpayers to issue the Bond in order to carry out the refunding of the Refunded Bonds by carrying out the Refunding Plan if, in the determination of the Designated Representative, a savings will be effected by the difference between the principal and interest cost over the life of the Bond and the principal and interest cost over the life of the Refunded Bonds but for such refunding, as set forth in Section 8 and in Exhibit A. The City Council further finds that a Refunding Plan approved by the Designated Representative in accordance with this ordinance will discharge and satisfy the obligations, pledges, charges, trusts, covenants and agreements of the City under the Refunded Bond Ordinance as to the Refunded Bonds, and the Refunded Bonds shall no longer be deemed to be outstanding immediately upon the deposit of the money specified in the Refunding Plan with the Refunding Trustee. The City Council further authorizes the sale of the Bond, pursuant to the terms set forth in the Purchase Offer as approved by the City's Designated Representative consistent with this ordinance. Section 3. Authorization of Bond. The City is authorized to borrow money on the credit of the City and issue a negotiable limited tax general obligation refunding bond evidencing indebtedness in the principal amount not to exceed $3,300,000 to provide funds necessary to carry out the Refunding Plan. Section 4. Description of the Bond; Appointment of Designated Representative. The Finance Director is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bond in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bond, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bond. (a) Registration of Bond. The Bond shall be issued only in registered form as to both principal and interest and the ownership of the Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Finance Director is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bond, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and this ordinance, to serve as the City's paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bond. The Bond Registrar may become the Registered Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of the Registered Owner. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the a name and mailing address of the Registered Owner and the principal amount and number of the Bond held by the Registered Owner. The Bond may be transferred only if endorsed in the 4 51548926.5 Packet Pg. 121 7.1.d manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Registered Owner or transferee. Section 6. Form and Execution of Bond. (a) Form of Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. The Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, the Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only if the Bond bears a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall it be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is the fully registered City of Edmonds, Washington, Limited Tax General Obligation Refunding Bond, 2016, described in the Bond Ordinance." The authorized signing of the Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bond. Principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal of and interest on the Bond is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of the Bond is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bond is not subject to acceleration under any circumstances. Section 8. Bond Fund; Use of Proceeds; Refunding Plan. (a) Bond Fund. The Bond Fund is created as a special fund of the City for the sole purpose of paying principal of and interest on the Bond and other limited general obligation bonds of the City. All amounts allocated to the payment of the principal of and interest on the Bond shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund. Until needed for that purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and used for the purposes of that fund. 5 51548926.5 Packet Pg. 122 7.1.d (b) Appointment of Refunding Trustee. The Designated Representative is authorized and directed to appoint a financial institution to serve as Refunding Trustee and to perform the duties of Refunding Trustee under this ordinance. (c) Use of Bond Proceeds; Acquisition of Acquired Obligations. On the Issue Date, the proceeds of the sale of the Bond shall be deposited with the Refunding Trustee and used to carry out the Refunding Plan in accordance with the Refunding Trust Agreement. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations shall be listed and more particularly described in a schedule attached to the Refunding Trust Agreement. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to carry out the Refunding Plan shall be returned to the City for deposit in the Bond Fund to pay interest on the Bond on the next upcoming first interest payment date. (d) Refunding Trust Agreement; Administration of Refunding Plan. The Designated Representative is authorized and directed to execute a Refunding Trust Agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the carrying out the Refunding Plan. The Refunding Trust Agreement shall, among other things, authorize and direct the Refunding Trustee to purchase the Acquired Obligations and to make the payments required to be made by the Refunding Plan. All Acquired Obligations and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the Refunded Bond Ordinance, this ordinance, chapter 39.53 RCW and other applicable State law. All administrative costs (including all necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bond and all other costs incidental to the setting up of the escrow to accomplish the Refunding Plan) and costs of issuance of the Bond may be paid out of the amounts deposited with the Refunding Trustee or other available money of the City, in accordance with the Refunding Trust Agreement. (e) Authorization for Replacement Bonds. The City may issue replacement bonds in principal amounts reflecting the defeased and nondefeased portions of the 2007 Bonds. The replacement bonds shall be printed, executed and authenticated in the same manner as the 2007 Bonds. (f) Call for Redemption of the Refunded Bonds. The Designated Representative is authorized and directed to call the Refunded Bonds for redemption on their Redemption Date in accordance with the Refunded Bond Ordinance and this ordinance. Such call for redemption shall identify the Refunded Bonds, the maturity dates, the Redemption Date and redemption price (expressed as a percentage of par, plus accrued interest), and shall be irrevocable after the Bond is delivered to the Purchaser. The Designated Representative is authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to the Refunded Bond Ordinance, and to take all other actions necessary to effect the redemption of the Refunded Bonds on the Redemption Date. 6 51548926.5 Packet Pg. 123 7.1.d (g) Additional Findings with Respect to Refunding. Prior to approving the sale of the Bond, the Designated Representative shall make the following determinations in writing if in his or her judgment the following conditions are met: (1) The Redemption Date is the earliest practicable date on which the Refunded Bonds may be called for redemption. (2) The savings that will be effected (as measured by the difference between the principal and interest cost over the life of the Bond and the principal and interest cost over the life of the Refunded Bonds, but for such refunding) shall be equal to at least the percentage savings set forth in Exhibit A. In making such determination, the Designated Representative shall give consideration to the fixed maturities of the Bond and the Refunded Bonds, the costs of issuance of the Bond and the known earned income from the investment of the proceeds of the Bond pending redemption of the Refunded Bonds. (3) The Refunding Plan will provide sufficient funds to discharge and satisfy the obligations of the City under the Refunded Bond Ordinance. In making such determination, the Designated Representative may rely upon a verification by a nationally recognized independent certified public accounting firm or a certification of the City's financial advisor. Section 9. Prepayment Provisions and Purchase of Bond. (a) Prepayment. The Bond shall be subject to prepayment at the option of the City on terms acceptable to the Designated Representative, as set forth in the Purchase Offer, consistent with the parameters set forth in Exhibit A. (b) Notice of Prepayment. Notice of prepayment of the Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than five business days prior to the prepayment date by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. Section 10. Failure To Pay Bond. If the principal of the Bond is not paid when the Bond is properly presented at its maturity or prepayment date, the City shall be obligated to pay interest on the Bond at the rate provided in the Bond from and after its maturity or prepayment date until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bond constitutes a general indebtedness of the City and is payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bond. For as long as the Bond is outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bond as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the 7 51548926.5 Packet Pg. 124 7.1.d principal of and interest on the Bond and such pledge shall be enforceable in mandamus against the City. Section 12. Tax Covenants, Designation of Bond as a "Qualified Tax Exempt Obligation." - (a) Preservation of Tax Exemption for Interest on Bond. The City covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond that will cause interest on the Bond to be included in gross income for federal income tax purposes. (b) Post -Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. (c) Designation of Bond as a "Qualified Tax -Exempt Obligation." The City designates the Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations: (1) the Bond does not constitute a "private activity bond" within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Bond, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. Section 13. Sale and Delivery of the Bond. (a) Approval of Purchase Offer; Delivery of Bond. The Designated Representative is authorized to sell the Bond by negotiated sale or private placement based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. The Designated Representative shall select one or more Purchasers with which to negotiate such sale. The Purchase Offer or a certificate of the Finance Director shall set forth the Final Terms. The Designated Representative is authorized to execute the Purchase Offer on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. In negotiating the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. 8 51548926.5 Packet Pg. 125 7.1.d (b) Preparation, Execution and Delivery of the Bond. The Bond will be prepared at City expense and will be delivered to the Purchaser in accordance with the Purchase Offer, together with the approving legal opinion of Bond Counsel regarding the Bond. Section 14. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of the Registered Owner: (a) To add covenants and agreements that do not materially adversely affect the interests of the Registered Owner, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Registered Owner. Section 15. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bond to the Purchaser and for the proper application, use and investment of the proceeds of the Bond. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 16. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 17. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Edmonds, Washington, at an open public meeting thereof, this day of , 2016, and signed in authentication of its passage this day of , 2016. Dave Earling, Mayor 9 51548926.5 Packet Pg. 126 O � O n '17 CD CD Ct Attachment: City of Edmonds LTGO Bond Ordinance (1532 : Refunding 2007 Limited Tax General Obligation Bonds) i V Q 7.1.d Exhibit A PARAMETERS FOR FINAL TERMS (a) Principal Amount. The principal amount of the Bond shall not exceed $3,300,000. (b) Issue Date. The Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this ordinance. (c) Denomination, Name, etc. The Bond shall be in the denomination of the principal amount, and shall be numbered in the manner and shall bear the name and additional designation as deemed necessary or appropriate by the Designated Representative. (d) Interest Rate. The Bond shall bear interest at one or more fixed rates per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. No rate of interest for the Bond may exceed 5.00%, and the true interest cost to the City for the Bond may not exceed 3.00%. (e) Payment Dates. Interest shall be payable on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence no later than December 1, 2017. (f) Final Maturity. The Bond shall mature no later than December 1, 2026. (g) Prepayment Rights. The Designated Representative may approve in the Purchase Offer provisions for the optional prepayment of the Bond. (h) Price. The purchase price for the Bond may not be less than 98% or more than 102% of the stated principal amount. (1) Other Terms and Conditions. (1) The Bond may not be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. B-1 51548926.5 Packet Pg. 128 7.1.d (2) The Bond shall produce a minimum net present value savings to the City and its taxpayers of at least 3.00% (as a percentage of the Refunded Bonds to be refunded by such Bond). Net present value savings means the aggregate difference between (i) annual debt service on the Refunded Bonds to be refunded, less (ii) annual debt service on the Bond (including expenses related to costs of issuance of the Bond) discounted to the Issue Date using the yield on the Bond as the discount rate, plus (iii) excess cash, if any, distributed to the City on the Issue Date, and less (iv) the amount of additional money of the City contributed to the refunding, if any, on such Issue Date. B-2 51548926.5 Packet Pg. 129 7.1.d CERTIFICATION I, the undersigned, City Clerk of the City of Edmonds, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2016, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date will be , 2016. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: , 2016. CITY OF EDMONDS, WASHINGTON Scott Passey, City Clerk 51548926.5 Packet Pg. 130 7.2 City Council Agenda Item Meeting Date: 09/27/2016 Report on Bids for the Madrona Walkway Project (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On September 13, 2016, staff briefed Council on the Madrona Walkway project. Staff Recommendation Staff will provided the final bid results, construction budget and a recommendation to award the project during the staff presentation. Narrative This project is one of several "Safe Routes to School" grant projects won by the City of Edmonds. These projects are intended to increase safety and accessibility for students walking or biking to area schools. The Madrona Elementary Walkway project will install sidewalk along the south side of 236t" St SW from SR-104 (Edmonds Way) to the Madrona School, including approximately 180 feet of sidewalk on Edmonds School District property. The project will also reconstruct the existing pavement section on 236t" St, improve the stormwater collection system and upgrade the pedestrian facilities at the intersection of 2361" St and SR104. On September 15, 2016, the City received nine bids for the Madrona Elementary Walkway project. The bids ranged from a low of $545,410 to a high of $706,324.00. Attached are the preliminary bid results from the contractors. The Engineer's Estimate was $635,047.50. The project costs are being funded by a federal grant, Stormwater Utility Funds and the City Pavement Preservation program. Attachments: Exhibit 1 - Preliminary Bid Tab Packet Pg. 131 CITY OF EDMONDS 7.2.a Date/Time: 15-Sep-16 Proiect: Madrona Elementary Walkwav Engineers Est: $635K Bidder Name Sched A Sched B Sched C Total Welwest $ 423,640.00 $ 149,900.00 $ 6,000.00 $ 579,540.00 Trimaxx $ 427,675.00 $ 163,770.00 $ 2,000.00 $ 593,445.00 RL Alia $ 431,670.00 $ 182,310.00 $ 500.00 $ 614,480.00 Westwater $ 469,790.00 $ 173,500.00 $ 1,000.00 $ 644,290.00 Kar-Vel $ 512,055.00 $ 137,300.00 $ 1,000.00 $ 650,355.00 SRV $ 518,849.00 $ 187,375.00 $ 100.00 $ 706,324.00 Taylor's $ 394,190.00 $ 149,220.00 $ 2,000.00 $ 545,410.00 RRJ $ 415,439.46 $ 144,275.24 $ 1.18 $ 559,715.88 Kamins $ 452,956.82 $ 131,953.50 $ 1.00 $ 584,911.32 PRELIMINARY BID RESULTS Packet Pg. 132 7.3 City Council Agenda Item Meeting Date: 09/27/2016 Confirmation of Appointment of HR Director (5 min.) Staff Lead: Mayor Earling Department: Mayor's Office Preparer: Carolyn LaFave Background/History A slate of 4 candidates were interviewed for the HR Director position by 2 panels and the Mayor. The slate was narrowed to 2 candidates which were then interviewed by Council at the September 20th council meeting. Staff Recommendation Narrative After interviewing all candidates for the HR Director position and discussion with Councilmembers, Mayor Earling is appointing MaryAnn Hardie to the position of HR Director. Packet Pg. 133 8.1 City Council Agenda Item Meeting Date: 09/27/2016 Shoreline Master Program Update (30 min.) Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The City of Edmonds spent several years (2006 - 2014) revising its SMP consistent with updated state guidelines. The City's review of the SMP update included ten meetings before the Planning Board from October 2011 - November 2012 and eleven meetings before the City Council from December 2012 through November 2014, culminating in the adoption of Resolution 1326 expressing intent to adopt an update to the Shoreline Master Program (Exhibit 2). The Department of Ecology is responsible for ensuring statewide policies are upheld and implemented when local SMPs are adopted and must approve local SMPs before they become effective. Following the adoption of Resolution 1326, the City's updated SMP and supporting documentation was sent to Ecology for review in December 2014. Ecology issued a conditional approval of the City's SMP on June 27, 2016 (Exhibit 1). The City Council is reviewing Ecology's conditional approval and considering alternatives in response to Ecology's conditional approval. Staff Recommendation For the September 27 meeting: Review the City Attorney's memorandum regarding alternatives for the setback/buffer for the Urban Mixed Use IV shoreline environment. Overall: Review each of the Department of Ecology's required changes and one recommended change to decide whether to accept them or provide an alternative for Ecology's consideration. (Note: once the Council has worked through each of the proposed changes, staff will prepare a draft response to Ecology for Council's review and approval before it is submitted to Ecology.) NARRATIVE 9/27 FOCUS: At the September 27th Council Meeting, the focus of the discussion will be the City Attorney's memorandum included as Exhibit 3 and developing an alternative for the setback/buffer for the Urban Mixed Use IV shoreline environment. OVERVIEW: The Department of Ecology has granted Conditional Approval of the City's Shoreline Master Program. Ecology's June 27, 2016 conditional approval letter is provided as Exhibit 1 along with 6 attachments, which are: A) Ecology's Findings and Conclusions regarding Edmonds' SMP, B) Required Changes, C) Packet Pg. 134 8.1 Recommended Changes, D) A comment summary and responses, E) Water Quality Financial Assistance Guidance Document Appendix L, and F) Department of Ecology Water Quality Program August 19, 2015 letter. The Conditional Approval includes eight required changes to the City's SMP and one recommended change. Five of the required changes relate to incorporating the recently adopted critical area ordinance into the SMP. The three remaining required changes and the one recommended change are in regards to the Urban Mixed Use IV Shoreline Environment around the Edmonds Marsh. The Council began discussion and preliminary votes on each of the required and recommended amendments as a way of working through the issues and preparing a response to Ecology. Below is a summary and discussion of Ecology's required and recommended changes and preliminary decisions by the Council thus far. Department of Ecology Conditional Approval For purposes of Council consideration, Ecology's conditional approval is split into three categories: A. Critical Area Required Changes B. Urban Mixed Use IV Required Changes C. Urban Mixed Use IV Recommended Change Each of the general categories are summarized briefly below and followed by preliminary votes or discussion by the Council on each of the required changes. A. CRITICAL AREA REQUIRED CHANGES Update the reference to the ordinance number of the critical area regulations being incorporated into the SMP to reflect the recently adopted critical area regulations. City Council August 2, 2016 Preliminary Vote The City Council voted to accept Ecology's required change number 1. Replace Appendix B (SMP version of the critical area regulations) with the updated critical area regulations. City Council August 2, 2016 Preliminary Vote The City Council voted to accept Ecology's required change number 2. 3. Remove the section that required a shoreline variance for certain critical area provisions. City Council August 2, 2016 Preliminary Vote The City Council voted to accept Ecology's required change number 3. Packet Pg. 135 8.1 4. Revise the exceptions section. This section includes provisions of the City's critical area regulations that do not apply in shoreline jurisdiction. Council AUEUst 2. 2016 Preliminary Vote and Discussion The City Council voted to accept Ecology's required change number 4. Staff reviewed the list of exceptions again to see if some of the exceptions should be retained with the incorporation of Ecology's 2016 wetland guidance (see Council preliminary vote and required change number 5 below). As a result of using the 2016 wetland guidance in the SMP, there are some conflicts with the wetland section of the City's wetland critical area regulations (Chapter 23.50 ECDC) which should be excepted from the SMP. Four exceptions should be noted in the SMP, these are: a. ECDC 23.50.010.B: Wetland Ratings b. ECDC 23.50.040.F.1: Standard Buffer Widths c. ECDC 23.50.040.F.2: Required Measures to Minimize Impacts to Wetlands d. ECDC 23.50.040.K: Small, Hydrologically Isolated Wetlands It should also be noted that when staff was reviewing the exceptions list, a couple of the exceptions in the Council approved SMP where left out of Ecology's required changes table. These are highlighted in the redline/strikeout version of the SMP's critical area section included in presented during the September 13, 2016 Council meeting. The exceptions left out of the table were ECDC 23.40.130.D Monitoring Program and ECDC 23.40.220.C.8 Minor Site Investigation Work. As needed, this can be further discussed at a later City Council meeting. 5. Remove the wetland section from the SMP. City Council August 2"d and August 16th, 2016 Discussion Since the City Council adopted the updated critical area regulations in May 2016, a new wetland guidance document was published by the Department of Ecology - Wetland Guidance for CAO Updates: Western Washington Version, Publication No. 16-06-001. At the August 16, 2016 Council meeting, the council voted not to accept required Ecology's required change number 5 and incorporate the 2016 wetland guidance into the SMP. A redline/strikeout version of SMP 24.40.020 incorporating the City Council's direction on the required changes related to critical areas within the SMP was presented at the September 13, 2016 Council meeting. The draft version can be discussed further, as needed, at a later City Council meeting. B. URBAN MIXED USE IV CHANGES The Urban Mixed Use IV (UMU IV) shoreline environment is a new shoreline designation that would apply to the Harbor Square Property and the Unocal property on the south side of the marsh. The City Council originally adopted the UMU IV environment as an "interim" designation (to be reviewed and finalized within two years after the SMP becomes effective) and established a 100-foot setback from the edge of the marsh with the requirement to establish a 50-foot buffer within the setback with any Packet Pg. 136 8.1 development within shoreline jurisdiction. Each of the three required changes from Ecology related to the UMU IV Environment are summarized below (following the numbers from Ecology's document). Then each item has a comparison of Council's approved version with Ecology's proposal and a discussion. 6. Remove the "interim" designation for the UMU IV shoreline environment. Council August 2"d and August 16th. 2016 Discussion At the August 2"d meeting, the Council decided to reach out to stakeholders to gauge interest in developing a work plan to submit to Ecology as an alternate approach and maintain the interim designation for the UMU IV shoreline environment. It was reported at the August 161h Council meeting that not all of the stakeholders were interested in maintaining the interim designation. Given not all of the stakeholders were interested in pursuing the interim designation, the Council voted to accept required change number 6 and remove the interim designation for the UMU IV shoreline environment. 7. Change the setback/buffer around the marsh from 100/50 to 65/50 (essentially a 50-foot vegetated buffer with an additional 15-foot building setback from the buffer). Council August 16th and September 131h. 2016 Discussion At the August 16, 2016 Council meeting, the Council voted not to accept Ecology's required change number 7 and to develop an alternative approach for the UMU IV setback/buffer. At the August 13, 2016 Council meeting, the Council directed the City Attorney to prepare an evaluation of the possible scientific and regulatory considerations to help prepare an alternative to the Department of Ecology's required change for buffers and setbacks in the UMU IV shoreline environment. The City Attorney's memorandum is included as Exhibit 3. 8. Change a footnote related to the setback/buffer to note that the buffer establishment will be required if more than 50% of the Harbor Square property within shoreline designation is redeveloped. Discussion: The appropriate threshold for when a vegetative buffer should be established is intricately linked with the alternative approach ultimately proposed by Council. The City Attorney's memorandum in Exhibit 3 discusses potential thresholds for establishing the vegetative buffer in the UMU IV shoreline environment. C. URBAN MIXED USE IV RECOMMENDED CHANGE The one recommended change for the UMU IV shoreline environment relates to residential uses. Ecology is recommending that the City consider allowing multi -family residential development in the UMU IV shoreline environment. Ecology's reasoning behind this recommended change is that including residential development as a Packet Pg. 137 8.1 permitted use in the UMU IV environment would eliminate the need for a future SMP amendment should the City of Edmonds consider a rezone of properties that would allow residential development subject to the UMU IV shoreline environment. The City is not required to accept the recommended change or offer an alternative as with the required changes. The City may simply acknowledge the recommendation in our response to Ecology. NEXT STEPS After the City Council directs a general response to each of Ecology's proposed changes, City staff will draft a more detailed, formal response for the Council's review and approval. Ecology asks for submittal of the City's final response to the proposed SMP changes by October 31, 2016. Attachments: Exhibit 1- Department of Ecology Conditional Approval with Attachments Exhibit 2 - Council SMP Approved 20141118 Packet Pg. 138 auijaJoyS 9ES6) S4u9uay3e;4d 44inn 1enoiddd jeuoi;ipuo3 ABoloa3;o;u9w:Ped9a - ;igiyx3 :;u9uay3e;4d rn o �a� y 1 59 V STATE OF WASHINGTON a DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons ivith a speech disability can call 877-833-6341 June 27, 2016 The Honorable Dave Earling City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Re: City of Edmonds Shoreline Master Program Comprehensive Update — Conditional Approval Dear Mayor Earling: Thank you for submitting to Ecology the City of Edmonds (City) Shoreline Master Program comprehensive update. We have completed our review of the proposal for consistency with the Shoreline Management Act and implementing guidelines. As we have already discussed with your staff, the Washington State Department of Ecology (Ecology) identified specific changes necessary to make the proposal approvable. These changes are detailed in Attachment B. Recommended changes are detailed are proposed in Attachment C. Findings and conclusions related to the City's proposed SMP amendment are contained in Attachment A. Pursuant to RCW 90,58.090 (2)(e), at this point, the City may: • Agree to the proposed changes, or * Submit an alterative proposal. Ecology will then review the alternative(s) submitted for consistency with the purpose and intent of the changes originally submitted by Ecology and with the Shoreline Management Act. Final Ecology approval will occur when the City and Ecology agree on language that meets statutory and Guidelines requirements. auijaJoyS : 9ES6) S4u9uay3e;4d 44inn 1enoiddd jeuoi;ipuo3 ABoloo3;o;u9w:Ped9a - ;igiyx3 :;u9wLI3844d ev � Go The Honorable Dave Earling a June 27, 2016 Page 2 a Please provide your written response within 30 days to the Director's Office at the following address: WA State Department of Ecology Attention: Director's Office PO Box 47600 Olympia, WA 98504-6700 Ecology appreciates the dedicated work that you, the City Council, City Development Services staff (Kernen Lien, Shane Hope, and Rob Chave), the Planning Commission and engaged interested parties have put into this SMP update. Thank you again for your efforts. We look forward to concluding the SMP update review process in the near future. ff you have any questions or would like to discuss the changes identified by Ecology, please contact our Regional Planner, David Pater at David.Pater@ecy.wa.gov/(425) 649-4253, Sincerely, Maia D. Bellon Director Enclosures By Certified Mail [7012 1010 0003 3028 4383] cc: Shane Hope, City of Edmonds Kernen Lien, City of Edmonds David Pater, Ecology Erik Stockdale, Ecology 8.1.a Attachment A- Findings and Conclusions City of Edmonds SMP Update SECTION 1: INTRODUCTION USE OF THIS DOCUMENT Ecology's Findings and Conclusions (Attachment A), including reference to Attachment 8 (Required Changes), provide the factual basis for Ecology's decision on the City of Edmonds (City) updated Shoreline Master Program (SMP). The document is divided into four sections providing introductory information (Section 1), findings related to the City's submittal (Section 2), amendment history and review process (Section 3), and conclusions (Section 4). DESCRIPTION OF PROPOSED AMENDMENT Edmonds submitted to Ecology for review a comprehensive amendment to their SMP to comply with the Shoreline Management Act (SMA) at RCW 90.58 and the SMP Guidelines (Guidelines) at WAC 173-26 (Part Three). The updated master program provides locally tailored shoreline management policies, environment designations, regulations, and administrative provisions, as well as local ordinances Chapters 23.40 through 23.90 ECDC (Critical Areas Regulations) incorporated as part of the SMP. Additional reports and supporting information and analyses noted throughout this document were considered by Ecology during review of the City's submittal. NEED FOR THE AMENDMENT The proposed amendment is needed to comply with a statutory deadline requiring a comprehensive update to local Shoreline Master Programs pursuant to RCW 90.58.080, and for compliance with planning and procedural requirements of WAC 173-26 and 27. This SMP update is also needed to address land use changes that have occurred along city's shorelines since the most recent County SMP amendment in October 2000. The proposed amendment also ensures the SMP is consistent with land use management policies and environmental protections provided by the City's Comprehensive Plan, and the May 2016 Critical Areas Regulations (Ch. 23.40-23.90, Ordinance 4026). SECTION 2: FINDINGS OF FACT AMENDMENT HISTORY, LOCAL REVIEW PROCESS The City indicates the proposed SMP amendments originated from a local planning process that began in October 2005. The record shows that the Edmonds Planning Board held nine meetings open to the public on June 22, July 27, August 24, October 12, November 11, and December 14, 2011, January 25, May 9, and October 24, 2012. The Planning Board also conducted a public hearing on November 14, 2012. The Edmonds City Council held nine public meetings in December 4, 2012, February 26, March 26, April 23 October 8 and December 17, 2013 and September 2, 2014. Affidavits of publication provided by the City indicates notice of the hearings was published in the Everett Herald on October 31'Y 2012. The Edmonds City Council held eight public meetings on December 4, 2012, February 26, March 26, April 23 October 8 and December 17, 2013, September 2, October 21, 2014. The City Council also conducted two public hearings on June 4, 2014 and September 16, 2014. Affidavits of publication provided by the City indicates notice of the hearings was published in the Everett Herald on May 19, 2013, and September 4, 2013; all public meetings and hearings were advertised on the City of Edmonds web site. After adoption of Resolution #1326, on November 18, 2014, Edmonds City Council authorized staff to Packet Pg. 141 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update forward the proposed amendments to Ecology for approval. The proposed SMP amendments were received by Ecology for state review and verified as complete on January 21, 2015. Finding Ecology finds that Edmonds satisfied the SMP-Guideline standards related to the local public process, (WAC 173-26-090, -100, and-201(3) b)J, and submittal of the SMP to the Department for review (WAC 173-26-110). INVENTORYAND CHARACTERIZATION (WAC 173-26-201) Documentation of current shoreline conditions is a key part of the SMP development process and addressing the no net loss standard of the state SMP Guidelines (WAC 173-26-186). As the first step on addressing this requirement, Edmonds developed a final Inventory and Characterization Report dated November 2007. This report documents existing shoreline conditions and informs development of the City's SMP (environment designations, policies and regulations) and restoration plan. In addition to an inventory and characterization of environmental conditions, the City's Characterization report, together with the Cumulative Impact Analysis, address Ecology's other analytical requirements (WAC 173-26-201(3)(d)(iii) — (ix). For example, Chapter 4 of the Characterization report provide a shoreline use analysis [WAC 173-26-201(3)(d)(ii)], as well as public access opportunities [WAC 173-26- 201(3)(d)(v)]. The City's Inventory and Characterization Report and companion map portfolio provides an ecosystem - wide (watershed) and shoreline segment -level analysis of existing shoreline environmental and land use conditions. Ecosystem -wide processes are presented in addition to near shore physical and biological characteristics. Nine shoreline segments are further analyzed based in part on previous habitat assessments of biological, geomorphologic, hydrological and landscape characteristics. The map portfolio encompasses land use, biological and geologic elements of the city's shoreline. Descriptions of current shoreline conditions below are categorized into three geographic marine shoreline planning reaches and Lake Ballinger. Edmonds has no rivers or streams that meet minimum state shoreline jurisdiction. Edmonds has five miles of Puget Sound shoreline and 3947 feet of Lake Ballinger shoreline. Edmonds Marsh: additional analysis was required for the Edmonds Marsh due in part to new information which became available later in the SMP process. This additional information which is discussed in section three, led to a tidal classification of the marsh as a Shoreline of the State due to saltwater tidal influence. Finding Ecology finds that the City's 2007 Inventory and Characterization report provides a sufficient assessment of existing shoreline environmental and land uses conditions consistent with State Guideline requirements of (WAC)173-26-201 (3) (c) and (d). The analysis provides the SMP update process an adequate basis for developing shoreline environment designations, policies and regulations, and future protection and restoration opportunities in city shoreline jurisdiction. SHORELINE ENVIRONMENT DESIGNATIONS (WAC 173-26-211) Ecology guidelines at WAC 173-26-211 require local governments to classify shoreline areas into environment designations based on the existing use pattern, biological and physical character of the shoreline, and the goals and aspirations of the community as expressed in the comprehensive plan. The Packet Pg. 142 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update Inventory and Characterization Report is used to determine the relative degree of impairment and biophysical capabilities and limitations for individual shoreline reaches. Based on this assessment, along with consideration of anticipated future development, zoning and other regulatory overlays, jurisdictions may apply the designation criteria provided in WAC 173-26-211 to determine which shoreline environment designation should be assigned, or develop their own tailored designation criteria. Edmonds current 2000 SMP has six designations (natural, urban mixed use, conservancy saltwater and freshwater, urban railroad and suburban residential shoreline residential environment). The city's updated SMP used Ecology's recommended designations with sub -designations under Shoreline Residential for unique communities, as follows: Proposed Designation % of total' Natural (Edmonds Marsh /Shell Creek) 3 n/a Conservancy 1% Shoreline Residential 1 2 32% Shoreline Residential 11 2 3% Shoreline Residential 1112 (Lake Ballinger) 13% Urban Railroad 37% Urban Mixed Use 15% Aquatic I & II n/a s Percentage estimate of total linear shore land area z The SMP includes three residential and three urban mixed use sub -designations 3Natural designation includes only wetlands Consistent with Ecology's guidelines, each designation includes a purpose statement, designation criteria, management policies and regulations. Edmonds did an excellent job incorporating shoreline inventory and characterization information for delineating shoreline environments. The parallel designations of Urban Railroad and Shoreline Residential encompasses nearly 70% of the City shoreline. The presence of the Burlington Northern railroad dominates the City's Puget Sound shoreline. The 100 feet of shoreline jurisdiction bordering Puget Sound is the railroad right of way, while the upland 100 feet is shoreline residential I and 11. Residential sub -designations are divided based on lot zoning for marine shoreline and Lake Ballinger (Residential III). The Urban Mixed Use Environment is divided into four sub -designations based in part on city zoning and predominant land uses. The urban center shorelines west of the railroad tracks are predominantly Packet Pg. 143 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update water oriented uses (marina), while the urban mixed shorelines east of the railroad are more mixed use commercial and residential development. Ecology has included one recommended change to the use table that would provide more flexibility within the mixed use environment. Adopting this change would preclude the need for future SMP amendments should the city modify zoning for that area. The Aquatic Environment is divided into Aquatic I (low intensity) and Aquatic II (high intensity), with Aquatic 11 covering the marine waters adjacent to water dependent uses (marina and ferry terminal). Aquatic I borders the marine shoreline south of the marina and the railroad/residential shoreline and Lake Ballinger. As described in the SMP Shoreline development table (24.40.080) permitted, conditional, and prohibited uses are established for each shoreline environment designation in a manner that limits impacts to ecological functions while allowing for appropriate development. Several land uses are prohibited in certain shoreline designations due to their potential to have substantial impacts to shoreline ecological functions or public health and safety. For example commercial uses and parking are prohibited in the residential environment. Conditional uses are activities that may be allowed in specific instances as long as the impacts of the use do not result in an overall degradation of the shoreline environment. Some of the shoreline designations outline a variety of conditional uses including but not limited to aquaculture, dredging, groins and jetties. These uses warrant a higher level of scrutiny due to variations in project proposals, location, and their potential for impacts to shoreline ecological functions, public health, and safety. In comparison the current Edmonds SMP shoreline development table outlines more general use and modification categories for all shoreline environments. The table structure is similar to the SMP update. The new SMP update outlines more distinct use and modification categories. For example, boating and moorage facilities have five subcategories under the new SMP while the current SMP only defines moorage structures and facilities singularly. Aquaculture is not included in the current SMP use table, and new SMP requires a Conditional Use Permit. Finding Ecology finds the City conducted a comprehensive process for developing Shoreline Environment Designations, using relevant information from the Inventory and Characterization Report. Ecology finds that with the exception of required change identified in Attachment e, the city's proposed designations and use and modifications classification table (24.40.080) are consistent with WAC 173-26-211. GENERAL MASTER PROGRAM PROVISIONS (WAC 173-26-221) The SMP Guidelines in WAC 173-26-221 list general use provisions that are intended to apply broadly to all of types of shoreline development regulated by master programs. Edmond's general provisions are located primarily under General Policies and Regulations (Section 24.40). Critical area regulations are adopted by reference in Section 24.40.020. These include regulations for wetlands, geologically hazardous areas, and fish and wildlife habitat conservation areas. Frequently flooded areas are addressed under 24.40.030. The Shoreline Use and Development Regulations (Section 24.40) also address Ecology's general requirements for archaeological sites and public access. These provisions must be met by any use, development, or activity regardless if a shoreline permit is required or not. For example: If vegetation removal is necessary, the regulations require minimization and compensatory mitigation. Packet Pg. 144 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update The City's Cumulative Impact Analysis analyzes the adequacy of SMP policies and regulations to address future development. It includes a table of potential shoreline alterations, associated ecological impacts and outlines specific SMP policies and regulations that addresses impacts. It also explains how the regulations address mitigation sequencing to avoid, minimize and compensate for impacts. SMP Sec. 24.40.090 (Shoreline Bulk and Dimensional Standards) outlines setbacks by shoreline environment and use, maximum impervious surface limits and height limitations are also key standards. Edmonds shoreline is mainly built out with minimal existing vegetative buffers. Bulk and dimensional standards overlaid with the vegetation conservation regulations (24.40.50) are key measures to ensure no net loss of ecological functions in the city's suburban and commercial shorelines. Finding Ecology finds that with the exception of required changes identified in Attachment B, the general policies and regulations are consistent with WAC 173-26-221. SHORELINE USE PROVISIONS (WAC 173-26-241) The SMP Guidelines in WAC 173-26-241 are intended to both recognize existing uses and ensure that future development will be appropriately managed consistent with the underlying policies of the SMA. Avoidance of use conflicts through coordinated planning and prioritization of "preferred" shoreline uses is a primary tenant of the SMA (RCW 90.58.020). Updates to local SMPs are intended to support these goals through development of appropriate master program provisions, based on the type and scale of future shoreline development anticipated within a particular jurisdiction. Edmond's SMP update regulates shoreline uses under Section 24.60. Consistent with WAC 173-26- 186(5), the City master program reflects the principle that the regulation of private property needs to be consistent with all relevant constitutional and other legal limitations. As described under "Environment Designations" above, the updated SMP includes varying degree of flexibility within each shoreline environment especially with the use of sub -designations for residential and mixed use commercial shorelines. The natural and conservancy environments though small in size tend to have the most restrictions when it comes to allowed uses with many uses simply either not allowed or not applicable to these shoreline environments. The SMP Use matrix addresses applicable uses required by Ecology guidelines, and also includes subsets of the more prevalent uses such as boating facilities (marinas, ramps) and water dependent and non -water dependent commercial uses. Finding Ecology finds that with the exception of required changes identified in Attachment B, including modifications to aquaculture use provisions, the City has established a system of use regulations consistent with WAC 173-26-241 and related environment designation provisions that accommodate preferred and priority uses, protect property rights while implementing the policies of the SMA, reduce use conflicts, and assure no net loss of shoreline ecological functions. SHORELINE MODIFICATIONS (WAC 173-26-231) The SMP Guidelines in WAC 173-26-231 define "shoreline modifications" as: "...generally related to construction of physical elements such as a pier, floating structure, shoreline stabilization, dredged basin, or fill..." WAC 173-26-231(2)(b) states (as a general principle) that master programs should: "Reduce the adverse effects of shoreline modifications, and as much as possible, limit shoreline modifications in number and extent." These shoreline modification principles and standards contained Packet Pg. 145 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update in WAC 173-26-231 are reinforced through associated requirements for mitigation sequencing (WAC 173-26-201(2)(e) and the no net loss of shoreline ecological function standard (WAC 173-26-186). Edmond's SMP regulates shoreline modifications under Section 24.50, and address shoreline stabilization, moorage facilities (docks, piers and floats); filling, dredging and breakwaters, jetties and groins, and habitat restoration and enhancement. The primary changes from the existing SMP address are defined pier and dock dimensional standards consistent with Federal and other State resource agencies guidance; and more prescriptive shoreline stabilization regulations for new and replacement structures. The SMP update incorporates the fundamental mitigation strategy required by Ecology guidelines by requiring applicants for stabilization proposals to demonstrate first that the project is needed to protect existing structures. The section also prioritizes soft shore stabilization over hard stabilization options, and requires a site -specific geotechnical report for new stabilization. Report requirements are also outlined in the regulations. Where stabilization is needed, the least impacting alternative type must be used. The SMP requires that construction will not substantially disrupt littoral drift or near shore ecological functions. "Soft shore" approaches such as upland drainage control, vegetation protection, relocation of structures or improvements, or beach nourishment are a priority over hard stabilization options (bulkheads). Finding Ecology finds that with the exception of required changes identified in Attachment B, the City's Shoreline Modification standards are consistent with mitigation sequencing principles provided for in WAC 173-26- 201(2)(e), requirements in WAC 173-26-231, relating to shoreline modifications, and the Boating Facilities requirements of WAC 173-26-241(c). CUMULATIVE IMPACT ANALYSIS Addressing no net loss of ecological functions is a critical element in any SMP update. WAC 173-26- 201(2)(c) (Protection of Shoreline Ecological Functions) requires that: "Master programs shall contain policies and regulations that assure at minimum, no net loss of ecological functions necessary to sustain shoreline natural resources." A cumulative impacts analysis documents how an SMP update addresses no net loss of ecological functions. Upon completion of the final draft SMP in 2014, Edmonds finalized its cumulative impact analysis (CIA) to assess potential impacts resulting from anticipated future development allowed by the updated SMP. The City CIA outlines ecological functions at risks and connects them to shoreline alterations and new applicable SMP regulations and policies. Impaired ecological functions and reasonable foreseeable development is outlined for each shoreline segment. As described in the sections above, proposed general regulations and the integrated Critical Areas Ordinance (CAO) address most commonly expected future impacts to ensure regulations achieve no net loss of ecological functions. The CAO standards have been reviewed and revised for compliance with SMA and SMP guidelines requirements. A shoreline use and modification matrix provides shoreline environment -specific classifications of permitted and prohibited activities. A shoreline bulk and dimensional standards table standards outlines shoreline setbacks, height and impervious surface limits and for various uses. More stringent stabilization and pier/dock standards are other key SMP elements. Edmonds also relies on non -regulatory incentives, intergovernmental coordination, and enforcement in their multi -faceted approach to managing shorelines. Packet Pg. 146 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update Finding Ecology finds that the City's Cumulative Impact Analysis presents an adequate analysis of shoreline uses and modifications per WAC 173-201(3)(d)(iii). RESTORATION PLAN Pursuant to WAC 173-26-201(2)(c) and (f), local governments are directed to identify restoration opportunities as a component of the SMP-update process, as well as establish implementation goals that coordinate and facilitate appropriate publicly and privately initiated restoration projects. Edmonds prepared a November 2014 shoreline restoration plan. The plan is a multifaceted approach to restoring shoreline ecological functions. It includes policies which link the plan to the shoreline master program. The plan outlines restoration programs at the regional and city level including on- going projects. The plan also includes a comprehensive table of possible restoration opportunity areas. Projects are tied to restoration objectives and timelines. Projects vary from beach nourishment, creosote pier removal, nearshore and riparian enhancement, and culvert replacement. Implementation strategies include project evaluation, monitoring and adaptive management. Potential funding opportunities are also outlined. Finding Ecology finds that the Final Shoreline Restoration Plan is based on appropriate technical information available to the City during the SMP update. The plan fulfills the requirements of WAC 173-26-201(2)(c) and (f). OTHER STUDIES OR ANALYSES SUPPORTING THE SMP UPDATE Ecology reviewed a large number of reports, studies and information related to the City SMP update, all of which are included in the master file record, or are listed as "references" at the end of this document. Key supporting documents include the: • April 2006 public participation plan, • August 2007 shoreline inventory and characterization, • November 2014 cumulative impacts analysis, • November 2007 shoreline use analysis, and • November 2014 restoration plan. CONSISTENCY REVIEW Consistency with the Shoreline Management Act (RCW 90.58): The proposed amendments have been reviewed for consistency with the policy and procedural requirements of RCW 90.58.020 and the approval criteria of RCW 90.58.090. Consistency with applicable guidelines (WAC 173-26): The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program guidelines (WAC 173-26- 171 through 251 and -020 definitions). This included review of a SMP Submittal Checklist, which was completed by the City. Consistency with SEPA Requirements: The City submitted evidence of compliance with RCW 43.21C, the State Environmental Policy Act (SEPA) in the form of a SEPA checklist and issued a Determination of Non -Significance (DNS) for the proposed SMP amendments on August 22, 2014. Notice of the SEPA Packet Pg. 147 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update determination was published in the Everett Herald on August 26, 2014. Ecology did not comment on the DNS. SECTION 3: DEPARTMENT OF ECOLOGY REVIEW PROCESS The proposed SMP amendments were received by Ecology for state review and verified as complete on January 21, 2015. This action initiated formal state review of the proposed SMP. Notice of the state comment period was distributed to state task force members and interested parties identified by the City on February 19, 2015, in compliance with the requirements of WAC 173-26-120. The state comment period began on February 25, 2015 and continued through March 27, 2015. SUMMARY OF ISSUES RAISED DURING THE ECOLOGY PUBLIC REVIEW PROCESS Ecology received 143 comments from 31 citizens and 3 government agencies, one tribe and one corporation. Consistent with SMP-Guideline review requirements in WAC 173-26-120, Ecology provided the City with a summary of comments. The Responsiveness Summary (Attachment C) includes responses by the City to SMP topics raised by the comments pursuant to WAC 173-26-120(6). The following is a summary of the most common issues raised and both the City of Edmonds responses. Summary of Comments: The majority of comments focused on the size of the proposed Edmonds marsh buffer and setback and the associated Urban Mixed Use IV Interim Shoreline Environment Designation. The majority of citizen comments were in support of the City's 100 foot buffer (50 ft.) and setback (50 ft.). Some requested clarification about the previous 150 ft. buffer/setback proposal. Most comments expressed concerns with the long term ecological health and future restoration of the marsh, its wildlife habitat value and importance as a community amenity. Another common issue of concern is with possible Port of Edmonds redevelopment plans for Harbor Square and tall buildings being located close to the marsh. Most agency and corporation comments were not in favor of the 100 foot marsh buffer and setback and recommended a 50 ft. or 25 buffer with no setback. Comments expressed concerns that the proposed buffer /setback was not supported by the most current scientific or biological information. A few comments expressed that the proposed 100-foot buffer/setback was derived from a Department of Ecology grant funding guidance document (Appendix Q. Other agency comments challenged the validity of the interim designation for Urban Mixed Use IV environment. Concerns with impacts to future site development of the Harbor Square and UnoCal clean-up site bordering the Edmonds Marsh were also expressed. Tribal comments questioned the intention of the Urban Mixed Use IV interim designation, the finalization process and its potential to undermine future restoration. Concerns with the accuracy of the shoreline jurisdiction boundaries of stream mouth estuarine areas were also stated. Summary of City Response to comments: The City of Edmonds SMP was developed in accordance with WAC 173-26 as documented in the SMP submittal checklist submitted to the Department of Ecology. One of the guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. Packet Pg. 148 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP: Shoreline Use Policies (SMP 24.20.050.C.12; the marsh is a high priority for studies); Conservation Element (SMP 24.20.060.C.1; the City should work to maintain the marsh); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; the marsh should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City's proposed SMP included "interim standards" for development around the marsh. The city adopted an "Interim" Urban Mixed Use IV environment for an area where there is no preexisting shoreline regulation because the area is new to the shoreline jurisdiction. The City noted the absence of any language about expiration in the regulation. The city's use of "interim" in this context was not intended to be construed as an interim official control under RCW 90.58.590 but ratheras an expression of legislative intent to revisit this environment within the two-year period and adopt some kind of amendment, either by removing the "interim" descriptor if no substantive changes are desired or by adopting a substantive amendment to the regulations for this environment. Because one of the city's main restoration strategies is to qualify for grant funding, the city believed the SMP needed to be consistent with funding guidelines in Appendix L. The City's proposed 100-foot setback was intended as a regulation designed to restore ecological functionsand also for its indirect effect on the city's ability to obtain grant funding to restore the marsh. The City noted that their proposed 100-foot setback regulation only has direct effect if and when redevelopment occurs near the marsh. The Port of Edmonds currently has no applications for constructing new buildings at Harbor Square within shoreline jurisdiction. Once the SMP becomes affective, all new development within shoreline jurisdiction will be subject to the City's SMP. SUMMARY OF ISSUES IDENTIFIED BY ECOLOGY AS RELEVANT TO ITS DECISION Ecology has reviewed the locally adopted SMP for consistency with applicable SMP-Guideline requirements, and considered the city's response to issues raised during Ecology's public comment period (Attachment D). The following topics are issues relevant to Ecology's final decision on updates to the Edmonds SMP. Required or recommended changes to address each of the following topic areas are included in Required Changes (Attachment B). EDMONDS MARSH SHORELINE JURISDICTION DETERMINATION The 2007 Edmonds Shoreline Inventory and Characterization only included the Edmonds Marsh within shoreline jurisdiction as an associated wetland. Additional information gathered in 2010 indicated that a portion of the marsh has tidal inundation. This resulted in inclusion of the uplands bordering the western part of the marsh within shoreline jurisdiction. In late 2010 Ecology staff conducted water level, salinity and hydraulic continuity assessments at the Edmonds Marsh. Based on these assessments, it was concluded that the ordinary high water mark (OHWM) of Puget Sound extended well into the western portion of the West Marsh (midpoint between SR 104 and the railroad right-of-way; the West Marsh lies to the west of SR 104), including the day - Packet Pg. 149 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update lighted portion of Willow Creek to the west of the railroad tracks (Figure 1). Based on this, portions of the marsh should be classified as a shoreline of the state. The determination was based on the predominance of salt -tolerant vegetation (salt grass [Distichlis spicata] and pickleweed [Salicornia depressa]), tidal fluctuations, and a continuous and contiguous water surface within this portion of the marsh (Figure 1). The salinities measured and dominant plants seen in the western portion of the marsh in December 2010 confirm, as well as aerial photographs and a previous marsh characterization, that tidal exchange is a current and ongoing process in this portion of the marsh. WAC 173-22-030(a)(ii) defines the OHWM in low energy tidal environments as the landward limit of salt -tolerant vegetation; tolerant of salinities >_ 0.5 parts per thousand (ppt). Saltgrass and pickleweed are tolerant of salinities greater than 30 ppt. VA= elevation 112/11 No change in water t ,elevation 112/11 Off f} Figure 1. Approximate location of Edmonds Marsh water elevation stations, January 2011 shown on 2002 aerial photograph. Highest observed tidal height at Seattle (11.54 feet) produced a 0.5 foot elevation rise at western monitoring station (blue dot), while no change in water levels was registered at the two eastern stations (red dots). Note tidal channels and mud flats in western portion of marsh and transition to more salt -sensitive vegetation to the east of tidal channels. A number of studies have been done at the marsh, as well as the former UnoCal site, and these assessments have found no surface water connection (except for flexible pipes) between the former UnoCal detention pond and the marsh proper or Willow Creek. Based on these assessments, Ecology does not recommend this pond be designated as an associated wetland. Packet Pg. 150 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update The portion of Edmonds Marsh east of SR 104 (East Marsh) should be designated as an associated wetland. The East Marsh is associated due to proximity and influence to the West Marsh. Primarily, the hydraulic continuity to the West Marsh is via the Shellbarger Creek culverts. EDMONDS MARSH BUFFERS Edmonds Marsh is a relatively important shoreline wetland that includes estuarine and freshwater wetland communities, as well as Willow Creek, which discharges to Puget Sound immediately downstream from the marsh. A stand of intact forest is found to the southeast of the marsh between State Route 104 and Pine Street. Scattered trees are also found along the eastern and northern edges of the marsh. For terrestrial species, the habitat potential for Edmonds Marsh and adjoining buffers is significantly constrained by the intense urban development surrounding the marsh. There are virtually no intact habitat corridors linking the marsh to other large blocks of habitat (Figure 2), which limits access for large mammals. This also limits the habitat suitability as breeding habitat for large birds such as raptors. The ongoing discharge of inadequately treated storm water to Edmonds Marsh, as well as Puget Sound immediately downstream, is currently the greatest ecological threat to the marsh. Harbor Square on the north side of the marsh generates a considerable amount of storm water. Upgrading storm water treatment at Harbor Square and impervious surfaces that drain to the marsh is an important and necessary step in improving water quality in the marsh and Willow Creek. While restoring the buffer at Harbor Square could contribute to improving water quality, retrofitting the storm water treatment system would provide a much greater ecological lift and require a smaller footprint. Unfortunately, the habitat benefits of a wider buffer are limited by the marsh's relative isolation within a highly developed urban landscape. A densely planted strip of trees and shrubs would provide a visual and physical screen and some additional habitat for birds, although planting trees on the levee between the Marsh and Harbor Square may not be compatible with levee maintenance requirements. Packet Pg. 151 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update Figure 2. Edmonds Marsh and Willow Creek west of SR 104 with intact buffers outlined in red. Note tidal channels draining the western portion of the marsh. Figure 3 depicts the proposed shoreline jurisdiction for the Edmonds Marsh. The extent of tidally - influenced salt marsh (i.e. salt -tolerant vegetation) is shown with the pink line. East of this line the marsh is classified as associated wetland. Packet Pg. 152 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update 2006 Salt Marsh Boundary Figure 3. Approximate extent of salt marsh (and OHWM) in 2006 in West Marsh. Due to the degraded condition and constraints on the Edmonds Marsh, Ecology has classified the marsh as a Category II wetland within the locally adopted Shoreline Master Program (SMP; Section 24.40.020 (2)): Category II wetlands are: 1) estuarine wetlands smaller than I acre, or disturbed estuarine wetlands larger than 1 acre; 2) inter-dunal wetlands larger than 1 acres; 3) disturbed coastal lagoons or 4) wetlands with a moderately high level offunctions (scoring between 51-69 points). Category II wetlands have standard buffer width of 75 feet. SMP-required change number three requires a 50-foot buffer with a minimum 15-foot structural buffer setback. A 50-foot buffer is consistent with existing conditions on the intensely developed north side of the marsh and present constraints. As discussed above, the presence of the levee also limits the water quality benefits that a buffer would provide. D I_ O d d to R d C L O L to M LO r Packet Pg. 153 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update The main benefit of restoring a buffer on the marsh would be some increased habitat area for urban - tolerant wildlife species, as well as providing a more natural barrier between the marsh and urban development at its edge. A minimum 15-foot building setback would help preserve the integrity of a restored buffer. A larger setback may encourage intensive uses such as parking, which is incompatible within a buffer setback. In summary: Ecology considers the Edmonds Marsh to be classified as a class II wetland under the City of Edmonds Critical Areas Ordinance (CAO; see wetland classification, ECDC 24.40.020). This estuarine wetland has been significantly disturbed by urban development (significant reduction in size due to fill, fragmentation, and isolation from adjacent wetlands, chronic storm water, and hydraulic separation from Puget Sound). The CAO wetland buffer table prescribes a 75-foot buffer for a class II wetland. The City CAO also requires a 15-foot buffer setback (ECDC 24.40.280, Building Setbacks). The recommended Ecology buffer setback is consistent with the CAO. The recommended 50-foot buffer is less than the CAO wetland classification. Ecology's analysis concludes that a 50-foot buffer is appropriate for Edmonds Marsh given the environmental impact issues outlined above and the current configuration of the Harbor Square Business Park. URBAN MIXED USE IV SHORELINE ENVIRONMENT DESIGNATION (SMP 34.30.070) Proposed required changes to this SMP section remove the classification of the Urban Mixed -Use IV designation as an "interim" designation, and delete the accompanying rationale. The interim designation is no longer necessary given the proposed 50 foot marsh buffer and 15 foot buffer setback (Changes 2 and 3). The changes are consistent with the Planning Commission draft SMP which is tailored to existing conditions. The changes are consistent with the guidelines requirement to base master programs on available scientific and technical information [WAC 173-26-201(2)(a)]. One of the original objectives of the interim designation was to provide time to secure buffer enhancement grant funding for the proposed 100 foot marsh buffer /setback. An August 19, 2015 letter from Ecology's Water Quality Program (attachment F) clarifies that the buffer enhancement grant eligibility for the Edmonds Marsh is a minimum 35 foot buffer width. Further marsh studies can continue with an SMP that incorporates the required changes. Redevelopment of the Harbor Square and the Chevron sites (Edmonds Crossing Ferry Terminal) are more likely to occur along with needed buffer enhancement and storm water treatment improvements which will improve the ecological functions of the Edmonds Marsh. Note that Ecology included a recommended change to the SMP use table that would provide the city with zoning flexibility within the Urban Mixed Use IV environment (see Appendix C). Adopting this change would preclude the need for future SMP amendments should the City modify zoning for that area. SECTION 4: CONCLUSIONS OF LAW After review by Ecology of the complete record submitted and all comments received, Ecology concludes that the City's SMP proposal, subject to and including Ecology's required changes (itemized in Attachment B), is consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). This includes a conclusion that the proposed SMP, subject to required changes, contains sufficient policies and regulations to assure that no net loss of shoreline ecological functions that is anticipated to result from Packet Pg. 154 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update implementation of the new master program amendments [WAC 173-26-201(2)(c)]. Ecology has also provided a recommended change in Appendix C the City may consider. Ecology concludes that the City has chosen not to exercise its option pursuant to RCW 90.58.030(2)(f)(ii) to increase shoreline jurisdiction to include land necessary for buffers for critical areas located within shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical areas with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer shall continue to be regulated by the City's critical areas ordinance. In such cases, the updated SMP shall also continue to apply to the designated critical area, but not the portion of the buffer area that lies outside of SMA jurisdiction. All remaining designated critical areas (with buffers not extending beyond SMA jurisdiction) and their buffer areas shall be regulated solely by the SMP. Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5). Ecology concludes that the City has complied with the requirements of RCW 90.58.100 regarding the SMP amendment process and contents. Ecology concludes that the City have complied with the requirements of RCW 90.58.130 and WAC 173- 26-090 regarding public and agency involvement in the SMP amendment process. Ecology concludes that the City has complied with the purpose and intent of the local amendment process requirements contained in WAC 173-26-100, including conducting open houses and public hearings, notice, consultation with parties of interest and solicitation of comments from tribes, government agencies and Ecology. Ecology concludes that the City has complied with requirements of Chapter 43.21C RCW, the State Environmental Policy Act. Ecology concludes that the City SMP amendment submittal to Ecology was complete pursuant to the requirements of WAC 173-26-110 and WAC 173-26-201(3)(a) and (h) requiring a SMP Submittal Checklist. Ecology concludes that it has complied with the procedural requirements for state review and approval of shoreline master program amendments as set forth in WAC 173-26-120. DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendments are consistent with the policy of the Shoreline Management Act, the applicable guidelines and implementing rules, once required changes set forth in Attachment B are accepted by Edmonds. As provided in RCW 90.58.090(2)(e)(ii) the City may choose to submit an alternative to all or part of the changes required by Ecology. If Ecology determines that the alternative proposal is consistent with the purpose and intent of Ecology's original changes and with RCW 90.58, then the department shall approve the alternative proposal and that action shall be the final action on the amendment. The master program will take effect fourteen days from the date of Ecology's written notice of final action to the local government. Packet Pg. 155 8.1.a Attachment A— Findings and Conclusions City of Edmonds SMP Update SECTION 5: REFERENCES City of Edmonds Shoreline Master Program Public Comment Summary, June 2015 (Attachment C) Department of Ecology Water Quality grant funding guidance document (Appendix L) from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance (Attachment D) Department of Ecology Water Quality Program, Ben Rau correspondence to Edmonds, August 19, 2015 (Attachment E) Packet Pg. 156 ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326) 8.1.a Attachment B: The following changes are required to comply with the SMA (RCW 90.58) and the SMP guidelines (WAC 173-26, Part III). ITEM SIVIP PROVISION Topic Bill Format Changes [underline -additions; stiaffikethiceug4-deletionsl ECOLOGY - DISCUSSION/RATIONALE 1. 24.40.020 Critical Areas Critical Areas B. The City of Edmonds Critical Area Ordinance, as codified in Chapters 23.40 The revised critical areas ordinance was adopted by the Ordinance through 23.90 ECDC (dated N1Avem"eri3, 20"^mod. 352:7May 3, 2016, Ord 4026)- City Council on May 3rd 2016. Correct referencing is Referencing are herein adopted as a part of this Program, except for the specific subsections needed to acknowledge the change. listed below in ECDC 24.40.020.D. All references to the City of Edmonds Critical Area Ordinance in this Program are for this specific version. As a result of this incorporation of the Edmonds Critical Area Ordinance, the provisions of Chapters 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.D, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. In addition to the critical area regulations in Chapters 23.40 through 23.90 ECDC (Appendix B) of this Master Program), the regulations identified in this section also apply to critical areas within shoreline jurisdiction. Where there are conflicts between the City of Edmonds Critical Area Ordinance and this Shoreline Master Program, provisions of the Shoreline Master Program shall prevail. 2. Appendix B SMP Critical Replace Appendix B containing the critical area regulations dated November 23, The SMP Incorporates the revised critical areas Area 2014, Ordinance 3527 with the critical area regulations (minus exceptions noted in ordinance adopted by the City Council on May 3, 2016. Regulations item 4 below) dated May 3, 2016, Ordinance 4026. 3. 24.40.020 Critical Areas CAO 1. Wetlands: ECDC 23.50.040P.3. AnY hatprepeses The revised critical areas ordinance was adopted by the Shoreline project g-G� provisions began 'I 25, through the mechanisms described OR ECDC red City Council on May 3rd 2016. The stricken CAO sections a -h''ff^r CtiO triggered by a 24.^�Q2would require variance. No variance is required f^r have been updated within the new CAO. New CAO -a shoreline shoreline v.;etla^P' Ted C-t+eRce isterit with ECDC provisions do not trigger a shoreline variance. variance b. ECDC 2 n3J-gv.0 0.A.I.h 17, n 2: Qiiffer recI i.- 6OR and alterat*er,r 3. Cish.vJiiaiifc Habitat Conservation Areas ECDC 23.90.040.D2: Reduced and a. h ffPer y.f0 d+hr, h )R n.. +Art structures cxistin-Wit in stream u ers .FCDC .on .nnn .nrT4,HPaI 4. 24.40.020 Critical Areas CAO D. Exceptions. The specific provisions of the Critical Area Ordinance listed below The revised critical areas ordinance was adopted by the Exceptions shall not apply to development within shoreline jurisdiction. City Council on May 3rd 2016. The stricken CAO sections have been updated within the new CAO. Many of the 1. General Provisions: previous CAO exceptions no longer need to be acknowledged within the SMP. as c a� L 0 a n :O n Page 1 of 4 Packet Pg. 157 ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326) 8.1.a ITEM SIVIP PROVISION Topic Bill Format Changes [underline -additions; stFil(ethFewgI4-deletions] DrAwms;mAPS f ehapter )R nn GC}�n,C relatiRg ter ahl f ECOLOGY - DISCUSSION/RATIONALE tFPTyW rtY-with sheFeliRe jWiSd+EtieR� Specifically ECDC prep 72 nn nnn a.P.PI Crnr c. ECDC 23.40.210: Variance e. €CSC �3..n0cRQ: E-Eemtoens 2. Geologically Hazardous Areas: a. ECDC 23.80.040.B.1 & 2: Allowed activities in geologically hazardous areas 1A1 tl-,r.a.-- - Grnr 23 50 910 n• W tland Rating h. ECDC 3.§9.n�P1: StaAdard Ruffer Widths Grnr �� �n nnn F.4: WeTlan� Baffer Width A �cccc c.cv-v�v. �vera-g!Rg. d-. ECDC 23.50.nnn C 4 h: Passive Recreati9n e. €Ejj'D�C �23.50.040.k €xe}}mom} i�ORS } �c f. ECDC _2_2.5��5Q..F- M tigait7lRTTQTCaties g ECDC 23 Cn nCn r• \.Netl@pd_s Cr.haReemeRt @S MitigatiGR 5. 24.40.020 Critical Areas Wetlands Delete 24.40.020.F (1) — (4). The revised critical areas ordinance was adopted by the Deletions are not shown in strike -through here to save space. City Council on May 3rd 2016. The stricken CAO sections have been updated within the new CAO. 6. Part III Shoreline B. Urban Mixed -Use IV: The Urban Mixed -Use IV designation is being established as Changes to this regulation remove the classification of Environments Designation an Ont r;m shoreline designation. is appropriate for those areas bordering T the the Urban Mixed -Use IV designation as an "interim" 24.30.070 Criteria Edmonds Marsh. g The marsh was identified as a shoreline of the state is new designation, and delete the accompanying rationale. Urban Mixed Use 5. Urban to this SIVIP update and was identified as a sheFeline of the st late in the The interim designation is no longer necessary given the Mixed Use IV planning process... , W-with properties within 200-feet of the salt influenced proposed 50 foot marsh buffer (Changes 2 and 3). The portions of the marsh now under shoreline jurisdiction (where they had not changes are consistent with the Planning Commission previously been so designated). Specific review of the effects of establishing a draft SMP which is tailored to existing conditions. The the be changes are consistent with the guidelines requirement sheFelene enviFenment en existing and prepesed uses around FnaFsh must LO n 2 Page 2 of 4 Packet Pg. 158 ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION NO. 1326) 8.1.a ITEM SIVIP PROVISION Topic Bill Format Changes [underline -additions; stFikethFeugl4-deletions] ECOLOGY - DISCUSSION/RATIONALE stud+ed. to base master programs on available scientific and technical information [WAC 173-26-201(2)(a)]. The south side of the marsh has been identified as the future site of the Edmonds Crossing Ferry Terminal which underwent significant environment review with a Final Environmental Impact Statement issued in 2004. On the north side of the One of the original objectives of the interim designation Marsh is the Harbor Square commercial development owned by the Port of was to provide time to secure buffer enhancement grant Edmonds. ;he SMD bipdate piceeess was delayed +^ -,II.,,., the °„r+ Af WpApAd'; funding for the proposed 100 foot marsh buffer time to submit a IeRg - warheic Squa ^ "rite~ Pap f.,r ^ Rt Feview /setback. An August 19, 2015 letter from Ecology's plappe by the C+tf €daseHaFbeia Squaice-N;aste� °was Water Quality Program clarifies that the buffer -fQsed „I+;^^atel„ Ret adopted by the City enhancement grant eligibility for the Edmonds Marsh is a minimum 35 foot buffer width. The Edmonds Marsh is also being studied for potential restoration projects including the daylighting of the Willow Creek outlet as well as the marshes role in Further marsh studies can continue with an SMP that the flooding problem at the Dayton Street/State Route 104 intersection and the incorporates the required changes. Redevelopment of role the marsh and play in a solution to the flooding problem. the Harbor Square and the Chevron sites (Edmonds Crossing Ferry Terminal) are more likely to occur along with needed buffer enhancement and storm water theCity, OR €eeleg treatment improvements which will improve the a�I c:e9peFatieR with picepei:ty ewReFs, , sc:ieRtists ageR 0es�oicgaRizatieRs and me.mbelcsefth to eaFeful�evie;.v e€festsef ecological functions of the Edmonds Marsh. developmeRt well the role the EdMORIEIS Marsh and plaRRed as as ecological plays 0R the City Edie.}d3 TheCityiRteRGISW issues th., of study SUFFOWRdiRg Edmonds Marsh related UrbaR Mixed Use IV des*gnat*E)R fer twe frem and years the P-1-ate this SIVIP. At the the the City will effective ef end of study period, adopt don th whether the entire aFea should have the same .Je& n time , 7. Part IV General Policies and Regulations Development Standards Shoreline Area Designation The required changes align with SMP provisions from the planning commission draft recommended approach to Urban Mixed Use IV Table buffers and setbacks on the Edmonds Marsh, which are 24.40.090 Shoreline Bulk and Dimensional Urban Mixed Use IV tailored specifically to existing conditions. The required changes are consistent with the record developed during Commercial and Light Industrial Development Standards the SMP. Changes are required for consistency with Shore 1n� 65 50 Shore Setback Setback RCW 90.58.100 and WAC 173-26-201(2)(c) and (e) M LO c a� E U CU a r O a a a CU _ O w O U O O v W 4- 0 r-+ _ O E i R d Q Page 3 of 4 Packet Pg. 159 ATTACHMENT B - DEPARTMENT OF ECOLOGY REQUIRED CHANGES TO EDMONDS PROPOSED SMP (11/18/2014, RESOLUTION No. 1326) 8.1.a ITEM SMP PROVISION Topic Bill Format Changes [underline -additions; stFikethF96igI4-deletions] ECOLOGY - DISCUSSION/RATIONALE (protection of ecological functions and environmental impact mitigation). Ecology acknowledges the City Council amendments to the Planning Commission draft were based on a concern that buffers would be need to be 100 feet to be eligible for Ecology water quality grants. As noted in a letter from Ecology's Water program, a restoration project would be eligible based on the science -based planning commission setback of 50 feet (see letter from Ben Rau to Shane Hope, August 19, 2015). g, Part IV General Policies Development 18. Setback for new buildings and expansion of buildings Rew development within The 15 foot buffer setback is consistent with the SMP and Regulations Standards the Urban Mixed -Use IV environment is 499 65 feet. Redevelopment of greater integrated critical areas regulations ECDC 24.40.280 Table than 50% for the Harbor Square property within shoreline jurisdiction and (Building Setbacks). Also see rationale for change 2. 24.40.090 Shoreline development of the site on the south border of the marsh within shoreline Bulk and Dimensional Footnotes jurisdiction require the establishment of a 50-foot vegetation buffer adjacent to Standards the Edmonds Marsh where the vegetative buffer is absent, in combination with a 15 foot structural setback . M LO r c as E V c� a 3 O a a a c O c O U tm O O v W 4- 0 C N E R N .r a Page 4 of 4 Packet Pg. 160 ATTACHMENT C -DEPARTMENT OF ECOLOGY RECOMMENDED CHANGES TO PROPOSED SMP AMENDMENT (11/18/2014, RESOLUTION NO. 1326) 8.1.a Attachment C: The following changes are required to comply with the SMA (RCW 90.58) and the SMP guidelines (WAC 173-26, Part III). 1. 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation as Topic Bill Format Changes [underline -additions; strikethlFeugh-cleletions] c ECOLOGY. — Urban Mixed Within the Urban Mixed Use IV environment, change prohibited (X) to SDP, in the row for This recommended change would provide the city with zoning 0 Use IV allowed "Attached or stacked residential (multifamily)" under the subheading "Residential." flexibility within the Urban Mixed Use IV environment. co uses. Adopting this change would preclude the need for future SMP W amendments should the city modify zoning for that area. LO r Page 1 of 1 Packet Pg. 161 8.1.a City of Edmonds Shoreline Master Program — Comment Summary WA Department of Ecology public comment period: February 25 through March 27, 2015 Summary prepared by David Pater, April 13, 2015. City of Edmonds response to comments added June 11, 2015. Comment # Topic and format INNEEk- Commenter WSpecific Comment Edmonds Response 1. Edmonds Marsh Ken Reidy Clarify SMP Edmonds Marsh l 00-foot buffer Chapter 11 of the SMP Handbook notes, "Shoreline setbacks are the distances buffer/setback Edmonds WA /setback combination. separating two features such as a structure and the water, or a structure and (email) the buffer." The SMP handbook also notes, "Some local governments with intensely developed shorelines have established only setbacks from the OHWM. Vegetation conservation is required, and planting new vegetation, replacing noxious weeds and invasive plants with native plants, and other habitat improvements are required for new or expanded development. These measures meet the requirements of the SMP Guidelines to protect ecological functions, as buffers do." In the City's SMP the definitions for buffer and shore setback are: 24.90.01O.P "Buffer" means the area adjacent to a critical area and/or shoreline that is required for the continued maintenance, function, and/or structural stability of the critical area and/or shoreline. Buffer widths vary depending on the relative quality and sensitivity of the area being protected. Unlike zoning or shore setbacks, buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions and values. 24.90.050.A. "Shore setback" means the minimum distance between a structure or use and the shoreline ordinary high water marl By definition, the buffer is adjacent to the critical area or shoreline and the setback is measured from ordinary high water mark, so if there is both a buffer and setback, they will necessarily overlap. Packet Pg. 162 8.1.a As mentioned above, the SMP handbook notes, "Some local governments with intensely developed shorelines have established only setbacks from the OHWM. Vegetation conservation is required, and planting new vegetation, replacing noxious weeds and invasive plants with native plants, and other habitat improvements are required for new or expanded development." This is essentially the approach taken in the Urban Mixed Use IV Environment. The Shoreline Bulk and Dimensional Standards in 24.40.090 (pgs. 54 - 56) in the SMP list the shore setback for the Urban Mixed Use IV designation as 100150 with a reference to footnote 18 which states, "Setback for new development within the Urban Mixed Use IV environment is 100 feet. New development activities with the Urban Mixed Use IV environment require the establishment of a 50-foot vegetative buffer adjacent to the Edmonds Marsh where the vegetative buffer is absent." Additional vegetation conservation measures are included in 24.40.050 Shoreline Vegetation Conservation as well as 24.40.020 - Critical Areas. 2. Edmonds Marsh Ken Reidy Is the total of 150-feet buffer/setback supported by The total setback/buffer distance in for the Urban Mixed Use IV designation in buffer/setback Edmonds WA the following excerpt from a Memorandum to the the draft SMP is 100 feet. The excerpt referenced is from the Director's (email) Edmonds Planning Board dated October 22, 2014? update to the Planning Board describing the current (as of the drafting of the memo for the October 22, 2014 Planning Board meeting) status of the SMP before the City Council. At the October 21, 2014 Council meeting, the Council revised the SMP to the current 100150 foot setback/buffer combination. 3. Shoreline Ken Reidy A shoreline buffer is an area that is to be maintained The referenced language and comment are regarding Frequently Asked buffers (email) Edmonds WA in an undisturbed state yet allows some development Questions from the Department of Ecology's website and is not language in most situations. How can something be maintained contained in the City of Edmond's SMP. in an undisturbed state, yet allow some development in most situations? 4. Defining Ken Reidy Please provide a definition of shoreline area. Does Edmonds SMP 24.90.050.B "Shoreline areas " and "shoreline jurisdiction " shoreline areas Edmonds WA the shoreline area include the buffer? means all "shorelines of the state " and "shorelands " as defined in RCW (email) 90.58.030. RCW 90.58.030 (d) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a m c 0 W c� M LO a W E 0 a 3 0 0. a Q Packet Pg. 163 8.1.a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. (i) Any county or city may determine that portion of a one -hundred -year - flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom. (ii) Any city or county may also include in its master program land necessary for buffers for critical areas, as defined in chapter 36.70A RCW, that occur within shorelines of the state, provided that forest practices regulated under chapter 76.09 RCW, except conversions to nonforest land use, on lands subject to the provisions of this subsection (2)(d)(ii) are not subject to additional regulations under this chapter; (g) "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state; (e) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes; (f) "Shorelines of statewide significance" means the following shorelines of the state: (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets; m c `o M Cn c� M LO N c a) E M 0 a 3 0 Q. a Q Packet Pg. 164 8.1.a (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows: (A) Nisqually Delta --from De Wolf Bight to Tatsolo Point, (B) Birch Bay --from Point Whitehorn to Birch Point, (C) Hood Canal --from Tala Point to Foulweather Bluff, (D) Skagit Bay and adjacent area --from Brown Point to Yokeko Point, and (E) Padilla Bay --from March Point to William Point; (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide; (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark; (v) Those natural rivers or segments thereof as follows: (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more, (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer; (vi) Those shorelands associated with ()9(1), (ii), (iv), and (v) of this subsection (2); m _ `0 Cn M LO N c as E a 3 0 0. a Q Packet Pg. 165 8.1.a A buffer may be included within the shoreline area. An instance where a buffer would not be within the shoreline area is the buffer on an associated wetland where shoreline jurisdiction ends at the boundary of an associated wetland. 5. EPA and NMFS, Ken Reidy Believes the Edmonds Marsh is classified as a According to the 2004 Best Available Science Report prepared for the City's Minimum Buffer Edmonds WA category c wetland under table L-1 (EPA NMFS 2004 Critical Area Ordinance update, the Edmonds Marsh is a Category I Requirements for buffer requirements) because the water body is wetland. Surface Waters impeded by a man-made structure (e.g. culvert, dam, (email) etc.) which prevents anadromous or ESA listed fish The mapping program associated with Appendix L identifies the two streams access. that run through the marsh in the Category C column. 6. EPA and Ken Reidy Is a 100' setback the same thing as a 100' minimum In the City's SMP the definitions for buffer and shore setback are: NMFS, Minimum Edmonds WA riparian buffer? Buffer 24.90.010.P "Buffer" means the area adjacent to a critical area and/or Requirements for shoreline that is required for the continued maintenance, function, and/or Surface Waters. structural stability of the critical area and/or shoreline. Buffer widths vary (email) depending on the relative quality and sensitivity of the area being protected. Unlike zoning or shore setbacks, buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions and values. 24.90.050.A. "Shore setback" means the minimum distance between a structure or use and the shoreline ordinary high water mark. 7. EPA and Ken Reidy Is a 50' riparian buffer within a 100' setback the same See responses to Comment #1 and Comment #6. NMFS, Minimum Edmonds WA thing as a 100' minimum riparian buffer? Buffer Requirements for Surface Waters. m c L 0 Cn M LO N c aD E 0 a 3 0 L 0. a Q Packet Pg. 166 8.1.a (email) 8. Federal and Ken Reidy Edmonds Marsh: does there have to be a setback from The SMP was developed to be consistent with the SMA. There are many grant state grant funding Edmonds WA the edge of the riparian buffer to meet federal and opportunities and each program has its own funding requirements. The buffer requirements state funding guidelines? guidelines in Appendix L from Department of Ecology's Funding Guidelines (email) for Water Quality Financial Assistance are for three specific grant programs (Centennial Clean Water Program, Clean Water Act Section 319, and Washington State Water Pollution Control Revolving Fund Program). This specific funding guidance document does not mention a setback on buffers. 9. Best Available Ken Reidy Does Best Available Science require a setback from Best Available Science is not a regulation that has specific requirements, rather Science Edmonds WA the edge of a riparian buffer? BAS is used to inform decision making. One reason for including a setback (email) from a buffer is the setback protects the buffer from the impacts related to uses outside of the buffer, such as maintenance on structure. 10. Grant funding Ken Reidy Can the Edmonds SMP just require a 100 ft. riparian The Edmonds SMP could establish a buffer without a setback requirement and guidelines and best Edmonds WA buffer with no setback from the buffer? Question be consistent with the SMA and best available science. The SMP was available science. applies to both funding guidelines and best available developed to be consistent with the SMA. There are many grant opportunities (email) science. and each program has its own funding requirements. The buffer guidelines in Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance are for three specific grant programs (Centennial Clean Water Program, Clean Water Act Section 319, and Washington State Water Pollution Control Revolving Fund Program). This specific funding guidance document does not mention a setback on buffers. 11. Buffer Ken Reidy Does some law or other requirement also require a The SMP was developed to be compliant with the Shoreline Management Act Setbacks (email) Edmonds WA setback from the edge of the buffer? and the Shoreline Management Act does not require a setback from the edge of buffers. 12. US Army Ken Reidy Concerned about the authority the United States While Ecology does administer the Sec. 401 Water Quality Certification, half Corps of Engineers Edmonds WA Army Corps of Engineers has to issue permits to of the federal Clean Water Act authorizations, the review and approval of the wetland permitting applicants to work in and next to the valuable and Sec. 404 authorization is administered by the Corps. There are circumstances, authority fragile resources located along the shorelines of such as the Thuessen wetland, when the Corps can determine that a project (email) Edmonds covered under the Edmonds Shoreline also meets water quality standards and that no further coordination with Master Program. Ecology is required. The Corps is administering federal law and does not have a regulatory role in SMA decisions; the Sec. 404 process is independent of shoreline permitting review by the local jurisdiction and Ecology. Q Packet Pg. 167 8.1.a 13. US Army Ken Reidy Concerned that public notification related to permit For projects that do not qualify for a nationwide permit the Corps does provide Corps of Engineers Edmonds WA applications the United States Army Corps of an opportunity for public comment. Concerns with the Corps' Sec. 404 review wetland permitting Engineers receives, processes, and grants have not process would need to be discussed with the Corps. authority (email) been provided in the past. 14. US Army Ken Reidy Concerned that public comments have not been All shoreline substantial development, conditional use, and variance permits Corps of Engineers Edmonds WA allowed to be made in the past related to permit will have a public comment period. All shoreline conditional use and variance wetland permitting applications the United States Army Corps of permits will require a hearing before the City of Edmonds' Hearing Examiner authority (email) Engineers receives, processes, and grants. as will those substantial development permits that trigger a public hearing in accordance with SMP 24.80.100. Shoreline exemptions do not require a public comment period. 15. US Army Ken Reidy Concerned that there appears to be no specific appeal The SMP does not establish an appeal procedure for Army Corps of Engineers Corps of Engineers Edmonds WA process related to permits issued by the United States permits. Appeal procedures for Army Corps of Engineers permits are detailed wetland permitting Army Corps of Engineers to work in and next to the in 33 CFR Part 331. Appeal procedures for city issued shoreline permits are authority valuable and fragile resources located along the contained in SMP 24.80.110.C. (email) shorelines of Edmonds covered under the Edmonds Shoreline Master Program. 16. US Army Ken Reidy Based on the United States Army Corps of Engineers The Washington State Shoreline Management Act and Edmonds Shoreline Corps of Engineers Edmonds WA historic behavior in the City of Edmonds, I believe Master Program do not have the authority to direct the U.S. Army Corps of Wetland permitting the role the U S Army Corps of Engineers can play Engineers. The U.S. Army Corps of Engineers is governed by federal authority addressed related to the valuable and fragile resources located regulations. within SMP along the shorelines of Edmonds should be covered update. (email) under the Edmonds Shoreline Master Program. SMP 24.10.030.A Uses, developments and activities regulated by this Chapter may also be subject to the provisions of the city of Edmonds comprehensive Plan, the Washington State Environmental Policy Act, Edmonds City Code, and various other provisions of local, state, and federal law, as may be amended. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity. 17. Edmonds Finis Tupper Concerned about how the setback and buffer I believe the reference is to the October 21, 2014 Council meeting. Marsh Urban Edmonds WA 98020 requirements in the Urban IV area (Edmonds Marsh) Mixed Use IV were changed by the City Council on October 31, The City concurs that the SMP update was a long process. It is within the City buffer/setback 2014, 864 days from the Planning staff original Council's authority to make appropriate changes to the SMP (or anything else (email) presentation and after public comment and within their legislative authority) prior to adopting the SMP. As noted in the participation with no scientific support of lesser response to number 20 below, the use of scientific information in the SMP is amount of 50 ft. setback from the 50 ft. buffer. guided by WAC 173-26-201(2)(a). The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of m _ `o Cn co M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 168 8.1.a Ecology consistent with WAC 173-26-201. 18. Ecology SMP Finis Tupper The SMP handbook clearly defines setbacks and See response to Comment #1. handbook buffers as two separate requirements not one (email) requirement that can be combined. Dept. of Ecology response: Concur with Edmonds response. In addition the SMP handbook Ch.I 1 (pg. 2-4) also explains the function of a structural setback from a buffer. A setback from a buffer protects the buffer from the impacts related to use of a structure. This is a very common approach other local SMP use to further protect the integrity of shoreline buffer ecological functions. 19. SMP process Finis Tupper The City staff presentation at the October 21, 2013 I believe the reference is to the October 21, 2014 Council meeting. clarification for Council Meeting and proposed SMP update had a 150 defining Edmonds ft. setback with 50 ft. buffer that equaled 200 feet. Staff advised the Council of the difference between buffers, setbacks, and Marsh buffers and This was the dimension measurement after all the shoreline jurisdiction at several Council meetings (2/26/13, 3/26/13, 6/4/13, setback meetings and public comment. What is confusing, is 12/17/13, 9/2/14, 9/16/14, and 10/21/14). How the vegetative buffer is located (email) this was the first time public was advised the two within the setback was specifically discussed at the December 17, 2013 measures are not separate but combined measurement Council meeting, which is the first time the setback/buffer combination was of both buffer/setback dimensional requirements. The discussed. The images used to show the combination buffer/setback provision setback measurement is from OHWM and not from for the Urban Mixed Use IV environment clearly showed the buffer is to be the 50 ft. buffer line. contained within the setback. 20. Availability of Finis Tupper October 21, 2013 Council Meeting: Councilmember I believe the reference is to the October 21, 2014 Council meeting. marsh buffer Buckshnis apologized to staff for her related documents misunderstanding of the setback/buffer measurements Appendix L from Department of Ecology's Funding Guidelines for Water (email) calculation. She went on to say, she was member of Quality Financial Assistance is a publicly available document. The funding WRIA-8 Board and all the Native Americans want is guidelines are not one of the SMP documents, but was used as other available a 100 ft. setback. She claimed to have a NOAA grant information in determining the size of buffers/setbacks for the Urban Mixed document and offered to supply it to Councilmember Use IV shoreline environment. The funding guidelines and Appendix L was Petso in support of the measurement change in the emailed to the City Council on October 22, 2014. SMP update. City staff noted this document was not available on any of the SMP documents or to the public prior to closing comment. 20. Best Available Finis Tupper I have always thought the Shoreline Management The standards for local government development of Shoreline Management Science Plan updates are required to use "Best Available Programs are detailed in WAC 173-26. The City of Edmonds SMP was (email) Science" and not Grant funding opportunities to developed in accordance with WAC 173-26 as documented in the SMP determine the best measurements for setback/buffer submittal checklist submitted to the Department of Ecology. that protect and preserve natural water/wetland Q Packet Pg. 169 8.1.a features and habitats. With regard to the use of scientific information WAC 173-26-201(2) notes: (a) Use of scientific and technical information. To satisfy the requirements for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 21. Edmonds Finis Tupper The Port of Edmonds, owners of Harbor Square The existing uses and structures at Harbor Square would be nonconforming Marsh Development that abuts the Edmonds Marsh, would uses subject to the requirements of SMP 24.70.000 — 24.70.050. buffer/setback be grandfathered and suffer no damages with a 50 ft. (email) buffer and 150 ft. setback from the vegetation buffer. The Port of Edmonds currently has no applications for constructing new x w m E s c� Q Packet Pg. 170 8.1.a 10 Although the Port has passed a Master Plan that if buildings at Harbor Square within shoreline jurisdiction. Once the SMP approved by the City Council would intensify use and becomes affective, all new development within shoreline jurisdiction will be development that could possibly affect the ecology of subject to the City's SMP. Marsh and proposed day lighting of Willow Creek. 22. Edmonds Finis Tupper I would hope that the Department of Ecology requires Edmonds response: The interim designation for the Urban Mixed Use IV Marsh Edmonds to clear up this confusion and determine if a shoreline environment establishes a 100-foot buffer with the requirement to buffer/setback 50 ft. vegetation buffer and 150 ft. setback for any establish a 50-foot vegetative buffer within the setback. See the response to (email) new development is and was appropriate comment Number 1. measurement for Urban IV area. This is the setback/buffer measurement public believed to be Ecology response: As part of their final review of the Edmonds SMP the Dept. necessary for compliance with the Shoreline of Ecology will evaluate the Urban Mixed Use IV Environment buffer /setback Management Act, it is also the measurement used by for protection of Edmonds Marsh. many counties and cities in Washington. 23. SMP Page 41 Finis Tupper This section of the Edmonds SMP defeats the entire Buffer width averaging is a common practice supported by the Department of item #4: purpose of having a buffer requirement for wetlands Ecology. Department of Ecology's Wetlands & CAO Updates: Guidance for Restricting wetland and shorelines. The proposed process is not open and Small Cities (Publication No. 10-06-002) notes: intrusion and transparent to the public. In fact, the authority solely disturbance. bestowed upon the Director constitutes an Buffer Averaging 24.40.020 17.21. administrative variance without public notice, public Local governments often wish to allow buffer widths to be varied in certain Wetland Buffer hearing and impartial legal decision -making. circumstances. This may be reasonable if your standard buffers are adequate. Width Averaging Edmonds and the environment would be better served The width of buffers may be averaged if this will improve the protection of (email) by requiring any deviation from the buffer wetland functions, or if it is the only way to allow for reasonable use of a requirement be heard and ruled on by the City parcel. Hearing Examiner with appeal to City Council. We recommend that a request for buffer averaging include a wetland report. The report should be prepared by a qualified professional describing the current functions of the wetland and its buffer and the measures that will be taken to ensure that there is no loss of wetland function due to the buffer averaging. The width of the buffer at any given point after averaging should be no smaller than 75% of the standard buffer. The City of Edmonds, at the direction of Ecology, incorporated the wetland Guidance for Small Cities into the SMP and the provisions are consistent with the guidance from the Department of Ecology. 24. Edmonds Finis Tupper The Department of Ecology should require the City of The Department of Ecology will conduct a thorough review of the as _ `o Cn c� M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 171 Marsh Edmonds Shoreline Master Plan require a 100' buffer Urban Mixed Use IV buffer/setback for consistency with State SMP buffer/setback, and delete the word setback to satisfy the buffer guidelines. Urban Mixed Use requirement of Appendix L and Table L-1 of the IV (email) Riparian Restoration Guidelines and adopted by your department, EPA and NOAA. 25. Edmonds Barbara Tipton Friends of the Edmonds Marsh believe Edmonds The Edmonds SMP recognizes the importance of the Edmonds Marsh as Marsh (email) Edmonds WA 98026 Marsh represents a unique opportunity for the evidenced by three specific policies in the SMP relating to the marsh and three community to create a wildlife and recreational area marsh related projected being identified in the Restoration Plan. that attracts visitors to our city. 26. Edmonds Barbara Tipton The Port of Edmonds took issue with the proposed The Port of Edmonds currently has no applications for constructing new Marsh buffer 100 foot setback from the shoreline of the Edmonds buildings at Harbor Square within shoreline jurisdiction. Once the SMP /setback (email) Marsh in the proposed in the SMP. The Port becomes affective, all new development within shoreline jurisdiction will be Commission firmly supports the current 25 foot subject to the City's SMP. setback. They view the setback as "an arbitrary taking of property rights." Yet I haven't seen any proposed development drawings or data that would substantiate the Port's argument that they would suffer financial doom. 27. Edmonds Barbara Tipton All of the hard work will be for naught if the 25-foot The SMP was developed to be consistent with the SMA. There are many grant Marsh buffer Port of Edmonds setback is upheld. State and Federal opportunities and each program has its own funding requirements. The buffer /setback (email) funding will be in jeopardy if we are not in guidelines in Appendix L from Department of Ecology's Funding Guidelines compliance with the SMA. The Edmonds Marsh is for Water Quality Financial Assistance are for three specific grant programs subject to the jurisdiction of the SMA based on (Centennial Clean Water Program, Clean Water Act Section 319, and Washington State Code 173-22-040. Washington State Water Pollution Control Revolving Fund Program). 28. SMP and Diane Buckshnis and We are in total support of the Shoreline Master Noted. Urban Mixed Use Steve Tholl Program for the City of Edmonds which includes the IV Interim Edmonds WA 98020 interim designation of a hundred foot setback/buffer designation (email) in the Urban Mixed Use IV category. 29. Port of Phil Lovell The Port of Edmonds proposed Harbor Square Master Noted. Edmonds proposed P.E., MASCE Plan developed, vetted, and published in 2012 Harbor Square Edmonds, WA 98026 enjoyed universal acceptance and approval by all in Master Plan terms of buffers, setbacks, etc. in conjunction with the (email) Marsh, knowing full well that plans are in the works to restore the Marsh starting with the day lighting of Willow Creek. 30. Edmonds Phil Lovell The current 25 foot 'border zone' and 50 ft. 'no -more- WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at m _ 0 Cn c� M LO c W E 0 a 3 0 Q. a Q Packet Pg. 172 8.1.a 12 Marsh build' buffer contained within those plans and upheld minimum, no net loss of ecological functions necessary to sustain shoreline buffer/setback within the original Planning Board -approved version natural resources and to plan for restoration of ecological functions where (email) of the City SMP are just fine'marsh-preservation they have been impaired." wise', both currently and for the future. While the City's SMP has been developed to assure no net loss of shoreline ecological functions, nothing the SMA or the SMP guidelines contained in WAC 173-26 prohibit the City of Edmonds from exceeding the minimum standard of no net loss. The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority for studies); Conservation Element (SMP 24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. 31. Edmonds Phil Lovell The temporary and/or permanent 100 ft. Edmonds See response to comment number 45. Marsh Marsh buffer/setback passed by the City Council is buffer/setback totally unnecessary, unwarranted, and insults the (email) Port's expressed desires and intentions to fully participate in the well-being of the Marsh. 32. Edmonds A Dexter Chapin The Port of Edmond Commission argues against the Noted. Marsh Edmonds, WA 98020 SMP buffer zones and setbacks. When the SMP was buffer/setback being developed there was a great deal of research, (email) thought, and discussion put into it. The result is based on science and popular will. 33. Port profits vs. A Dexter Chapin The Port's position seems to be based on a short-term The Port of Edmonds currently has no applications for constructing new marsh impacts profit motive. They cannot contract with builders to buildings at Harbor Square within shoreline jurisdiction. Once the SMP (email) make a huge profit in six -story condos that once sold becomes affective, all new development within shoreline jurisdiction will be will generate little income. Short-term income vs. subject to the City's SMP. long-term damage; which will it be? Q Packet Pg. 173 8.1.a 13 34. Edmonds Marsh buffer/setback (Letter and attachments) Robert McChesney Executive Director Port of Edmonds Objects to imposition of expanded buffers and setbacks on Edmonds Marsh and encroachment upon Port's Harbor Square property. Noted. 35. Edmonds Port of Edmonds Record shows existing 25 ft. buffer meets SMA no WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at Marsh buffer net loss criteria, no science to support larger buffers. minimum, no net loss of ecological functions necessary to sustain shoreline /setback (letter natural resources and to plan for restoration of ecological functions where and attachments) they have been impaired." While the City's SMP has been developed to assure no net loss of shoreline ecological functions, nothing the SMA or the SMP guidelines contained in WAC 173-26 prohibit the City of Edmonds from exceeding the minimum standard of no net loss. The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority for studies); Conservation Element (SMP 24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. 36. Edmonds Port of Edmonds SMP proposed 100-foot marsh buffer/setback would Establishing the 100-foot setback/buffer requirement as an interim designation Marsh buffer diminish the value of the Port's Harbor Square will ensure restoration opportunities are maintained while a permanent /setback (letter property for future redevelopment and lost marsh designation and regulations are studied. As the SMP notes: and attachments) restoration opportunities. Establishing the Urban Mixed -Use IV designation as an interim designation will allow the City, in cooperation with property owners, Ecology, scientists, interested agencies/organizations, and members of the public, to carefully review effects of establishing a new shoreline jurisdiction for the area around the marsh on existing and planned development as well as the ecological role as _ `o Cn M LO c as E U M a 3 0 Q. a Q Packet Pg. 174 8.1.a 14 the Edmonds Marsh plays in the City of Edmonds. 37. Edmonds Port of Edmonds SMP proposed 100-foot marsh buffer/setback would See response to 36. Marsh buffer foreclose Edmonds Marsh restoration (buffer /setback (letter enhancement, storm water mgt. upgrades) for lack of and attachments) Harbor Square redevelopment economic feasibility. 38. Edmonds Port of Edmonds SMP record demonstrates flaws in City's justification The standards for local government development of Shoreline Management Marsh buffer for proposed 100-foot marsh buffer/setback and Programs are detailed in WAC 173-26. The City of Edmonds SMP was /setback critical gaps in its determination. The Port believes developed in accordance with WAC 173-26 as documented in the SMP justification the expanded buffers/setbacks as presented in their submittal checklist submitted to the Department of Ecology. (Letter and SMP is arbitrary, capricious and completely attachments) unnecessary. With regard to the use of scientific information WAC 173-26-201(2) notes: (a) Use of scientific and technical information. To satisfy the requirements for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- as _ `o Cn c� M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 175 8.1.a 15 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 39. Edmonds Port of Edmonds The Port requests that DOE consider all the facts The Department of Ecology will conduct a thorough review of the Marsh and issues as required by law, and that DOE overrule Urban Mixed Use IV buffer/setback for consistency with State SMP buffer/setback the City in this particular instance to maintain the guidelines. Justification existing marsh buffer and/or setback to a total of 25 (Letter and feet. attachments) 40. Edmonds Port of Edmonds The SMP proposes a 50-foot buffer and overlapping A careful review of the city's SMP reveals that the buffer and setback serve Marsh (K & L Gates) 100-foot setback, without the City substantiating this different purposes. WAC 173-26-201(2)(a) does not require that only buffer/setback buffer/setback area with any valid applicable scientifically purposes be served by the SMP. While there is some underlying Justification scientific information required by the WA State scientific justification behind the 100-foot setback, its primary purpose is to (Letter and Shoreline Management Act, 90.58 RCW (SMA) and put the city in a better position to receive grant funding to restore the marsh. attachments) applicable SMA implementing regulations. The Department of Ecology "has increased the minimum requirements for riparian buffers to protect and restore salmon fisheries and achieve water quality standards. These new requirements apply to funding for projects that address nonpoint pollution problems, including Section 319 grants, Centennial Clean Water Fund grants or loans, and the Water Pollution Control State Revolving Fund loans." Department of Ecology Funding Guidelines, Appendix L. In Western Washington, these funding guidelines require a 100-foot minimum buffer for Perennial, intermittent and ephemeral waters that are identified as being accessed or were historically accessed by anadromous or ESA listed fish species. It was proper for the city to take these funding guidelines into account as economic and other pertinent data under WAC 173- 26-201(2)(a) and RCW 90.58.100. 41. Edmonds Port of Edmonds Because the 100-foot buffer/setback is unlawful and The Department of Ecology will conduct a thorough review of the Marsh buffer / (K & L Gates) invalid under applicable SMA standards, Urban Mixed Use IV buffer/setback for consistency with State SMP setback The Port requests that Ecology identify a 25-foot guidelines. Justification buffer as necessary to comply with the relevant (Letter and provisions of the SMA (with no additional setback). attachments) Q Packet Pg. 176 8.1.a 16 42. Summary of Port of Edmonds The 100-foot buffer/setback is unsupported RCW 90.58.100(1) states: "In preparing the master programs, and any SMP violations of (K & L Gates) by the most current accurate and complete amendments thereto, the department and local governments shall to the extent the SMA and scientific information available. feasible:... (e) Utilize all available information regarding hydrology, applicable geography, topography, ecology, economics, and other pertinent data...." Ecology SMA Regulations Further elaborating on the statutory requirement, WAC 173-26-201(2)(a) (Letter and states: "The requirement to use scientific and technical information in these attachments) guidelines does not limit a local jurisdiction's authority to solicit and incorporate information, experience, and anecdotal evidence provided by interested parties as part of the master program amendment process. Such information should be solicited through the public participation process described in WAC 173-26-201 (3)(b). Where information collected by or provided to local governments conflicts or is inconsistent, the local government shall base master program provisions on a reasoned, objective evaluation of the relative merits of the conflicting data." Read together, these provisions allow the city to solicit and incorporate not only scientific and technical information but also economic information and other pertinent data. The city has some discretion to balance these various sources of information in crafting its program. So, the latest scientific data is not the sole factor to be considered by the City. 43. Summary of Port of Edmonds The 100-foot buffer/setback is not supported by See response to Number 42. SMP Violations of (K & L Gates) scientific or biological information and fails to the SMA and meet the SMP regulatory requirement that it be Applicable based on "most current, accurate, and complete Ecology SMA scientific or technical information available." Regulations WAC 173-26-20I (2)(a). (Letter and attachments) 44. Summary of Port of Edmonds The 100-foot figure was derived from a grant The standards for local government development of Shoreline Management SMP Violations of (K & L Gates) funding guidance document (known as Appendix Programs are detailed in WAC 173-26. The City of Edmonds SMP was the SMA and L) that applies to different types of water bodies developed in accordance with WAC 173-26 as documented in the SMP Applicable and different ecological functions and values, submittal checklist submitted to the Department of Ecology. Ecology SMA inapplicable to the ecological conditions present at Regulations Marsh. (See Ex. A.) Appendix L is applicable to With regard to the use of scientific information WAC 173-26-201(2) notes: (Letter and streams, not wetlands, and does not contemplate (a) Use of scientific and technical information. To satisfy the requirements Q Packet Pg. 177 8.1.a 17 attachments) the ecological functions and values at issue here. for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 45. The SMP Port of Edmonds The current SMP hinders redevelopment of Harbor WAC 173-26-186(8)(c) states: "For counties and cities containing any prevents improve- (K & L Gates) Square (see Ex. B), and therefore inhibits and shorelines with impaired ecological functions, master programs shall include ments to the interferes with the "unique opportunity," (Stockdale goals and policies that provide for restoration of such impaired ecological Ecology of the DOE letter to Mayor Earling 3/11/2014) functions.... These master program elements regarding restoration should Marsh (Letter and make real and meaningful use of established or funded nonregulatory policies attachments) and programs that contribute to restoration of ecological functions, and should appropriately consider the direct or indirect effects of other regulatory or nonregulatory programs under other local, state, and federal laws, as well as any restoration effects that may flow indirectly from shoreline development Q Packet Pg. 178 8.1.a 18 regulations and mitigation standards." This comment from the Port may be mooted in large part by the Port's recent improvements to the existing Harbor Square improvements. On April 7, 2015, Port Commissioner Fred Gauge provided an update to the City Council regarding Harbor Square, noting the Master Plan has been shelved by the Port Commission. Commissioner Gauge recounted that in the last year, the Port spent nearly $1 million for roofs and new HVAC systems in buildings 1, 2 and 5. In 2015 the Port plans to replace the roofs and HVAC on buildings 3 and 4 at a cost of approximately $750,000. Commissioner Gauge suggested that the Port made these 20-year improvements believing that the current zoning would not make redevelopment feasible. Harbor Square includes approximately 102,000 square feet of office space and is currently about 83% occupied. Considering that the Port has mothballed its redevelopment plans, it would appear that the most effective policies and programs to restore ecological functions are the ones that involve grant funding, which makes the inclusion of the 100-foot setback entirely appropriate. The approach to restoration planning may vary significantly among local jurisdictions, depending on, among other things, the availability of grants. WAC 173-26-201(f). 46. The SMP Port of Edmonds As Ecology acknowledged in its March 2014 Letter See response to number 45. prevents improve- (K & L Gates) on the SMP, "redevelopment activities in urban ments to the environments can be a 'friend of the environment' Ecology of the and can generate some of the funding necessary to Marsh (Letter and improve the ecological functions of wetlands and the attachments) critical areas they border." 47. The SMP Port of Edmonds The SMP and the City's process failed to analyze See response to number 45. prevents improve- (K & L Gates) the negative impact of the 100-foot buffer/setback ments to the on redevelopment of Harbor Square, and the Ecology of the resulting improvements to the Marsh which Marsh (letter and would flow from redevelopment in the form of attachments) funded mitigation, as required by WAC 173-26- 186(8)(c). Such redevelopment would include upgrading the property's storm water runoff controls, thereby improving the conditions at the Marsh. Q Packet Pg. 179 8.1.a 19 48. The SMP Port of Edmonds The SMP fails to consider indirect restoration See response to number 45. prevents improve- (K & L Gates) effects that may flow from a 25-foot buffer; WAC ments to the 173-26-186(8)(c) requires SMPs to consider Ecology of the "restoration effects that may flow indirectly from Marsh (letter and shoreline development regulations." In addition, attachments) imposing buffers on developed property is inconsistent with the Shoreline Guidelines. 49. The setback is Port of Edmonds This additional 50-ft. setback area functions as no See response to number 40. a buffer in disguise (K & L Gates) more than a "buffer in disguise". The concept of a (letter and "setback" arose in the City's deliberations only after attachments) it became clear that scientific information did not support the City's prior proposal. 50. The setback is Port of Edmonds The City has not articulated a substantive See response to number 40. a buffer in disguise (K & L Gates) difference between the functions of the buffer and (letter and the setback area in its SMP, and the record shows attachments) that the City seeks to comply with only the letter of Ecology's 50-foot buffer recommendation. This result violates the SMA requirement that SMPs be based on the most current, accurate, and complete scientific or technical information available. z x w m E s c� Q Packet Pg. 180 8.1.a 20 51. The buffer/ Port of Edmonds The City has not complied with the SMA's With an interim official control adopted under RCW 90.58.590, it is setback is invalid (K & L Gates) statutory requirements regarding interim controls. contemplated that such an interim measure would sunset automatically after as an interim SMA interim controls are limited to six-month six months if not replaced with a permanent regulation or renewed for another measure under the intervals (RCW 90.58.590), but the City proposes six month period. By default, such expiration would ordinarily leave the SMA (letter and an interim buffer/setback control for a two-year preexisting shoreline regulation in place. With the Interim Urban Mixed Use attachments) duration. The current SMP is legally defective and IV environment, there is no preexisting shoreline regulation because the area is will be void for failure to comply with RCW new to the shoreline jurisdiction. Note the absence of any language about 90.58.590. expiration in the regulation. So, the city's use of "interim" in this context should not be construed as an interim official control under RCW 90.58.590. Rather, it should be construed as an expression of legislative intent to revisit this environment within the two-year period and adopt some kind of amendment, either by removing the "interim" descriptor if no substantive changes are desired or by adopting a substantive amendment to the regulations for this environment. By using this language, the city is signaling its intent to update this environment six -years sooner than the normal eight -year update cycle. RCW 90.58.590 is not applicable here. 52. Edmonds Port of Edmonds An economic analysis of the impacts on Harbor See response to Number 45. Marsh (K & L Gates) Square redevelopment concludes a 100-foot buffer/setback M a r s h buffer/setback would significantly impede if redevelopment not preclude redevelopment of the property, impacts (letter and preventing mitigation and wetlands improvement attachments measures that would be funded by redevelopment. item II) 53. Interim Urban Port of Edmonds The City has styled the 100-foot buffer/setback as See response to Number 51. Mixed Use IV (K & L Gates) an interim measure applicable for two years. designation ((letter However, minutes of Council meetings reveal that a and attachments full amendment to the SMP would be required to Item II) modify the buffer/setback. 54. Incorporation Port of Edmonds The City is required to "base master program See response to Number 42. of most current (K & L Gates) provisions on an analysis incorporating the most information (letter current, accurate, and complete scientific or and attachments) technical information available." WAC 173-26- (Item III) 201(2)(a) 55. Incorporation Port of Edmonds RCW 90.58.020 requires local governments to See response to Number 42. of most current (K & L Gates) comply with RCW 90.88.100, which requires use of information (letter all available information regarding hydrology, Q Packet Pg. 181 8.1.a 21 and attachments) geography, topography, ecology, economics and (Item III) other pertinent data. If conflicting data is encountered, or the public participation process reveals experience or anecdotal evidence that is contrary to the scientific information, the City is required to "base master program provisions on a Reasoned, objective evaluation of the relative merits of the conflicting data." WAC 173-26-201 (2)(a)(iii) 56. No net loss of Port of Edmonds Master programs "shall include policies and The standards for local government development of Shoreline Management ecological (K & L Gates) regulations designed to achieve no net loss of ... Programs are detailed in WAC 173-26. The City of Edmonds SMP was functions (letter [shoreline] ecological functions." WAC 173-26- developed in accordance with WAC 173-26 as documented in the SMP and attachments) 186(8)(b) submittal checklist submitted to the Department of Ecology. One of the (Item III) guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. 57. Buffer and Port of Edmonds The City is not making a meaningful distinction See response to Number 40. Setback (K & L Gates) between "buffers"and"setbacks"— the only source distinctions (letter cited is Appendix L (funding guidance for water and attachments) quality grant programs), which does not (Item IV) recommend setbacks, only buffers. 58. Appendix L Port of Edmonds The Appendix L information relied on by the City See responses to Number 40 and 44. (funding guidance (K & L Gates) was prepared not for purposes of protecting for water quality shoreline -related ecological functions and values grant programs) of wetlands, but for streams in another context (letter and (i.e., grant funding eligibility). The City has attachments) inappropriately applied Appendix L to the SMP. (Item V) 59. Appendix L Port of Edmonds The City has misapplied the Appendix L guidelines See response to Number 44. (funding guidance (K & L Gates) even to the stream that is mapped within the Marsh. for water quality Ecology maps reveal streams that do pass through grant programs) certain portions of the southern and eastern areas of (letter and the Marsh —Willow and Shellabarger Creeks. But attachments) the closest mapped stream passes more than 100' (Item V) from Harbor Square. m _ `o Cn M LO c a� E U M a 3 0 Q. M Q Packet Pg. 182 8.1.a 22 60. Proposed 100- Port of Edmonds The City has failed to meet its scientific burden See response to Number 42. ft. buffer/setback (K & L Gates) with respect to the Edmonds Marsh buffer/setback, not based on the and the SMP lacks a scientific basis on which to "most current, base a 100-foot buffer/setback from the Marsh. accurate and complete scientific ... information". WAC 173-26-201 (2)(a) (letter and attachments) (Item V) 61. Imposition of Port of Edmonds Imposition of development regulations (i.e., buffers The standards for local government development of Shoreline Management development (K & L Gates) and setbacks) on developed property is inconsistent Programs are detailed in WAC 173-26. The City of Edmonds SMP was regulations (letter with the Shoreline Guidelines. Master Programs developed in accordance with WAC 173-26 as documented in the SMP and attachments) must include "regulations to achieve no -net -loss of submittal checklist submitted to the Department of Ecology. One of the (Item V) functions". WAC 173-26-186(8)(b) guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. 62. Restoration Port of Edmonds S MP uses regulations to try to achieve restoration in Because one of the city's main restoration strategies is to qualify for grant (letter and (K & L Gates) a manner inconsistent with the SMP Guiding funding, the city's SMP must be consistent with the funding guidelines in attachments) Principles, which omit shoreline regulations as a Appendix L. Hence, the 100-foot setback cannot be looked at merely as a (Item V) tool for forcing restoration under WAC 173-26- regulation designed to restore ecological function. It must also be viewed 186(8) (c). through its indirect effect on the city's ability to obtain grant funding to restore the marsh. It should be noted that the 100-foot setback regulation only has direct effect if and when redevelopment occurs near the marsh. And, as noted above, the Port's recent actions and statements suggest that redevelopment could be twenty years away. 63. Buffer Port of Edmonds City Council minutes fail to reveal why 50 feet See response to Number 40. justification (K & L Gates) should be justified as a setback, and not a buffer. (letter and attachments) (Item V) 64. Marsh setback Port of Edmonds Ecology should view the entire 100 feet for what it The Department of Ecology will conduct a thorough review of the as _ `o W c� M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 183 8.1.a 23 role (letter and (K & L Gates) is, an attempt to establish a buffer by another name. Urban Mixed Use IV buffer/setback for consistency with State SMP attachments) Allowing regulation by relabeling would set a guidelines. (Item V) dangerous precedent and undermine the purpose of the SMA. 65. Buffer Port of Edmonds Landau Associates has concluded that the existing See responses to comment Numbers 35, 42, and 44. expansion (K & L Gates) buffer width at Harbor Square of 25 feet meets the justification (letter "no net loss" criteria. (Ex. A at 4.) The City has and attachments) failed to establish any scientific basis to support (Item V) expanding the buffer/setback area beyond that limit. 66. SMP precludes Port of Edmonds The City was required to "appropriately consider the See response to Number 52. beneficial marsh (K & L Gates) direct or indirect effects of other regulatory or non - mitigation and regulatory programs under other local, state, and failed to consider federal laws, as well as any restoration effects that restorative effects may flow indirectly from shoreline development (letter and regulations and mitigation standards". WAC 173-26- attachments) 186(8)(c) (Item VI) 67. SMP precludes Port of Edmonds The City should have considered that a 100-foot See response to Number 52. beneficial marsh (K & L Gates) buffer/setback would impede Harbor Square mitigation and redevelopment as an indirect effect of its regulation, failed to consider while a 25-foot buffer would allow restoration. restorative effects (letter and attachments) (Item VI) 68. A two-year Port of Edmonds The SMP is required to limit interim controls to See response to Number 51. interim designation (K & L Gates) six-month durations, and further requires is prohibited by the compliance with the procedures and standards set SMA (letter and forth in RCW 90.58.590. The City has not complied attachments) with this statutory provision, and accordingly, the (Item VII) two-year "interim" buffer/setback designation is invalid as a matter of law. 69. Conclusion Port of Edmonds The Port respectfully requests that Ecology The Department of Ecology will conduct a thorough review of the (letter and (K & L Gates) specify a modification to the SMP requiring a 25- Urban Mixed Use IV buffer/setback for consistency with State SMP attachments) (Item foot buffer, and no additional setback, surrounding guidelines. VII) the Edmonds Marsh. as _ `o W M LO c as E 0 M a 3 0 Q. a Q Packet Pg. 184 8.1.a 24 70. Edmonds Port of Edmonds Based on a review of available information from the The standards for local government development of Shoreline Management Marsh buffer/ (Landau Associates) City and the Ecology chapter 11 SMP Handbook, no Programs are detailed in WAC 173-26. The City of Edmonds SMP was setback scientific or technical information or logical process developed in accordance with WAC 173-26 as documented in the SMP inconsistent with is available that supports the City Council's submittal checklist submitted to the Department of Ecology. Ecology SMP application of a 100-ft setback for the Edmonds handbook (letter Marsh. With regard to the use of scientific information WAC 173-26-201(2) notes: and attachments) (a) Use of scientific and technical information. To satisfy the requirements (Item A) for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 71. Edmonds Port of Edmonds The recommended 100-ft buffer/setback is The SMP handbook notes, "Some local governments with intensely developed Q Packet Pg. 185 8.1.a 25 Marsh buffer/ (Landau Associates) inconsistent with Ecology recommendations within shorelines have established only setbacks from the OHWM. Vegetation setback chapter I I of the SMP Handbook for areas with conservation is required, and planting new vegetation, replacing noxious inconsistent with similar highly developed conditions. weeds and invasive plants with native plants, and other habitat improvements Ecology SMP are required for new or expanded development." This is essentially the handbook (letter approach taken in the Urban Mixed Use IV Environment. The Shoreline Bulk and attachments) and Dimensional Standards in 24.40.090 (pgs. 54 - 56) in the SMP list the (Item A) shore setback for the Urban Mixed Use IV designation as 100150 with a reference to footnote 18 which states, "Setback for new development within the Urban Mixed Use IV environment is 100 feet. New development activities with the Urban Mixed Use IV environment require the establishment of a 50- foot vegetative buffer adjacent to the Edmonds Marsh where the vegetative buffer is absent." Additional vegetation conservation measures are included in 24.40.050 Shoreline Vegetation Conservation as well as 24.40.020 - Critical Areas. 72. The 100-ft Port of Edmonds Justification for the proposed setback does not Edmonds Response: See response to Comment #70. setback proposed (Landau Associates) follow a logical process outlined by Ecology by the City guidance (chapter I I SMP Handbook). Ecology Response: Concur with Edmonds response. In addition the Urban Council is Mixed Use IV Environment buffer/setback will be evaluated within Ecology's inconsistent with final SMP review, this will include review of the referenced supporting the requirements of scientific and technical information outlined in WAC 173-26-201 (2) (a). WAC 173-26- 201(2)(a) (letter and attachments) (Item A) 73. The 100-ft Port of Edmonds Appendix L of the Funding Guidelines is The standards for local government development of Shoreline Management setback proposed (Landau Associates) associated with grant funding for water pollution Programs are detailed in WAC 173-26. The City of Edmonds SMP was by the City control projects and specific to riparian buffers. It is developed in accordance with WAC 173-26 as documented in the SMP Council is not applicable scientific or technical information for submittal checklist submitted to the Department of Ecology. inconsistent with development of the City's SMP as referenced in the requirements of Ecology SMP technical assistance documentation. With regard to the use of scientific information WAC 173-26-201(2) notes: WAC 173-26- Furthermore, it is not applicable to the Edmonds (a) Use of scientific and technical information. To satisfy the requirements 201(2)(a) (letter Marsh, which is a wetland. for the use of scientific and technical information in RCW 90.58. 1 00(l), local and attachments) governments shall incorporate the following two steps into their master (Item A) program development and amendment process. as _ `o Cn c� M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 186 8.1.a 26 First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 74. Current 25-ft. Port of Edmonds Based on the P o rt' s knowledge of the physical WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at buffer meets no net (Landau Associates) characteristics of the Edmonds Marsh and the minimum, no net loss of ecological functions necessary to sustain shoreline loss of ecological adjacent Harbor Square properties, and review of the available documentation and testimony from the Port natural resources and to plan for restoration of ecological functions where functions (letter of Edmonds, City staff, and Ecology they have been impaired." and attachments) correspondence, it is our opinion that the existing (Item A) 25-ft buffer meets the state "no net loss" criteria. While the City's SMP has been developed to assure no net loss of shoreline ecological functions, nothing the SMA or the SMP guidelines contained in WAC 173-26 prohibit the City of Edmonds from exceeding the minimum standard of no net loss. The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority for studies); Conservation Element (SMP Q Packet Pg. 187 8.1.a 27 24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. 75. Land Value Port of Edmonds An additional 75 feet of buffer /setback applied to "The policy goals for the management of shorelines harbor potential for and Ground Rent (Macaulay & Harbor Square reduces the developable footprint conflict." WAC 173-26-176. One of these policy goals is to "Protection and (letter and Associates) by 2.2± acres, the reduction in land value to the restoration of the ecological functions of shoreline natural resources." WAC attachments) Port of Edmonds is over $3.1 million. The cost to 173-26-176(3)(c). Another one of these policy goals is to "Recognizing and (Item B) the Port in ground rent due to this proposal is protecting private property rights." WAC 173-26-176(3)(h). There is obvious approximately $250,000 per year. tension between these two policy goals because it is not likely that former can be achieved on a voluntary basis without any regulation. Assuming for the sake of argument that the port's property interests should be viewed the same way as private property rights, concern for these rights must be balanced with the city's desire to restore the ecological functions of the marsh. The city believes that these regulations achieve that balance. 76. Development Port of Edmonds Harbor Square is constrained by rezoning limitations, See response to Number 75. Potential (letter (Macaulay & building height, parking and high water table, the and attachments) Associates) p r o p o s e d 10 0 f t. buffer/setback adds further (Item B) constraints to development flexibility, which impacts the ability of the Port to attract a development partner. 77. Development Port of Edmonds The prevailing trend in this area has been for See response to Number 75. Potential (letter (Macaulay & developers to construct as much building as and attachments) Associates) physically possible while staying w i t h i n z o n i n g (Item B) code requirements. Structural parking costs are ten times more expensive than surface parking which means the 50 outer setback would be used for parking if Harbor Square is redeveloped. Q Packet Pg. 188 8.1.a 28 78. Effect on Tax Port of Edmonds The reduced building area f r o in t h e 10 0 - See response to Number 75. Base (letter and (Macaulay & f t . buffer / s e t b a c k would cost $930,000 to attachments) Associates) $1,460,000 million in non -recurring revenues to (Item B) affected governments and public agencies, and the estimated cost to the City of Edmonds is $121,000 to $167,000. For recurring revenues, the annual costs are $261,000 to $314,000 overall, and $56,000 to $64,000 to the city. 79. Effect on the Port of Edmonds Not including jobs from new construction and Job creation is not a policy goal of the Shoreline Management Act. Economy (letter (Macaulay & multiplier effects, a new 50,800 SF commercial and attachments) Associates) building would directly add at least 135± jobs to (Item B) the local economy. At a state -level multiplier of 1.9, the total economic impact is 257 jobs to the city. 80. Effect on the Port of Edmonds With the existing 25-foot buffer, the property is See response to Number 75. Environment (Macaulay & more marketable and enhancements like upgraded (letter and Associates) storm water treatment would occur sooner than attachments) otherwise. (Item B) 81. Effect on the Port of Edmonds With the proposed 100-ft. buffer/setback, See response to Number 75. Environment (Macaulay & the time horizon is indefinitely lengthened for (letter and Associates) attracting a developer to improve storm water attachments) detention and make other ecological enhancements (Item B) as part of redevelopment. 82. Overall impact Port of Edmonds The public is less served by buildings that are See response to Number 75. of delaying Harbor (Macaulay & nearing the ends of their economic lives at a Square Associates) prime gateway location that is poised for new and redevelopment improved uses, and these uses would be more (letter and aligned with the Edmonds community and better attachments) serve its commercial needs. (Item B) 83. Edmonds Kojo Fordjour, AICP A Record of Decision (ROD) for the proposed The 100-foot setback/buffer in the Edmonds SMP from the Edmonds Marsh is Marsh Urban Environmental and Edmonds Crossing ferry terminal project dated July consistent with the ROD for the Edmonds Crossing Project as depicted on Mixed Use IV Permitting Manager 2005 was issued with a 100 feet buffer zone for the Figure 2-3 Modified Alternative 2. 100-foot setbacks associated with Willow buffer/setback Washington State Edmonds Marsh. However, the proposed 100 foot Creek would impact the Edmonds Crossing Project. It should be noted that the (letter) Ferries setback for the marsh in the SMP will limit WSF's existing critical area regulations (proposed to be incorporated in the SMP) also Q Packet Pg. 189 8.1.a 29 Seattle, WA 98121 ability to implement the mitigation and buffer require a 100 buffer from the ordinary high water mark of Willow Creek. enhancements proposed in the ROD. The SMA and Edmonds SMP allow for a variance from the SMP provisions which is ultimately decided by the Department of Ecology. The ROD could be used as support for a variance application. Transportation facilities such as ferry terminals are permitted consistent with the requirements outlined in SMP 24.60.080 84. Edmonds Kojo Fordjour WSF The City's proposed 100 foot setbacks would It has been more than 10 years since the FEIS for the Edmonds Crossing was Marsh Urban increase the Edmonds Crossing project impacts to issued. Once development permits are submitted for an actual project, Mixed Use IV Edmonds Marsh, and create a need for additional SEPA/NEPA documents should be reviewed for changed circumstances and buffer/setback mitigation or project redesign. Requiring a National updated as needed. (letter) Environmental Policy Act (NEPA) re-evaluation and possible supplemental Environmental Impact Statement, in addition to updates to other required State, Federal and local permits. 85. Edmonds Kojo Fordjour WSF Creating a setback of 100 feet around Edmonds The 100-foot setback/buffer in the Edmonds SMP from the Edmonds Marsh is Marsh Urban Marsh and Willow Creek would jeopardize WSF's consistent with the ROD for the Edmonds Crossing Project as depicted on Mixed Use IV ability to develop the new ferry terminal on the Figure 2-3 Modified Alternative 2. 100-foot setbacks associated with Willow buffer/setback Unocal site. This has the potential to preclude the Creek would impact the Edmonds Crossing Project. It should be noted that the (letter) siting of the Edmonds Ferry Terminal, an essential existing critical area regulations (proposed to be incorporated in the SMP) also water dependent public facility on the Unocal Site. require a 100 buffer from the ordinary high water mark of Willow Creek. The SMA and Edmonds SMP allow for a variance from the SMP provisions which is ultimately decided by the Department of Ecology. The ROD could be used as support for a variance application. Transportation facilities such as ferry terminals are permitted consistent with the requirements outlined in SMP 24.60.080 86. Edmonds Kojo Fordjour WSF WSF therefore asks the City to either grandfather Washington State vesting laws specifically vest land use control ordinances at Marsh Urban the Edmonds Crossing Project or only keep the the time a complete building permit is filed (RCW 19.27.095). The 100-foot Mixed Use IV existing 100 foot- buffer dimension for the Edmonds buffer/setback associated with the Edmonds Marsh is consistent with the as _ `o Cn c� M LO N c a) E 0 a 3 0 Q. a Q Packet Pg. 190 8.1.a 30 buffer/setback Marsh. Edmonds Crossing FEIS. As noted in response to Comments Nos. 83 and 85, (letter) transportation are permitted consistent with SMP 24.60.080 and there is a process available to WSDOT to achieve the preferred alternative discussed in the Edmonds Crossing FEIS. 87. Edmonds Kojo Fordjour, WSF WSF recommends that the baseline for the "no -net- In accordance with the SMA, the baseline for no -net -loss is the Shoreline Marsh Urban loss" of ecological functions of the marsh and its Inventory and Characterization. Also as noted in a number of comments, no Mixed Use IV environs at the Unocal site be based on the 2005 net is a minimum standard for SMPs. buffer/setback ROD and associated environmental studies, (letter) documents, mitigation agreements, plans, and design. 88. Edmonds Kojo Fordjour, WSF WSF believes that the proposed project is The City concurs. As noted in the comments above, the 100-foot Marsh Urban consistent with the regulatory requirements of the buffer/setback from the Edmonds Marsh is consistent with the 100-foot buffer Mixed Use IV Shoreline Master Program, ECDC from the marsh associated with the Edmonds Crossing project. buffer/setback 24.40.020.F.2.c, which addresses required (letter) measures to minimize impacts to wetlands. 89. Edmonds Chris Koser Please do not allow The Port of Edmonds to proceed The Port of Edmonds currently has no applications for constructing new Marsh Urban Edmonds, WA 98020 with their request to permit any new buildings closer buildings at Harbor Square within shoreline jurisdiction. Once the SMP Mixed Use IV to the Edmonds Marsh than the 100 feet that the City becomes affective, all new development within shoreline jurisdiction will be buffer/setback of Edmonds Council approved in the past few years. subject to the City's SMP. (email) 90. Edmonds Sheri and Dave Urge you to please establish the setbacks/buffers at The standards for local government development of Shoreline Management Marsh Urban Buelow the Edmonds Marsh at the maximum amount possible Programs are detailed in WAC 173-26. The City of Edmonds SMP was Mixed Use IV Edmonds, WA 98020 for the following reasons: developed in accordance with WAC 173-26 as documented in the SMP buffer/setback -The Marsh is a local and regional treasure. submittal checklist submitted to the Department of Ecology. One of the (email) -The Port proposed 60 ft. buildings next to the Marsh guiding factors for the SMP regulations is that the SMP result in no net loss of in order to have setbacks along Dayton Street ecological functions. The City's Cumulative Impacts Analysis submitted in -Harbor Square proposal did not provide study of support of the SMP documents how the City's SMP meets the no net loss potential of bird strikes nor reflective heat associated requirement. with 55' walls of southern exposure reflective glass on the Marsh and animal inhabitants. The Port of Edmonds currently has no applications for constructing new buildings at Harbor Square within shoreline jurisdiction. Once the SMP becomes affective, all new development within shoreline jurisdiction will be subject to the City's SMP. 91. Marsh no net Sheri and Dave The Port's no -net -loss concerns about the 100 ft. The City's Cumulative Impacts Analysis submitted in support of the SMP loss issues (email) Buelow buffer/setback are largely unfounded. documents how the City's SMP meets the no net loss requirement. a� _ `o W co M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 191 8.1.a 31 92. Marsh Sheri and Dave The Port is not going to suffer real negative financial Noted. buffer/setback Buelow impact with larger setbacksibuffer, rather it is a impacts on the Port reduction from valuations contrived by their own of Edmonds calculations which are based on past problems of their (email) own making, and wishful valuations based on zoning changes no one else in the City could get, or likely would even ask for. 93. Edmonds Sheri and Dave The Marsh is being made a pawn in a quest for Noted. Marsh (email) Buelow enhanced development rights. While the Port's words portray a love for the Marsh, their actions are the opposite. 94. Edmonds Donald E. Mohs As you review proposals to restore the Edmonds The standards for local government development of Shoreline Management Marsh Urban Edmonds, WA Marsh, please consider that, at a minimum, a setback Programs are detailed in WAC 173-26. The City of Edmonds SMP was Mixed Use IV of 100 feet is needed. Anything less will cause great developed in accordance with WAC 173-26 as documented in the SMP buffer/setback harm to the marsh. I ask for your support in restoring submittal checklist submitted to the Department of Ecology. One of the (email) this wonderful natural resource. guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. 95. Edmonds Tere Ryder This is an exciting time for our community to have a Noted. Marsh Urban Edmonds WA 98020 chance on moving forward in restoring this beautiful Mixed Use IV environment here at our marsh. We have an buffer/setback opportunity to put best science and statutory and rule (email) requirements first with all that our science shows us now and we can fully protect this very special and fragile environment for our children and future generations. 96. Edmonds Stephen A. Bernheim I'm not sure what you can do about the 40 trains that The City's SMP has an Urban Railroad shoreline environment that provides Marsh impacts Edmonds WA 98020 blare their way right through the middle of the marsh regulations for the railroad right-of-way within the City of Edmonds shoreline (email) every day: I hope something. jurisdiction. 97. Edmonds Stephen A. Bernheim Supports the 100 foot setback. Please support the 100 Noted. Marsh Urban foot setback from the marsh to ensure the cleansing Mixed Use IV marsh remains intact and is no longer encroached buffer/setback upon. We have lost acres of wetlands in Edmonds, (email) even away from the shoreline, over the past decades. Q Packet Pg. 192 8.1.a 32 98. Edmonds John Reed I urge you to approve the City recommended changes Noted. Marsh Urban Edmonds, WA 98020 related to the Marsh 100 ft. buffer/setback and deny Mixed Use IV the request by the Port of Edmonds. buffer/setback (email) 99. Edmonds Randy Hayden Not enforcing a 100' setback from the marsh would The standards for local government development of Shoreline Management Marsh Urban Edmonds WA 98020 be very harmful and a step backwards. The loss of Programs are detailed in WAC 173-26. The City of Edmonds SMP was Mixed Use IV Federal funds to help with the cleanup of the area and developed in accordance with WAC 173-26 as documented in the SMP buffer/setback to bring the creek back to ground level would be put submittal checklist submitted to the Department of Ecology. One of the (email) on the Edmonds taxpayers' shoulders, and this project guiding factors for the SMP regulations is that the SMP result in no net loss of would be put on the back burner and most likely ecological functions. The City's Cumulative Impacts Analysis submitted in never addressed. Preserve the marsh for future support of the SMP documents how the City's SMP meets the no net loss generations. requirement. There are many grant opportunities and each program has its own funding requirements. The buffer guidelines in Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance are for three specific grant programs (Centennial Clean Water Program, Clean Water Act Section 319, and Washington State Water Pollution Control Revolving Fund Program). 100. Edmonds Natalia Fior I wish to see the Edmonds Marsh restored and salmon Edmonds Marsh studies have been identified as high priority in the Edmonds Marsh Urban Edmonds, WA return to spawn which will bring back other wild life SMP and the marsh is also identified for restoration projects in the Restoration Mixed Use IV and help our suffering orca population. Please hold Plan submitted with the Edmonds SMP. buffer/setback and the line and maintain a 100 foot setback from the restoration (email) marsh to ensure this vital resource, which cleans our One of the requirements for the SMP is that it result in no net loss of shoreline water before entering the Puget Sound, remains intact ecological functions. The City's Cumulative Impacts Analysis submitted in and is no longer encroached upon. Please save the support of the SMP documents how the City's SMP meets the no net loss marsh. We have already lost too many acres of requirement. wetlands in Edmonds over the past decades. 101. Edmonds Anne- Marie Sykes I'm hoping that you have the power and legislation to The Port of Edmonds currently has no applications for constructing new Marsh Urban Edmonds WA 98020 stop the Port of Edmonds from violating their original buildings at Harbor Square within shoreline jurisdiction. Once the SMP Mixed Use IV plan of the last few years, not to build closer than 100 becomes affective, all new development within shoreline jurisdiction will be buffer/setback feet from the wetlands. subject to the City's SMP. (email) Q Packet Pg. 193 8.1.a 33 102. SMP Aquatic Shoreline Environment (email) Hugo Flores Aquatic Resources Division WA Dept. of Natural Resources PO Box 47027 Olympia, WA 98504 The Department of Natural Resources strongly supports the City of Edmonds inclusion of the Aquatic Environment (Aquatic I and Aquatic II) shoreline designation into its SMP. DNR believes that this action recognizes the existence of state-owned aquatic lands. This will increase better coordination managing these areas between DNR and the City of Edmonds. Noted. 103. Edmonds Brian J. Kelley Objects to the City's proposed 1 00-foot setback Noted. Marsh Urban Chevron USA from the Edmonds Marsh, combined with an Mixed Use IV Business & Real interior 50-foot vegetative buffer. Also recognizes buffer/setback Estate Services Port of Edmonds and WADOT objections. (letter) Brea, CA 92821 104. Proposed Brian J. Kelley The City of Edmonds has not satisfied legal The standards for local government development of Shoreline Management marsh Chevron USA requirements cities must meet when adopting Programs are detailed in WAC 173-26. The City of Edmonds SMP was buffer/setback regulations under the Shoreline Management Act. developed in accordance with WAC 173-26 as documented in the SMP inconsistent with Under these requirements, a city must base submittal checklist submitted to the Department of Ecology. WAC 173-26-201 proposed regulations on "the most current, accurate (2) (email) and complete scientific or technical information With regard to the use of scientific information WAC 173-26-201(2) notes: available". WAC 173-26-201 (2) (a). References (a) Use of scientific and technical information. To satisfy the requirements Port of Edmonds applicable comments. for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an Q Packet Pg. 194 8.1.a 34 element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 105. Edmonds Brian J. Kelley The Port has submitted analysis of scientific Ecology and City response Marsh Urban Chevron USA information that concludes a 25-foot setback is Mixed Use IV sufficient to ensure no net loss of shoreline WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at buffer/setback ecological functions. Ecology has recommended minimum, no net loss of ecological functions necessary to sustain shoreline (letter) (3/11/2014 letter) to the City that it adopt a "50-foot natural resources and to plan for restoration of ecological functions where enhanced buffer" in lieu of the 100-foot setback. they have been impaired." While the City's SMP has been developed to assure no net loss of shoreline ecological functions, nothing the SMA or the SMP guidelines contained in WAC 173-26 prohibit the City of Edmonds from exceeding the minimum standard of no net loss. The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority for studies); Conservation Element (SMP 24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development as _ `o z Cn co M LO _ a) E 0 a 3 0 Q. a Q Packet Pg. 195 8.1.a 35 around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. 106. Edmonds Brian J. Kelley Chevron is asking the Department of Ecology to Ecology Response: The Urban Mixed Use IV Environment buffer/setback will Marsh Urban Chevron USA condition approval of the Edmonds Shoreline be evaluated within Ecology's final SMP review, this will include review of Mixed Use IV Master Program on reduction of the setback the supporting scientific and technical information outlined in WAC 173-26- buffer/setback requirement to 25 feet, with the ability for 201 (2) (a). (email) enhanced buffer requirements up to 50 feet in width if found to be required to avoid net loss of shoreline ecological functions in the context of review of specific redevelopment plans. Believes this approach is consistent with current scientific and technical information. 107. Edmonds Doug Swartz A 100-foot setback/buffer combination is the One of the requirements for the SMP is that it result in no net loss of shoreline Marsh Urban Kathleen Rapp minimum acceptable for the Edmonds marsh. The ecological functions. The City's Cumulative Impacts Analysis submitted in Mixed Use IV Edmonds WA 98020 Edmonds Port Commission wanting a 25-foot setback support of the SMP documents how the City's SMP meets the no net loss buffer/setback and spending our money to lobby for it is an example requirement. (email) of a government agency using taxpayer funds to promote an idea that the citizens of Edmonds strongly don't want (i.e., the 25-foot setback so they can do development right next to the marsh). 108. Edmonds Evie Jenner Please do not permit the Port of Edmonds to move The Port of Edmonds currently has no applications for constructing new Marsh Urban Edmonds, WA 98026 forward with their request to permit any new buildings at Harbor Square within shoreline jurisdiction. Once the SMP Mixed Use IV buildings closer to the Edmonds Marsh than the 100 becomes affective, all new development within shoreline jurisdiction will be buffer/setback feet allowance that the City of Edmonds Council subject to the City's SMP. (email) approved over the last few years. Allowing any changes to this setback will severely impact the wildlife of this extremely sensitive area. 109. Edmonds Gary Bloom Strongly backs a minimum of 100 feet of a setback Noted. Marsh Urban Edmonds WA /buffer zone for the Edmonds marsh. As I understand Mixed Use IV it, it is the minimum in order to receive State funding The SMP was developed to be consistent with the SMA. There are many grant buffer/setback to restore the marsh. The Port Commission's desire to opportunities and each program has its own funding requirements. The buffer (email) minimize this setback is not in the interests of current guidelines in Appendix L from Department of Ecology's Funding Guidelines and future Edmonds residents. for Water Quality Financial Assistance are for three specific grant programs (Centennial Clean Water Program, Clean Water Act Section 319, and Washington State Water Pollution Control Revolving Fund Program). 110. Edmonds Gayle Ketzel I would like to see the Edmonds Shoreline Master The standards for local government development of Shoreline Management Q Packet Pg. 196 8.1.a 36 Marsh Urban Edmonds, WA 98020 Plan updated to incorporate best science, statutory Programs are detailed in WAC 173-26. The City of Edmonds SMP was Mixed Use IV and rule requirements for a full setback and buffer developed in accordance with WAC 173-26 as documented in the SMP buffer/setback along the perimeter of the marsh. Supports protection submittal checklist submitted to the Department of Ecology. (email) of the Edmonds Marsh. With regard to the use of scientific information WAC 173-26-201(2) notes: (a) Use of scientific and technical information. To satisfy the requirements for the use of scientific and technical information in RCW 90.58. 1 00(l), local governments shall incorporate the following two steps into their master program development and amendment process. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. The context, scope, magnitude, significance, and potential limitations of the scientific information should be considered. At a minimum, make use of and, where applicable, incorporate all available scientific information, aerial photography, inventory data, technical assistance materials, manuals and services from reliable sources of science... Local governments should consult the technical assistance materials produced by the department. When relevant information is available and unless there is more current or specific information available, those technical assistance materials shall constitute an element of scientific and technical information as defined in these guidelines and the use of which is required by the act. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available... The City of Edmonds assembled the most current information in the Shoreline Inventory and Characterization document and relied on technical assistance materials provided by the Department of Ecology consistent with WAC 173- 26-201. The use of Appendix L from Department of Ecology's Funding Guidelines for Water Quality Financial Assistance constitutes the use of other available information in determining appropriate setbacks and buffers within the City's SMP. 111. Edmonds George Murray Edmonds needs the 100-foot setback for the long term The standards for local government development of Shoreline Management Marsh Urban Edmonds WA eco-friendly future of Edmonds itself. Programs are detailed in WAC 173-26. The City of Edmonds SMP was Q Packet Pg. 197 8.1.a 37 Mixed Use IV developed in accordance with WAC 173-26 as documented in the SMP buffer/setback submittal checklist submitted to the Department of Ecology. One of the guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. 112. Edmonds Jacqueline Williams I think it is dreadful that there is a new possibility of The Port of Edmonds currently has no applications for constructing new Marsh Urban Edmonds, WA 98020 buildings within 100 feet of our Edmonds Marsh. We buildings at Harbor Square within shoreline jurisdiction. Once the SMP Mixed Use IV the electorate have said NO on this already. Please do becomes affective, all new development within shoreline jurisdiction will be buffer/setback not allow this to happen to our marshes, and the subject to the City's SMP. (email) wildlife that will be disturbed. 113. Edmonds Jenny Anttila Please do not allow The Port of Edmonds to proceed The Port of Edmonds currently has no applications for constructing new Marsh Urban Edmonds, WA 98020 with their request to permit any new buildings closer buildings at Harbor Square within shoreline jurisdiction. Once the SMP Mixed Use IV to the Edmonds Marsh than the 100 feet that the City becomes affective, all new development within shoreline jurisdiction will be buffer/setback of Edmonds Council approved in the past few years. subject to the City's SMP. (email) 114. Edmonds Joan Bloom Supports the proposed Edmonds Shoreline Master Noted. Marsh Urban Edmonds, WA 98020 Program (SMP), interim 50-foot riparian buffer, and Mixed Use IV 100-foot setback, measured from the ordinary high buffer/setback water mark (OHWM). A total of 100 feet of (email) separation from the Marsh, for any development. 115. Edmonds Joan Bloom Originally, City Council was considering a total of a The SMP recommended to the City Council from the Planning Board included Marsh Urban 150-foot marsh buffer/setback. I believe this was a 50-foot setback from the marsh. As noted in the response to Comment No. Mixed Use IV meant to include a 100-foot riparian buffer, and a 50- 19, various buffer and setback options were considered by the City Council. buffer/setback foot development setback from this buffer. It appears Ultimately, the Council settled on the 100-foot setback/buffer that is contained (email) that the proposed 100-ft. marsh buffer/setback was within the SMP. The primary intent of the setbacks and buffers established in meant to be a compromise to the Port's position that the SMP is to ensure no net loss of shoreline ecological functions and values. the city maintains the current 25-foot setback from the Marsh. 116. Port of Joan Bloom The Port of Edmonds commissioners allocated Noted. Edmonds funding $25,000 of taxpayer money to support retaining the in support of existing 25-ft. marsh, without openly informing the retaining the Marsh taxpayers of the Port district that they were doing so. 25-ft. existing I am both an Edmonds resident, and a resident of the buffer (email) Port of Edmonds. I find this lack of transparency of serious concern. as _ `o Cn c� M LO c as E 0 a 3 0 Q. a Q Packet Pg. 198 8.1.a 38 117. SMP Page 41, Joan Bloom Strongly opposes this passage of our SMP which Buffer width averaging is a common practice supported by the Department of Wetland Buffer allows discretionary authority to "the director" and Ecology. Department of Ecology's Wetlands & CAO Updates: Guidance for Averaging (20.40 keeps the Council, and thus the public, completely out Small Cities (Publication No. 10-06-002) notes: .020 (2) (f). of the decision making loop. In Edmonds, many highly disturbing abuses of the environment have Buffer Averaging (email) occurred, even WITH a significant amount of public Local governments often wish to allow buffer widths to be varied in certain involvement. circumstances. This may be reasonable if your standard buffers are adequate. The width of buffers may be averaged if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. We recommend that a request for buffer averaging include a wetland report. The report should be prepared by a qualified professional describing the current functions of the wetland and its buffer and the measures that will be taken to ensure that there is no loss of wetland function due to the buffer averaging. The width of the buffer at any given point after averaging should be no smaller than 75% of the standard buffer. The City of Edmonds, at the direction of Ecology, incorporated the wetland Guidance for Small Cities into the SMP and the provisions are consistent with the guidance from the Department of Ecology. 118. US Army Joan Bloom Disturbing damage that has been done to an isolated While Ecology does administer the Sec. 401 Water Quality Certification, half Corps of Engineers wetland by the developer. The city of Edmonds and of the federal Clean Water Act authorizations, the review and approval of the wetland permitting the Army Corps of Engineers allowed this abuse, of Sec. 404 authorization are administered by the Corps. There are authority (email) one of our few remaining isolated wetlands, to occur. circumstances, such as the Thuessen wetland, when the Corps can determine that a project also meets water quality standards and that no further coordination with Ecology is required. The Corps is administering federal law and does not have a regulatory role in SMA decisions; the Sec. 404 process is independent of shoreline permitting review by the local jurisdiction and Ecology. 119. SMP approval Joe Scordino Approve the Edmonds Shoreline Master Program Noted. support (email) Edmonds, WA 98020 Update that the Edmonds City Council unanimously approved in November 2014. The most important aspect of the SMP is the 50 ft buffer and 100 ft setback for the shoreline area of the Edmonds Marsh. Q Packet Pg. 199 8.1.a 39 120. Opposition to Joe Scordino The Port of Edmonds stated interest is to redevelop The Port of Edmonds currently has no applications for constructing new Port of Edmonds the Harbor Square area as close to the edge of the buildings at Harbor Square within shoreline jurisdiction. Once the SMP 25 ft. Edmonds Marsh as possible, which I believe is in contravention becomes affective, all new development within shoreline jurisdiction will be Marsh buffer to the intent of the Shoreline Management Act subject to the City's SMP. proposal (email) (SMA). It is NOT in the best interest of the State or the citizens of Edmonds to only have a 25 foot buffer as suggested by the Port of Edmonds. 121. Edmonds Joe Scordino It would be tragic to have the Edmonds Marsh There currently are no applications for constructing new buildings at Harbor Marsh restoration subjected to additional shoreline development while Square or on the south side of the marsh. Once the SMP becomes affective, all (email) the City is in the midst of restoring for salmon habitat new development within shoreline jurisdiction will be subject to the City's through such efforts as the Willow Creek day lighting SMP. proj ect. 122. Edmonds Judy Gutton Please do not allow the Port of Edmonds to proceed The Port of Edmonds currently has no applications for constructing new Marsh building Edmonds WA 98020 with their plan permitting buildings even closer to the buildings at Harbor Square within shoreline jurisdiction. Once the SMP setback (email) Edmonds Marsh than the 100' that the Edmonds City becomes affective, all new development within shoreline jurisdiction will be Council has already allowed. The Marsh is precious subject to the City's SMP. to the birds' habitat, and to the people and City of Edmonds. 123. Edmonds Karen Wiggins The Edmonds Shoreline Master Plan should set the The SMP would not require the removal of existing development within the Marsh building Edmonds WA 98020 setback from the Edmonds Marsh to 100 ft away from shoreline setback. Existing development within the shoreline setbacks will be setback (email) development, but should not have to remove any subject to the Nonconforming Development provisions in the Part VII of the buildings and parking areas that are currently within SMP (24.70.000 — 24.70.050). that setback, just do not allow anything else to be built that would be within that 100 ft. setback. 124. Edmonds Val Stewart Supports the proposed Edmonds Shoreline Master Noted. Marsh Urban Edmonds WA Program including the two-year interim -Urban Mixed Mixed Use IV Use IV designation for the Edmonds Marsh which buffer/setback includes the provision of a 50-ft buffer and 100-ft (email) setback. 125. Edmonds Val Stewart If the proposed full setback were treated as a buffer it The standards for local government development of Shoreline Management Marsh buffer would not only trap pollutants and sediments entering Programs are detailed in WAC 173-26. The City of Edmonds SMP was /setback (email) the Marsh but could also accommodate passive developed in accordance with WAC 173-26 as documented in the SMP recreation such as a walking path or boardwalk. This submittal checklist submitted to the Department of Ecology. One of the would be a great asset that would compliment any guiding factors for the SMP regulations is that the SMP result in no net loss of development in Harbor Square. It would increase ecological functions. The City's Cumulative Impacts Analysis submitted in public access to the marsh; an important goal of the support of the SMP documents how the City's SMP meets the no net loss as _ `o Cn c� M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 200 8.1.a 40 Shoreline Management Act. This combined with requirement. educational opportunities would enable us to showcase the Marsh and its overall benefits to the greater community; a model for the region. 126. Tribal Treaty Val Stewart Continued development and lack of enforcement There currently are no applications for constructing new buildings at Harbor Rights (email) protecting habitat is continuing to take away natural Square or on the south side of the marsh. Once the SMP becomes affective, all resources that are guaranteed in the treaties with new development within shoreline jurisdiction will be subject to the City's Tribes. This "taking" of resources by destroying the SMP. habitat that is necessary for the salmon to be sustainable is essentially a breach of the treaty. 127. Edmonds Val Stewart Edmonds Marsh is a category I wetland and is The standards for local government development of Shoreline Management Marsh Building classified by the State as a priority habitat. Programs are detailed in WAC 173-26. The City of Edmonds SMP was setback (email) Promoting intense development too close to an developed in accordance with WAC 173-26 as documented in the SMP already compromised estuarine marsh ecosystem is submittal checklist submitted to the Department of Ecology. One of the not going to improve conditions enough for guiding factors for the SMP regulations is that the SMP result in no net loss of anadromous fish to complete their lifecycle. ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. 128. Edmonds Val Stewart With ready funding available and appropriate policies The Edmonds Marsh is specifically mentioned in three separate policies in the Marsh Restoration and regulations in place, the City should take Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority (email) seriously this stewardship opportunity to preserve and for studies); Conservation Element (SMP 24.20.060.C.1; should work to restore salmon habitat and ecological functions in maintain); and Historic, Cultural, Scientific and Educational Policies (SMP Edmonds Marsh. 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. 129. SMP Val Stewart Requests Ecology approval of the Edmonds SMP Noted. Approval (email) update with the two-year interim Urban Mixed Use IV designation which includes a 50-ft buffer and 100- ft setback. I do not believe we should depend on redevelopment for appropriate restoration. as _ `o Cn co M LO c a) E 0 a 3 0 Q. a Q Packet Pg. 201 8.1.a 41 130. Edmonds Val Stewart Our City needs to impose strong policies and See response to Comment No. 128. Marsh policies and regulations for development along our sensitive regulations (email) estuarine marsh shoreline in order to secure the As noted in SMP 24.10.000, one of the purposes of the SMP is to: natural benefits consistent with the general welfare of our citizens and the environment. To promote the public health, safety, and general welfare by providing a guide and regulation for future development of the shoreline resources of the City of Edmonds. 131. Edmonds Val Stewart Edmonds City Council voted for an expanded Marsh WAC 173-26-201(2)(c) notes the SMP guidelines "are designed to assure, at Marsh buffer buffer/setback which goes beyond "no net loss" and minimum, no net loss of ecological functions necessary to sustain shoreline /setback; going restores the Marsh to where it will once again be natural resources and to plan for restoration of ecological functions where beyond no net loss viable. My understanding is that jurisdictions can go they have been impaired." of ecological beyond state mandates to address conditions in their functions (email) unique environments. While the City's SMP has been developed to assure no net loss of shoreline ecological functions, nothing the SMA or the SMP guidelines contained in WAC 173-26 prohibit the City of Edmonds from exceeding the minimum standard of no net loss. 132. Edmonds Rebecca J. Wolfe Strongly supports the restoration of the Edmonds Noted. Marsh Restoration Edmonds, WA Marsh with the interim 100-foot buffer and setback. (email) 133. Edmonds Rebecca J. Wolfe The Edmonds salt marsh has a high regional and local The Edmonds SMP recognizes the importance of the Edmonds Marsh as Marsh Restoration significance for wildlife, fisheries, recreational, evidenced by three specific policies in the SMP relating to the marsh and three (email) aesthetic, and educational values that have been marsh related projected being identified in the Restoration Plan. seriously compromised along our Washington state seashore. With a restored Edmonds Marsh, our city would have a more dynamic waterway system and a higher quality of life for our residents. 134. SMP approval Richard 1. Senderoff, Supports the proposed Edmonds Shoreline Master Noted. support (email) Ph.D. Program (SMP), interim 50-foot riparian buffer, and Commissioner- 100-foot setback, measured from the ordinary high Edmonds Citizens water mark (OHWM) for the Edmonds Marsh. Economic Development as c `o Cn c� M LO c m E 0 a 3 0 Q. a Q Packet Pg. 202 8.1.a 42 Commission Steering Committee - Community Backyard Habitat of Edmonds Edmonds, WA 98026 135. Edmonds Richard I. Senderoff, All the Edmonds City Council has done in Edmonds Response: Marsh Restoration Ph.D. establishing the interim buffer/setback is to secure the See responses to Comments Nos. 62 and 72. (email) possibility of future grants. I presume the 100 foot setback recommendation is based on the best Ecology Response: The Urban Mixed Use IV Environment buffer/setback will available environmental science? Supports day be evaluated within Ecology's final SMP review, this will include review of lighting Willow Creek, salmon recovery and the supporting scientific and technical information outline in WAC 173-26-201 improving marsh ecological functions.. Presumes (2) (a). the Department of Ecology is interested in such goals? Ecology does support salmon recovery goals and protection and improvement of the Edmonds Marsh Ecological functions. These factors will be taken into consideration during the SMP final review. 136. Edmonds Richard I. Senderoff, Any support for day lighting Willow Creek and other There are no current development plans to redevelop the Harbor Square Marsh Restoration Ph.D. Edmonds Marsh restoration activities would be property. (email) considered additional (or unnecessary) costs that developers would resist. There is no developer that currently has plans to redevelop Harbor Square under current zoning. 137. Shoreline Richard I. Senderoff, The Port of Edmonds purchased the Harbor Square Noted. regulatory risks. Ph.D. property with full knowledge of its proximity to the (email) Edmonds Marsh Wildlife Preserve. As such, they assume those responsibilities and regulatory risks. 138. Edmonds 'Dawna Lahti Supports the 100' setback for the Edmonds Marsh, but Noted. Marsh setback Edmonds, WA I have read enough and been aware of disaster preparedness to know that the more marsh we have preserved, the better off we are in event of the tsunami we will one day surely have, as well as to absorb rising sea level (which "hardscape" cannot do). 139. Shoreline Todd Zackey The proposed Edmonds SMP didn't utilize the best The Shoreline Inventory and Characterization did identify the presence of eel assessment, use of Tulalip Tribes available information when generating their maps for grass and kelp beds along the Edmonds shoreline noting: Q Packet Pg. 203 8.1.a 43 best available Tulalip, WA 98271 assessing shoreline sediment and substrate and Kelp science and eel grass resources. A Snohomish County Surface The Puget Sound shoreline in the City does retain large areas of functioning Water Mgt. intertidal shoreline survey should have eelgrass and kelp beds in the littoral zone (lower intertidal to shallow subtidal been incorporated into the SMP analysis for physical elevations). Eelgrass is distributed in patchy narrow bands along the City and ecological conditions assessments. waterfront south of the marina to Point Wells, and north of Shell Creek to Picnic Point (KC DNR WTD 2003) (Figure 1). Dense patches are present in some areas, including north and south of the Lynnwood outfall (near Meadowdale Creek), and north and south ofLaebugten's Wharf. Proposed projects within the OWHM of the Puget Sound will be required to conduct eelgrass and kelp habitat surveys thus provide up-to-date site specific information on eelgrass and kelp habitat and projects are required to avoid or minimize and mitigate impacts to ecologically functions including critical resources such as eelgrass and kelp beds. A sampling of policies addressing eelgrass and kelp beds from the SMP included SMP Sections 24.50.030.B.4, 24.50.060.D.2.b, 24.60.010.B.4 24.60.010.C.3, and 24.60.010.D.l.b.xi. 140. Edmonds Todd Zackey The Edmonds Marsh Urban Mixed Use IV interim Approval of a final designation for the Urban Mixed Use IV will follow the Marsh Urban Tulalip Tribes designation determination is ambiguous and the state mandated approval process for amendments to a SMP as provided in the Mixed Use IV designation process is not well defined. Will the final Shoreline Management Act (RCW 90.58) and Ecology's procedural rules interim designation designation go though the same approval process as (WAC 173-26, Part I1) . the current SMP? The process needs to be clearly defined. 141. Edmonds Todd Zackey Use of the Urban Mixed Use IV interim designation One of the guiding factors for the SMP regulations is that the SMP result in no Marsh Urban Tulalip Tribes still allows development despite the fact that the final net loss of ecological functions. The City's Cumulative Impacts Analysis Mixed Use IV designation may not allow development. A submitted in support of the SMP documents how the City's SMP meets the no interim designation moratorium on development until the final net loss requirement. (email) designation is determined makes sense to unsure that Edmonds Marsh restoration is not undermined The Edmonds Marsh is specifically mentioned in three separate policies in the Edmonds SMP for Shoreline Use Polices (SMP 24.20.050.C.12; high priority for studies); Conservation Element (SMP 24.20.060.C.1; should work to maintain); and Historic, Cultural, Scientific and Educational Policies (SMP 23.20.070.C.2; should be preserved). Additionally, three restoration projects related to the Edmonds Marsh (Channel improvements, culvert replacement and Willow Creek daylighting) are identified in the Restoration Plan. Q Packet Pg. 204 8.1.a 44 Given the importance of Edmonds Marsh in the SMP and current efforts to secure funding for projects such as the Willow Creek daylighting project, the City of Edmonds has chosen to adopt interim standards for development around the marsh the will ensure its protection and preserve opportunities for restoration and enhanced ecological functions. The interim Urban Mixed Use IV designation is consistent with the requirement of the SMP and preserves restoration opportunities with the marsh. 142. SMP Todd Zackey Edmonds staff should revisit SMP jurisdiction Lund Creek is not within the City of Edmonds jurisdictional boundaries. estuarine Tulalip Tribes boundaries to determine if all estuarine areas near jurisdiction (email) stream mouths have been included. Particular The SMP has provisions for the discovery of shoreline areas that are not concerns with Lund Creek. identified on the shoreline environment maps in Appendix A of the SMP. Specifically SMP 23.40.020 notes: B. The purpose of the official shoreline maps in Appendix A is to identify Shoreline area designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction. Where uncertainty or conflict may occur in the exact location of jurisdictional or shoreline designation boundary line, the shoreline Administrator shall rely up the criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to determinations of shorelands, as amended, rather than the incorrect or outdated map. C. In the event that new shoreline areas are discovered (e.g. associated wetlands) that are not mapped and/designated on the official shoreline map, these areas will be designated in the following manner. 1. If a newly discovered shoreline area is adjacent to a single shoreline area environment, then the newly discovered shoreline area will be assigned the same shoreline designation as the adjacent shoreline area. 2. If a newly discovered shoreline area abuts more than one shoreline area environment, the shoreline area environment that is most restrictive shall be assigned to the newly discovered shoreline area. Q Packet Pg. 205 8.1.a 45 143. Edmonds Marsh buffer /setback (email) Susan Paine Edmonds, WA Urges review of the environmental concerns for the plan with an eye to preserving as much Marsh buffer as possible, at least 100 feet. The marsh has been impacted by petroleum, railroad and construction activities, it needs stronger protections than what are requested by the Port of Edmonds. The standards for local government development of Shoreline Management Programs are detailed in WAC 173-26. The City of Edmonds SMP was developed in accordance with WAC 173-26 as documented in the SMP submittal checklist submitted to the Department of Ecology. One of the guiding factors for the SMP regulations is that the SMP result in no net loss of ecological functions. The City's Cumulative Impacts Analysis submitted in support of the SMP documents how the City's SMP meets the no net loss requirement. as _ `0 W c� M LO c as E U M Q 3 0 0. a z x w m E s c� Q Packet Pg. 206 auiJaJoyS 9ES6) s;uauayoe;;d 44inn 1enoiddd 1euoi;ipuo3 Aftloo3;o;u9w:Pedea - ;igiyx3 :;uauayoe;;d ev o N Co 6 a m .�c a Appendix L. Riparian Restoration and Planting The following are requirements when implementing a riparian restoration or riparian planting project. Environmental Protection Agency and National Marine Fisheries Sewice buffer requirements Ecology has increased the minimum requirements for riparian buffers to protect and restore salmon fisheries and achieve water quality standards. These new requirements apply to funding for projects that address nonpoint pollution problems, including Section 319 grants, Centennial Clean Water Fund grants or loans, and the Water Pollution Control State Revolving Fund loans. In July 2011, Western Washington Treaty Tribes released the "Treaty Rights at Risk" paper. The paper stated treaty -reserved rights to harvest salmon and steelhead are being impaired by ongoing salmon habitat loss. To address concerns outlined in the paper, tribes approached federal government agencies that fund environmental work to improve salmon habitat and restore sustainable salmon fisheries to levels that meet treaty rights. In response to tribal concerns, the U.S. Environmental Protection Agency (EPA) and the National Oceanographic and Atmospheric Administration (NOAA) notified the Department of Ecology that it must take additional actions to protect salmon and salmon habitat. The EPA is requiring Washington State to include conditions on federal pass -through grants to be consistent with National Marine Fisheries Service (NMFS) buffer guidance to help protect and recover Washington's salmon runs. Ecology is attaching the new, special conditions. to grant funds to increase levels of riparian protection to both protect and restore salmon fisheries and help achieve water quality standards. Conditions of the funding agreement All restoration activities must also be consistent with the Stream Habitat Restoration Guidelines, available at http://wdfw.wa.gov/publications/01374/wdfw01374.pdf and the requirements below. EPA and NRnFS riparian buffers The minimum buffer size for surface waters (on each side) will be consistent with Table L-1 and additional guidance provided below. Table L-1 was developed from information provided by NMFS. Buffer widths must be measured starting from the ordinary high water mark. Funding Guidelines Page 99 ea T 00 aulla.aogS : 9£5�) s;uauagoejjV q;Inn IenoiddV Ieuol;lpuoa A601033 fo;uau:pedea - I, IIglgx3 :;uGWLI3e;;d Table L- 1: Minimum Buffer Requirements for Surface Waters Minimum Buffer Minimum Buffer Category Functions Width West of Width East of Cascades Cascades A. Constructed Ditches, Intermittent Water quality, shade, 35' minimum 35' minimum Streams and Ephemeral source control and Streams that are not identified delivery reduction. as being accessed and were historically not accessed by anadromous or Endangered Species Act (ESA) listed fish species B. Perennial waters that are not Water quality, shade, 50' minimum 50' minimum identified as being accessed and source control and were historically not accessed delivery reduction. by anadromous or ESA listed fish species C. Perennial, intermittent and Water quality, large 100' minimum 75' minimum ephemeral waters that are wood debris (LWD) for identified as being accessed or cover, complexity and were historically accessed by shade and microclimate anadromous or ESA listed fish cooling, source control species and delivery reduction. D. Intertidal and estuarine streams Water quality, habitat 35'-75'minimum, or N/A and channels that are identified complexity more as necessary as being accessed or were to meet water historically accessed by quality standards anadromous or ESA listed fish species Additional guidance • To determine which buffer category applies to a water body, EPA and Ecology have developed a mapping tool available on the FY2015 funding page at vvww.ecy.wa.gov/programs/wq/ftindin /g_cycles/FY2015/index.htmi. o If surface water is present on a property but not shown on the map, a 35 foot minimum buffer width will apply. o If a water body is identified as "Category B" in the above table, the grant recipient must contact the regional Washington Department of Fish and Wildlife (WDFW) or tribal fish biologist to confirm that the water body is not currently or historically used by anadromous or listed fish. If the fish biologist informs the recipient of fish presence, then the buffer width must meet "Category C" requirements. o If a water body is impeded by a man-made structure (e.g. culvert, dam, etc.) which prevents anadromous or ESA listed fish access, then the buffer width must meet "Category C" requirements. ■ WDFW Fish Biologist Contact Information: http://wdfw.wa.gov/conservation/fisheries/fish district bios.pdf ■ WA State Tribes and Tribal Reservations Map (with links): www.ecy.wa.gov/services/ isg /maps/state/tribal res.pdf Funding Guidelines Page 100 auiJaJoyS : 9ES6) s;uauayoe;;d 44inn 1enoiddd 1euoi;ipuo3 Aftloog to;uew:Pedea - 6;igiyx3 :;uauayoe;;d ev Go • The buffer table above establishes minimum requirements for funding eligibility purposes. Projects that include buffers that are larger than the minimums are preferred, especially when stated in a TMDL or other watershed improvement plan. To maintain fully functional riparian ecosystems and provide sufficient habitat to meet the needs of fish and wildlife, it is recommended that the recipient use Washington Department of Fish and Wildlife buffer widths table whenever those recommendations are larger. • As stated in the Stream Habitat Restoration Guidelines, if the 100-year floodplain exceeds these widths, the riparian buffer width should extend to the outer edge of the 100-year floodplain. • Recipients are required to plant the buffer established by the fencing setback with native trees and shrubs to provide a higher level of water quality improvement. Grass filters strips are not sufficient to satisfy this requirement. • When buffers are established in forested areas, the buffer width must also be consistent with Forest Practices Rules. • Buffers established as part of a Water Quality Program grant may not violate county Critical Area Ordinances, county Shoreline Rules, or other state and local regulations. • Ecology may allow a conditional exemption from the minimum buffer width requirements where the presence of a structure impedes the ability to meet the conditions. The recipient must submit an adequate justification as to why these cannot be met and an alternate written plan to Ecology's Project Manager for review and written approval. Riparian plantings • The recipient must develop site -specific plans for all riparian buffers prior to implementation which include plant locations and species. The plan must be based on an assessment of native plant associations and community types. • The recipient must only plant species that are riparian in nature and indigenous to the primary watershed where the buffer is being established. • The recipient must use, to the greatest extent possible, genetically appropriate plant materials collected from the primary or secondary watershed where the buffer is to be established. • The recipient must utilize, to the greatest extent possible, plant species that are early successional within the primary watershed. Early successional species are those whose characteristics are such that they are first to colonize after a disturbance. Streambank protection • Streambank protection projects must not stand alone, but be part of a larger riparian buffer project. The project must include the buffer and planting requirements listed above. • Rock should not be used to armor a bank against the erosive forces of a stream or river unless a bridge, road, or other manmade structure cannot be protected by any other means. In any situation where rock is to be used, the RECIPIENT must submit the design to Ecology's Project Manager for an evaluation. Funding Guidelines Page 101 auiJaJoyS : 9ES6) s;uauayoe;;d 44inn 1enoiddd Ieuog!puo3 Aftloog Io;u9w:Pedea - 6;igiyx3 :;uauayoe;;d 0 ev N ao 6 a. am M • Streambank protection designs must be consistent with the Aquatic Habitat Guidelines: a. Integrated Streambank Protection Guidelines document which can be found at http://wdfw.wa. og_v/publications/00046/. Relevant definitions Anadromous fish Fish that live their adult lives in the ocean but move into freshwater streams to reproduce or spawn (e.g., salmon); see: www.nmfs.noaa.gov/pr/ lg ossary_htm#anadromous. Constructed ditch A regularly maintained man-made trench or furrow dug in the ground for the primary purpose of conveying or draining surface water, storm water or irrigation water, that may or may not, contain water at all times of the year. Ephemeral stream A stream or portion of a stream which flows briefly in direct response to precipitation in the immediate vicinity, and whose channel is at all times above the groundwater reservoir. ESA listed fish species The Endangered Species Act of 1973 (ESA) was signed on December 28, 1973, and provides for_ the conservation of species that are endangered or threatened throughout all or a significant portion of their range, and the conservation of the ecosystems on which they depend. The ESA replaced the Endangered Species Conservation Act of 1969; it has been amended several times. A "species" is considered: 1) endangered if it is in danger of extinction throughout all or a significant portion of its range, and 2) threatened if it is likely to become an endangered species within the foreseeable future. There are approximately 2,100 total species listed under the ESA. Of these species, approximately 1,480 are found in part or entirely in the U.S. and its waters; the remainder are foreign species. NOAA's National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) share responsibility for implementing the ESA. Generally, USFWS manages land and freshwater species, while NMFS manages marine and "anadromous" species. NMFS has jurisdiction over 94 listed species. hltp://www.m-nfs.noaa.gov/pr/laws/esa/ Exclusion fencing A constructed barrier to livestock, wildlife or people for 1) dividing pasture for rotational grazing; 2) fencing livestock out of a riparian area; and 3) facilitating the application of conservation practices that treat the soil, water, air, plant, animal, and human resource concerns. Floodplain Any lowland that borders a stream and is inundated periodically by the stream's waters. Funding Guidelines Page 102 8ulJ8J0yS : 9ES6) s;uauayoe;;d 44Inn lenoiddd 1euoi;Ipuo3 Aftloo3;o;u9w:Pedea - ;Igl4x3 :;uauayoe;;d ev N Co 6 a m M Intermittent stream iz A stream where portions flow continuously only at certain times of the year, for example when it receives water from a spring, ground -water source or from a surface source, such as melting snow (i.e. seasonal). At low flow there may be dry segments alternating with flowing segments. These streams are also defined as no measurable flow during thirty (30) consecutive days in a normal water year. Ordinary high water mark (0)HWM The point on the sides of streams or lakes which is historically or normally at water's edge, as identified by a visible change in vegetation and/or soil. It is also generally, the lowest point at which perennial vegetation grows on the streambank. The ordinary high water mark can usually be identified by physical scarring along the bank or shore, or by other distinctive signs. Perennial stream A stream or portion of a stream that flows year-round, is considered a permanent stream, and for which base flow is maintained by ground -water discharge to the streambed due to the ground- water elevation adjacent to the stream typically being higher than the elevation of the streambed. Riparian buffers Riparian buffers are generally recognized as a "separation zone" between a water body and a land use activity for the purposes of protecting ecological processes and water quality. The riparian buffer usually extends from the stream's ordinary high water line to the outer edge of the floodplain. Riparian buffers provide essential functions for river and stream ecosystems, including cover and shade, a source of fine or coarse woody material, nutrients, and organic and inorganic debris that maintain stream ecosystem function. As used here, riparian buffers are defined as separation zones that are relatively undisturbed by humans and contain native vegetation consistent with the potential of the site. Figure L-1 provides a diagram depicting a typical stream showing the active floodplain, the ordinary high water mark (OHWM), the riparian zone, and the top of the bank. Typical Stream %Sank flvaFloodplain Top o(0) HWM Top of Bank Riparian Zone -�-- Riparian Zone ' Figure L- 1: Diagram of a Typical Stream. Figure is a reproduction of a figure obtained from Fisheries and Oceans Canada at http://www. pac. dfo-mpo.gc. ca/habitat/Glossary-glossaire-eng. htm. Funding Guidelines Page 103 �tsg, ss,irE o� 8.1.a S � � O STATE Of WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 a Olympia, WA 98504-7600 0 360-407-6000 711 for Washington Relay Service, Persons with a speech disability can call 877-833-6341 August 19, 2015 Ms. Shane Hope, Director City of Edmonds Development Services Department 7110210'sSt. SW Edmonds, WA 98026 Dear Ms. Hope: We received your request for clarification of Ecology's Funding Guidelines for Water Quality Financial Assistance (Ecology Pub. No 13-10-041). Our finding guidelines are set up to encourage the implementation of large riparian buffers, in recognition that wider buffers are needed to protect water quality. At the same time we recognize that not every project needs the same size buffer to achieve our water duality goals. In an attempt to balance these two objectives, we have set minimum buffer width requirements for different types of water bodies. These grant eligibility requirements are intended to ensure that our grant funds go to projects that meet a minimum level of protection, while recognizing differences on the landscape. We appreciate your city's consideration of our funding guidelines, and your concerns around making sure projects can be eligible for future funding. Our understanding is, the Edmonds City Council is concerned that if the city's Shoreline Master Program does not include 100 foot buffers on Edmonds Marsh, the city will not be eligible for grants for restoration work in the marsh. This conclusion was based on an interpretation of Table L-1 in Appendix L, Riparian Restoration and Planting requirements (page 100). We understand why the city may have reached this conclusion because Table L-1 describes Minimum Buffer Requirements for Sw face Waters. It appears the city may have been interpreting Edmonds Marsh as a Category C waterbody, which has a default minimum buffer width of 100 feet. However, as Ecology's regional wetland staff have confirmed, the Edmonds Marsh meets the criteria as a Category D estuarine channel, with a minimum buffer width of 35 feet. Additionally, please note that even for stream projects raider Category C, Ecology's guidance clarifies that "Ecology may allow a conditional exemption from the minimum buffer width requirements where the presence of a structure impedes the ability to meet the conditions (page 101)." The Port's commercial facilities are the kinds of structures that could allow a project to be granted an exemption from the buffer width eligibility requirements. We hope this clarification is usefiil to the city as you continue work on updating your shoreline master program. Please contact me if you have any further questions at ben.rau@ecy.wa.gov or (360)407-6551. Sincerely, Ben Rau, Nonpoint program coordinator Water Quality Program cc; David Pater, Department of Ecology, Shorelands & Environmental Assistance Program, NW Regional Office. Packet Pg. 212 8.1.b Edmonds Shoreline Master Program PartI. Introduction.............................................................................................................................................3 24.10.000 Purpose and Intent.............................................................................................................................3 24.10.010 Authority...........................................................................................................................................4 24.10.020 Applicability.....................................................................................................................................4 24.10.030 Relationship to Other Plans or Regulations......................................................................................4 24.10.040 Liberal Construction.........................................................................................................................5 24.10.050 Administrative Procedures................................................................................................................5 24.10.060 Document Organization....................................................................................................................6 Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program.............6 24.20.000 Introduction....................................................................................................................................... 6 24.20.010 Economic Development Element......................................................................................................7 24.20.020 Public Access Element......................................................................................................................8 24.20.030 Recreational Element......................................................................................................................10 24.20.040 Circulation Element........................................................................................................................11 24.20.050 Shoreline Use Element....................................................................................................................12 24.20.060 Conservation Element.....................................................................................................................16 24.20.070 Historic, Cultural, Scientific and Educational Element...................................................................17 24.20.080 Flood Damage Prevention Element................................................................................................18 24.20.090 Views and Aesthetics Element........................................................................................................19 24.20.100 Urban Design Element....................................................................................................................19 24.20.110 Restoration Element........................................................................................................................20 PartIII. Shoreline Environments.........................................................................................................................22 24.30.000 Introduction..................................................................................................................................... 22 24.30.010 Adoption Criteria............................................................................................................................22 24.30.020 Shoreline Jurisdiction and Environments Designation Maps..........................................................22 24.30.030 Aquatic Environment......................................................................................................................23 24.30.040 Natural Environment.......................................................................................................................25 24.30.050 Urban Conservancy Environment...................................................................................................27 24.30.060 Shoreline Residential......................................................................................................................28 24.30.070 Urban Mixed Use............................................................................................................................30 24.30.080 Urban Railroad................................................................................................................................33 Part IV General Policies & Regulations............................................................................................................34 24.40.000 Applicability...................................................................................................................................34 City Council DRAFT City of Edmonds SMP Page 1 of 160 Packet Pg. 213 8.1.b 24.40.010 Archaeological and Historic Resources..........................................................................................34 24.40.020 Critical Areas..................................................................................................................................35 24.40.030 Flood Hazard Reduction.................................................................................................................43 24.40.040 Public Access and Views................................................................................................................44 24.40.050 Shoreline Vegetation Conservation.................................................................................................47 24.40.060 Water Quality, Stormwater, and Nonpoint pollution......................................................................49 24.40.070 Shoreline Development Table: User Guide.................................................................................51 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation �...... 51 24.40.090 Shoreline Bulk and Dimensional Standards...............................................................................54 Part V Specific Modification Policies & Regulations......................................................................................57 24.50.000 Applicability...................................................................................................................................57 24.50.010 General Modification Policies and Regulations..............................................................................57 24.50.020 Shoreline stabilization.....................................................................................................................58 24.50.030 Moorage: Piers, Docks, and Floats..................................................................................................66 24.50.040 Landfill............................................................................................................................................74 24.50.050 Breakwaters, jetties, groins, and weirs............................................................................................77 24.50.060 Dredging and dredge material disposal...........................................................................................80 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects.................................86 Part VI Specific Use Policies & Regulations.....................................................................................................87 24.60.000 Applicability...................................................................................................................................87 24.60.010 Aquaculture.....................................................................................................................................88 24.60.020 Boating Facilities............................................................................................................................94 24.60.030 Commercial Development and Light Industrial............................................................................101 24.60.040 Forest Practices.............................................................................................................................104 24.60.050 In -stream Structures......................................................................................................................105 24.60.060 Recreational Development............................................................................................................105 24.60.070 Residential Development..............................................................................................................109 24.60.080 Transportation and Parking...........................................................................................................112 24.60.090 Utilities..........................................................................................................................................119 PartVII Nonconforming Development.........................................................................................................123 24.70.000 Purpose..........................................................................................................................................123 24.70.010 Nonconforming Uses....................................................................................................................123 24.70.020 Nonconforming development, building and/or structure..............................................................124 24.70.030 Nonconforming Lots............................................................................................................................127 24.70.040 Nonconforming Signs..........................................................................................................................128 24.70.050 Nonconforming local public facilities..................................................................................................129 City Council DRAFT City of Edmonds SMP Page 2 of 160 Packet Pg. 214 8.1.b Part VIII Administration — Shoreline Permits...............................................................................................129 24.80.000 Purpose..........................................................................................................................................129 24.80.010 Exemptions from Shoreline Substantial Development Permit Process.........................................129 24.80.020 Letter of Exemption......................................................................................................................133 24.80.030 Review Criteria for All Development...........................................................................................134 24.80.040 Substantial Development Permit Criteria......................................................................................134 24.80.050 Conditional Use Permit Criteria....................................................................................................134 24.80.060 Variance Permit Criteria...............................................................................................................135 24.80.070 Minimum Application Requirements............................................................................................136 24.80.080 Notice of Application....................................................................................................................138 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads...............................................140 24.80.100 Public Hearings.............................................................................................................................140 24.80.110 Notice of Decision, Reconsideration, and Appeals.......................................................................141 24.80.120 Initiation of Development.............................................................................................................142 24.80.130 Revisions.......................................................................................................................................142 24.80.140 Time requirements of Shoreline Permits.......................................................................................144 24.80.150 Administrative Authority and Responsibility...............................................................................145 24.80.160 Compliance...................................................................................................................................146 24.80.170 Enforcement..................................................................................................................................146 PartIX Definitions............................................................................................................................................147 24.90.000 General Information......................................................................................................................147 24.90.010 Definitions: A to B.......................................................................................................................147 24.90.020 Definitions: C to F........................................................................................................................149 24.90.030 Definitions: G to 0.......................................................................................................................152 24.90.040 Definitions: P to R........................................................................................................................155 24.90.050 Definitions: S to T........................................................................................................................157 24.90.060 Definitions: U to Z.......................................................................................................................158 PartX Appendices...........................................................................................................................................160 24.100.000 Appendix A - Maps of Shoreline Environments and Jurisdictions...............................................160 Part I. Introduction 24.10.000 Purpose and Intent This master program, in harmony with the Shoreline Management Act of 1971, is based on the philosophy that the shorelines of the state and our city are among the most valuable and fragile m 0 a E 0 0 L. a L M m c 0 z M Ln City Council DRAFT City of Edmonds SMP Page 3 of 160 Packet Pg. 215 8.1.b resources that we possess. The Shoreline Management Act made clear that there is a great public concern regarding the use, protection, restoration, and preservation of these shorelines, which concern is the premise of this master program. In recognition of private property rights, local public opinion, existing realities, and the necessary coordination between several levels of government, this program represents an approach toward the enhancement of shorelines rather than the restriction of their use. The purposes of this Master Program are: A. To carry out the responsibilities imposed the City of Edmonds by Washington State Shoreline Management Act (RCW 90.58). B. To promote uses and development of the City of Edmonds shoreline consistent with the City of Edmonds Comprehensive Plan while protecting and restoring environmental resources. C. To promote the public health, safety, and general welfare by providing a guide and regulation for future development of the shoreline resources of the City of Edmonds 24.10.010 Authority Authority for enactment and administration of the program is the shoreline Management Act of 1971, chapter 90.58 RCW, as now or hereafter amended 24.10.020 Applicability All proposed uses and development occurring within shoreline jurisdiction of the City of Edmonds must conform to the Shoreline Management Act and this Chapter. All uses, even those not meeting the definition of development, are subject to the provisions and development regulations of this chapter, even though a permit may not be required. 24.10.030 Relationship to Other Plans or Regulations A. Uses, developments and activities regulated by this Chapter may also be subject to the provisions of the city of Edmonds comprehensive Plan, the Washington State Environmental Policy Act, Edmonds City Code, and various other provisions of local, state, and federal law, as may be amended. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity. B. The shoreline master program has been developed as a both a policy and a regulatory program. As such, the shoreline master program is a part of and was developed to be consistent with the city of Edmonds comprehensive plan and its component elements. C. The Edmonds Community Development Code establishes specific and detailed regulations for most of the uses, development, and activities regulated in this chapter. The Edmonds Community Development Code and this chapter are intended to operate together to produce City Council DRAFT City of Edmonds SMP Page 4 of 160 Packet Pg. 216 8.1.b coherent and thorough shoreline regulations. Uses, developments and activities must comply with both the Edmonds Community Development Code and the shoreline master program in all cases. If there is a conflict between the two, the shoreline master program shall prevail. 24.10.040 Liberal Construction As provided for in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of strict construction; the Act and this Master Program shall, therefore, be liberally construed to give full effect to the purposes, goals, policies, and standards for which the Act and this master Program were enacted. 24.10.050 Administrative Procedures The general administrative procedures for this Title 24 (Edmonds Shoreline Master Program) are not part of this program. They are included with the text of Title 24 for consistency and ease of use. The Department of Ecology will be notified of any changes to the administrative chapters listed below. The use of separate local administrative and enforcement procedures is consistent with the 2003 Washington State Shoreline Master Program Guidelines (WAC 173-26-191(2)(a)(iii)(C)), Administrative Provisions. "Local governments may include administrative, enforcement, and permit review procedures in the master program or the procedures may be defined by a local government ordinance separate from the master program. In either case, these procedures shall conform to the Shoreline Management Act, specifically RCW 90.58.140, 90.58.143, 90.58.210 and 90.58.220 and to chapter 173-27 WAC." This allows the city of Edmonds to revise local administrative procedures (fees, application meetings, authority of Administrator, etc) without another formal state amendment process. ECDC 24.80 must still be consistent and remain consistent with the related provisions in the Shoreline Management Act and sate shoreline rules (WACs). In the event of a conflict, the state RCW or WAC, as amended, will prevail over the local ordinance. The following sections are administrative procedures separate from Title 24: ECDC 24.80.070 Minimum Application Requirements ECDC 24.80.080 Notice of Application ECDC 24.80.100 Public Hearings ECDC 24.80.110 Notice of Decision, Reconsiderations, and Appeals ECDC 24.80.130 Initiation of Development ECDC 24.80.160 Administrative Authority and Responsibility ECDC 24.80.170 Compliance ECDC 24.80.180 Enforcement City Council DRAFT City of Edmonds SMP Page 5 of 160 Packet Pg. 217 8.1.b 24.10.060 Document Organization This Master Program is divided into the following ten parts, consistent with the material to be included within a master program as established in Chapter 173-26 WAC: A. Part I, ECDC 24.10.000 through 24.10.000, contains basic and general information regarding the shoreline master program. B. Part II, ECDC 24.20.000 through 24.20.110, contains the city's goals and policies with respect to the program elements established in Chapter 173-26 WAC. C. Part III, ECDC 24.30.000 through 24.30.080, contains information regarding the different shoreline environments to be found within the city including goals, policies and regulations specific to each of the shoreline environments. D. Part IV, ECDC 24.40.000 through 24.40.060, contains policies and regulations with respect to general master program provisions identified in Chapter 173-26 WAC. E. Part V, ECDC 24.50.000 through 24.50.070, contains policies and regulations that apply to specific modifications that are regulated under the shoreline master program. F. Part VI, ECDC 24.60.000 through 24.60.090, contains policies and regulations that apply to specific uses that are regulated under the shoreline master program. G. Part VII, ECDC 24.70.000 through 24.70.050, contains policies and regulations that apply to nonconforming development with the shoreline jurisdiction of the City of Edmonds. H. Part VIII, ECDC 24.80.000 through 24.80.180, contains administrative procedures for shoreline permitting I. Part IX, ECDC 24.90.000 through 24.90.060, contains definitions applicable to the shoreline master program Part X, ECDC 24.100.000 through 24.100.010, contains appendices pertaining to this chapter. Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program 24.20.000 Introduction This section contains goals and policies that form the foundation of Edmonds' Shoreline Master Program which are implemented through the regulations in ECDC chapters 24.40 through 24.60, and apply to all areas of the City of Edmonds shoreline jurisdiction, regardless of the designated City Council DRAFT City of Edmonds SMP Page 6 of 160 Packet Pg. 218 8.1.b shore environment. The Shoreline Management Act requires cities to adopt goals, or "elements," to guide and support major shoreline management issues. 24.20.010 Economic Development Element A. Purpose. The economic development element provides for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state in accordance with RCW 90.58.100(2)(a). B. Economic Development Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. Water dependent, oriented and water enjoyment development are preferred in shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses. C. Economic Development Policies. 1. Mixed -use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed - use commercial or light industrial use. 2. Mixed -use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development. 3. New shoreline light industrial and commercial development should be limited to that which is classified as water -dependent, water -related, or water -enjoyment uses and non - water -oriented uses which are not accessory to a water -oriented use should be discouraged and/or prohibited. 4. Permitted mixed -use commercial and light industrial development in shoreline areas should enhance opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access and compliment the cultural arts related to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline and vista beyond. 5. New development or redevelopment should avoid or mitigate additional loss of shoreline ecological functions. City Council DRAFT City of Edmonds SMP Page 7 of 160 Packet Pg. 219 8.1.b 6. Development should be discouraged in any critical area and only allowed where impacts to these areas can be mitigated. 7. In shoreline areas where large tracts of land can be aggregated, some degree of flexibility is appropriate to allow for innovative and planned site design within parameters established by the city. 8. Economic benefits derived from wildlife, marine and fish habitats, public access, recreational scuba diving and tourism should be recognized and retained. 9. Priority should be given to those mixed -use commercial or light industrial uses which are water -dependent. 10. The potential adverse effects of mixed -use commercial and light industrial development on other activities should be minimized through local performance standards. 11. The recreational opportunities along the shoreline should be developed as an economic asset in a manner that will enhance the public enjoyment of the shorelines and in -water - related activities. 12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas. 24.20.020 Public Access Element A. Purpose The public access element provides for public access to publicly owned or privately owned shoreline areas where the public is granted a right of use or access in accordance with RCW 90.58.100(2)(b). B. Public Access Element Goal 1 It is a goal of the city to provide the maximum reasonable opportunity for the public to view and enjoy the amenities of the shoreline area from public viewpoints, while assuring that such access does not contribute to intrusions upon private property, nuisance, personal danger, or over -burdening of fragile natural resources. C. Public Access Policies 1 1. The city should use street ends and other publicly owned or controlled land within the shoreline area as a means of providing additional safe public access to shoreline areas. When these types of areas are developed, the city should also provide for some associated City Council DRAFT City of Edmonds SMP Page 8 of 160 Packet Pg. 220 8.1.b limited off-street parking or public transportation connection in order to minimize impacts to surrounding properties. 2. The city should develop signage, public information brochures and publications for distribution which identify all locations for public access to the shorelines, and underwater activities with information about each site location. 3. The city should maintain public shorelines, waterways and tidelands in public ownership for continued public access and use. 4. With principal access to tidelands existing at public beaches to the north and south, the city, where practicable, should acquire and develop safe convenient public access for pedestrian access and water access to and use of public tidelands and beaches. 5. Public pedestrian access for neighborhood use should be encouraged. 6. Public access afforded by shoreline street ends, public utilities and rights -of -way should be preserved, maintained and enhanced. D. Public Access Goal 2 Incorporate public access into new shoreline development and unify individual public access elements into an organized system. E. Public Access Policies 2 1. Public access will be considered in the review of all private and public developments (including land division) with the exception of one- and two-family dwelling units when necessary to mitigate significant environmental impacts or through provisions designed to exchange access rights for development bonuses. 2. Developments, uses and activities on or near the shoreline should not impair or detract from the public's access to the water. 3. Public access should be provided as close as possible to the water's edge without adversely affecting a sensitive environment and, if feasible, should be designed with provisions for disabled and physically impaired persons. 4. Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. 5. Assure that public access improvement result in no net loss of shoreline ecological functions. 6. No public access shall be acquired through a taking without just compensation. City Council DRAFT City of Edmonds SMP Page 9 of 160 Packet Pg. 221 8.1.b 24.20.030 Recreational Element A. Purpose The recreation element provide for the preservation and enlargement of recreational opportunities including but not limited to parks, tidelands, beaches, and recreational areas in accordance with RCW 90.58.100(2)(c). B. Recreational Goal It is the goal of the city to provide substantial recreational opportunities for the public in shoreline areas through the preservation and expansion of these opportunities through programs such as acquisition, development and maintenance. C. Recreational Policies The city should continue to acquire and develop park land within shoreline areas. The city should also, where feasible, develop street ends within the shoreline area to provide for public recreation. The nature and extent of recreational opportunities provided within the various lands in the shoreline area owned or controlled by the city depends on the nature of the area involved, the amenities and natural resources to be found in that area, the location of the area and the needs of the community. 2. When mitigation requirements or bonus programsl permit, large or intensive private developments within the shoreline area should provide some public recreation amenities, in addition to public pedestrian access along the water's edge. 3. The city should consider both active and passive in -water, shoreline and upland recreational needs in development of recreational areas to meet local and regional needs. 4. The city should acquire, develop, expand and maintain public recreation facilities to meet public demand for recreation use and enjoyment of the water and shoreline. 5. Recreation facilities in the shoreline area should be restricted to those dependent upon a shoreline location, or those benefiting from a shoreline or in -water location that are in the public interest. 6. Public recreation facilities should be designed, developed, and maintained to respect the shoreline environment and minimize the degradation of the shoreline and its natural systems. 7. Public information and education programs, and attendant enforcement procedures, should be developed and implemented to help ensure that the public is aware of park regulations and private property rights, and to prevent the abuse of the shoreline and its natural ecological system. City Council DRAFT City of Edmonds SMP Page 10 of 160 Packet Pg. 222 8.1.b 8. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be provided for on publicly owned land. 9. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be allowed on private property, except in the Natural Environment. 24.20.040 Circulation Element A. Purpose The circulation element provides for the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities in accordance with RCW 90.58.100(2)(d). B. Circulation Goal It is the goal of the city to provide for the safe and efficient movement of people, goods, and emergency services within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between different users. C. Circulation Policies Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way. 2. Whenever practicable, safe pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged as a means of personal transportation and recreation. 3. Where new streets are needed to serve uses in the shoreline area, these streets should be the minimum size necessary to provide safe and efficient vehicular, pedestrian and bicycle access, including access for emergency vehicles, to the properties to be served. 4. Public waterborne transportation linked to public and private forms of ground transportation should be encouraged to minimize auto usage, and to eliminate barriers between public waterborne transportation and ground transportation in conformance with the Americans with Disabilities Act. City Council DRAFT City of Edmonds SMP Page 11 of 160 Packet Pg. 223 8.1.b 5. All transportation planning should be coordinated to provide efficient use and transfer between modes while minimizing the adverse environmental impacts of such facilities. 6. Circulation and transportation systems should be located, designed and developed with respect to existing and/or planned rail, highway and ferry facilities. 7. Public transit systems should be linked to the urban waterfront. 8. Pedestrian walkways, trails and bicycle linkages should be provided between the historic downtown and the waterfront, including the train station and ferry terminal. 9. New or expanded non -water oriented transportation facilities should be located outside of shoreline jurisdiction whenever feasible. 24.20.050 Shoreline Use Element A. Purpose The shoreline use element considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land in accordance with RCW 90.58.100(2)(d). B. Shoreline Use Goals The goals of the city are to: Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act. 2. Provide performance and development standards for shoreline uses which achieve compatibility among activities. 3. Reserve shoreline and water areas particularly suited for specific and appropriate uses, especially water -oriented and water -dependent uses, for such uses whether they are existing or potential. 4. Establish and implement policies and regulations for shoreline use consistent with the Shoreline Management Act of 1971. These policies and regulations should insure that the overall land use patterns in shoreline areas are compatible with existing shoreline City Council DRAFT City of Edmonds SMP Page 12 of 160 Packet Pg. 224 8.1.b environment designations and will be sensitive to and not degrade habitat and ecological systems and other shoreline resources. 5. Ensure that proposed shoreline uses are distributed, located and developed in a manner that will maintain or improve the health, safety and welfare of the public. 6. Ensure that proposed shoreline uses do not minimize the rights of others or infringe upon the rights of private ownership. 7. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and functions as a result of past activities or catastrophic events. 8. Ensure that planning, zoning and other regulatory and non -regulatory programs governing lands adjacent to shoreline jurisdictions are consistent with SMA policies and regulations and the provisions of this SMP. 9. Encourage increased accessibility to the shoreline for a variety of users and activities. 10. Develop adaptive management strategies to increase capacity to respond to future possible impacts on the Edmonds shoreline from climate change in the Puget Sound region. 11. Ensure that residential development in the shoreline area is compatible with adjacent uses and minimizes impacts to shoreline processes and functions. 12. Ensure future shoreline development will achieve no net loss of ecological functions and values. C. Shoreline Use Policies "Environmentally critical areas" are to be protected and regulated consistent with the city's environmental review and critical areas regulations contained in Chapters 20.15A and 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.C. 2. New uses and developments in shoreline areas that have established desirable development patterns should be designed to be compatible with those areas; provided the existing uses are consistent with the Shoreline Management Act and the City's comprehensive plan and shoreline master program. 3. In shoreline areas without established development patterns and which are not unique or fragile, the city should allow for a wide range of development options consistent with the Edmonds Community Development Code within established limits to protect the public interest. City Council DRAFT City of Edmonds SMP Page 13 of 160 Packet Pg. 225 8.1.b 4. Over -water structures other than ferry terminal passenger shelters, docks, piers, walkways, breakwaters and other similar structures should be prohibited with the exception of minor appurtenant buildings, buoys, divers resting floats, and art sculpture. 5. Water -dependent uses should have priority over non -water -dependent uses in the shoreline area. Nonetheless, uses such as dry-docks, boat yards, and similar marine enterprises are incompatible with the character of the majority of the shoreline area and should be limited to specific designated areas. 6. Uses in shoreline areas should not degrade water quality and land disturbances (land covered by water and the land area adjacent to the ordinary high water mark) should be the minimum necessary. 7. The pattern and distribution of land and water uses should be controlled and encouraged in order to enhance the shoreline natural systems, protect against their damage, and provide for their public use and enjoyment. 8. Multiple uses of shorelines should be encouraged. Shoreline uses which allow large numbers of people to enjoy the marine environment should be given a higher priority than uses that lead to the usurpation of the limited urban waterfront by any single use activity. 9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use. 10. Uses which adversely alter or degrade the defined shoreline "natural systems" should be prohibited. 11. The City of Edmonds shall stay abreast of scientific information regarding climate change and sea level rise and reevaluate the Shoreline Master Program development standards as soon as adequate scientific information is available. 12. The Edmonds Marsh study identified in the City of Edmonds Capital Improvement Plan is an important study for determining the potential impacts of climate change and sea level rise on the City of Edmonds and should be considered a high priority for completion. 13. All use and development should use low impact development (LID) techniques where appropriate and feasible. 14. The rehabilitation of "natural systems" (e.g., the improvement in water quality, removal of beach obstructions, etc.) should be encouraged. 15. Shoreline Use and Development Review. City Council DRAFT City of Edmonds SMP Page 14 of 160 Packet Pg. 226 a. Shoreline use and development should be provided for through a process of review and analysis that gives priority to: i. The protection and enhancement of the shoreline natural system; ii. The provision for shoreline -dependent uses; iii. The provision for shoreline -oriented uses; and iv. The accommodation of necessary uses that are neither shoreline -dependent nor shoreline -oriented. b. The priority system will recognize, but not be limited to, the following systems and uses: i. Protect and enhance natural systems: A. Biological: 1. Critical areas for fish spawning, rearing, feeding, and migration, including beaches, marshland, aquatic vegetation and nearshore subtidal area; 2. Waterfowl and water associate bird nesting, resting, feeding and nursery areas; 3. Shellfish life — supporting areas; 4. Upland mammal breeding, rearing and feeding areas; 5. Upland plant growth areas (greenbelts, etc.); 6. aquatic (non -fish and non -shell fish) marine organisms life supporting areas; and 7. Other. B. Geological: 1. Bluff and landslide areas; 2. Beaches and tidelands — shoals and coves; 3. Marshland and slough area; 4. Streams and ravines; 5. Below low water submerged lands — canyons, cliffs, rock reefs, sand or mud flat, etc.; and 6. Other. ii. Provide for shoreline -dependent uses, such as: A. Ferry and passenger terminals; B. Terminal and transfer facilities for marine commerce and industry; C. Marine and fresh water construction, dismantling and repair; D. Marinas — boats; E. Intakes and outfalls; F. Boat launch facilities; G. Shoreline recreation — including parks, bike and walking trails, beaches, etc. H. Water -related recreation — including scuba diving, waterway trail system, fishing and small craft boating; I. Marine and limnological research, interpretation and education; J. Piers and related facilities for the loading and unloading of petroleum products; and K. Other uses of like intensity and dependency. City Council DRAFT City of Edmonds SMP Page 15 of 160 Packet Pg. 227 8.1.b 24.20.060 Conservation Element A. Purpose The shoreline conservation element provides for protection of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection in accordance with RCW 90.58.100(2)(f). B. Conservation Goal It is the goal of the city to preserve, protect, and enhance unique and fragile areas of flora and fauna and scenic vistas to help assure the continued availability of these resources for future generations and to protect the ecological functions of the shoreline to ensure no net loss of functions. This element is concerned with the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, linear park systems, waterway trail systems, estuarine areas for fish and wildlife protection, critical habitat, beaches and other valuable natural or aesthetic features. Assure preservation of the unique, fragile and scenic shoreline resources by carefully preserving the non-renewable resources and managing for the continued utilization of renewable resources. C. Conservation Policies 1. The City should work to maintain environmentally sensitive and critical areas for present and future generations, such as the Edmonds Marsh, the historically contiguous wetland east of SR-104, the Edmonds Underwater Park and the shoreline sanctuary. 2. Development in shoreline areas should be managed so that any adverse impacts on aquatic and land plants and animals are avoided or mitigated to result in no net loss of ecological function. 3. Where practicable, steps should be taken to enhance the shoreline area as a spawning ground for salmon, forage fish, and other species of fish and aquatic marine life. 4. Irreplaceable shoreline resources should be preserved for their intrinsic value and continued public enjoyment. 5. Beneficial use of shoreline resources should be provided for while respecting the natural shoreline environment. 6. Where practicable, restoration of damaged shoreline features and systems should be encouraged. 7. Limited improvements in public recreation areas should be permitted where such improvements would enhance public access to and public education and understanding of City Council DRAFT City of Edmonds SMP Page 16 of 160 Packet Pg. 228 8.1.b the value of the shoreline resource (an example of which is the Edmonds Underwater Park). 8. Provide for the preservation of the natural shoreline resources through the protection of existing and the designation of potential public recreational areas. 9. Provide for the preservation of the natural shoreline resources through the continuation and expansion of interpretive and environmental education programs, and public outreach and involvement in stewardship. 10. The city, where practicable, should acquire key shoreline parcels that become available; such parcels are those integral to necessary expansion of existing prime beach areas. 24.20.070 Historic, Cultural, Scientific and Educational Element A. Purpose The historic, cultural, scientific and educational element provides for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values in accordance with RCW 90.58.100(2)(g). B. Historic, Cultural, Scientific and Educational Goal Identify, protect, preserve and restore important archaeological, historical, art and cultural sites located within the shoreline jurisdiction area for educational and scientific uses and enjoyment of the natural amenities by the general public. C. Historic, Cultural, Scientific and Educational Policies 1. Wherever practicable, shoreline development should recognize the former and current use of much of the city's shoreline area for such uses as boatyards, railroads, ferry landings, logging, and industrial sites, and recognize the earlier uses of the shoreline by Native American cultures. 2. The large, relatively undisturbed area known as the Edmonds Marsh should be preserved for, among other reasons, its educational and scientific value as well as its role in stormwater management. 3. Educational projects and programs including signage should be encouraged that foster a greater appreciation of the importance of shoreline management, maritime activities, environmental conservation, cultural and maritime history. 4. The city should develop signage and informational programs which identify and explain unique scenic and cultural opportunities. City Council DRAFT City of Edmonds SMP Page 17 of 160 Packet Pg. 229 5. Important archaeological, historical and cultural sites located within the shoreline jurisdiction area should be identified, protected, preserved or restored for educational and scientific uses and enjoyment of the natural amenities by the general public. 6. Historical/cultural sites should be acquired through purchase or gift, so as to insure their protection and preservation. 7. Where practicable, buildings, sites and areas having historic, cultural, educational, or scientific value to the community should be protected and restored. 8. Where practicable, all buildings, sites, and areas which are placed on the State or Federal Historic Register should be preserved, protected and restored. 9. Where practicable, significant archeological features and data should be protected for scientific study and public observation. 24.20.080 Flood Damage Prevention Element A. Purpose The flood damage prevention element provides for protection against flood damage and the preservation and restoration of ecosystem wide ecological functions in accordance with RCW 9038.100. B. Flood Damage Prevention Element Goal It is a goal of the city to reduce the likelihood of flood damage by locating development away from flood -prone areas and by protecting and restoring shoreline ecological functions and ecosystem -wide processes. C. Flood Damage Prevention Policies Structural flood control devices should be allowed only after it is demonstrated that nonstructural solutions are not feasible to reduce the hazard. 2. Participate in watershed -wide programs to reduce flood hazards and improve the shoreline ecology. 3. Discourage new development in shoreline areas that are reasonably likely to be harmed by flood conditions, or which would create or intensify flood hazard impacts on other properties. 4. Ensure that flood hazard reduction measures do not result in a net loss of ecological functions in shoreline areas. City Council DRAFT City of Edmonds SMP Page 18 of 160 Packet Pg. 230 8.1.b 24.20.090 Views and Aesthetics Element A. Purpose The views and aesthetics element provides for preservation and/or protection of public scenic vistas, public views of the water, and other aesthetic qualities of shorelines for enjoyment by the general public. B. Views and Aesthetics Goal It is the goal of the city to assure that the public's ability and opportunity to enjoy shoreline views and aesthetics is protected. C. Views and Aesthetics Policies 1. The scenic and aesthetic qualities of shorelines and public vistas should be preserved through development standards. 2. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of vegetation which partially impairs views. 3. Public visual access should be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public "view corridors" as designated by the city. 24.20.100 Urban Design Element A. Purpose The urban design element provides for the development between the shoreline and adjacent areas in manner that provides linkages that will enhance the beauty and visual identity of Edmonds. B. Urban Design Goal It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, enhances the waterfront, and is consistent with the Streetscape Plan. C. Urban Design Policies. The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed -use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, City Council DRAFT City of Edmonds SMP Page 19 of 160 Packet Pg. 231 8.1.b establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline. 2. Projects should be encouraged to provide "street furniture," public art, related interpretative signage, landscaping and other amenities within or adjacent to the right-of- way of Railroad Avenue and Admiral Way to complement a pedestrian promenade along the shoreline consistent with the streetscape plan. 3. Where possible, the owner of uplands abutting pedestrian waterfront activities should be encouraged to incorporate public art elements, public art and cultural amenities that promote aesthetic considerations consistent with the City of Edmonds Arts Commission goals. 4. New and remodeled developments should provide public view corridors adjacent to either the north or south property line to enhance public visual access to the Puget Sound and to provide for a visual link between the downtown and its waterfront roots. The location of the view corridor should be coordinated with the development of adjacent properties in order to maximize public visual access to the Puget Sound. Properties with significant frontage on the shoreline should consider providing view corridors in multiple locations so as to maximize public visual access to the shoreline. In the application of design standards, the preservation of public views shall be given priority over landscaping and fencing requirements. 5. Projects should minimize the amount of vehicular parking in the Urban Mixed -Use I and II shoreline environments through use of joint use parking agreements (where permitted), and by locating employee parking off -site and outside the Urban Mixed -Use I and II shoreline environments. 6. Projects should be designed to locate vehicular parking away from the shoreline, bulkhead, or areas of pedestrian circulation. 7. Developments should provide conveniently situated bicycle parking on site. 8. Projects should be designed to minimize impacts to existing shoreline ecological functions. 24.20.110 Restoration Element A. Purpose The restoration element provides for the timely restoration and enhancement of ecologically impaired areas within available economic resources in a manner that achieves a net gain in City Council DRAFT City of Edmonds SMP Page 20 of 160 Packet Pg. 232 8.1.b shoreline ecological functions and processes above baseline conditions as of the adoption of the city's shoreline master programs. B. Restoration Goal It is the goal of the city to improve water quality, restore degraded and lost habitat corridors, and improve connectivity of the shoreline environments though voluntary and incentive - based public and private programs and actions consistent with the City of Edmonds Shoreline Master Program Restoration Plan. C. Restoration Policies 1. Protect and/or restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. 2. Protect and restore wetland and restore salt marsh habitat to improve shoreline ecological functions. 3. Remove intertidal fill; restore beach deposits and processes and ecological functions. 4. Remove/replace creosote -treated logs, pilings, and debris. 5. Increase availability of large woody debris and opportunities for recruitment in the nearshore zone. 6. Protect and restore native species of vegetation, fish, and wildlife. 7. Remove or improve fish- and wildlife -passage barriers. 8. Manage and treat stormwater to improve water quality, decrease peak flow events, and increase implementation of low impact development (LID) practices. 9. Protect naturally eroding bluffs and associated ecological functions. 10. Protect and restore wildlife corridors. 11. Ensure that shoreline restoration projects do not degrade critical areas and water quality. 12. Establish incentives that could provide opportunities for new development to restore impaired shoreline ecological functions. 13. Work with the Burlington Northern Santa Fe Railway to encourage nearshore restoration projects on the railroad right-of-way. City Council DRAFT City of Edmonds SMP Page 21 of 160 Packet Pg. 233 8.1.b Part III. Shoreline Environments 24.30.000 Introduction Local governments are required, under the Washington State Shoreline Management Act of 1971 through WAC 173-26, to develop and assign a land use categorization system of shoreline areas as a basis for effective Shoreline Master Programs. The intent of designating shoreline environment is to encourage development that will enhance the present or desired character of the shoreline. To accomplish this, segments of shoreline are given an environment designation based on existing development patterns, natural capabilities and limitations, and the aspiration of the local community. 24.30.010 Adoption Criteria Shoreline Designations have been determined after consideration of - A. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and B. Existing development patterns together with ECDC Title 16 Zoning designations, the City Comprehensive Plan designations and other officially adopted plans; and C. The goals of the City of Edmonds citizens for their shorelines; and D. Other state policies in the Act and the Shoreline Master Program Guidelines (RCW 90.58.020 and WAC 173-26, respectively). 24.30.020 Shoreline Jurisdiction and Environments Designation Maps A. The location and extent of areas under the jurisdiction of the Master Program, and the boundaries of the various shoreline environments affecting the lands and waters of the City are shown in Appendix A of this Master Program. (ECDC 24.100.000) B. The purpose of the official shoreline maps in Appendix A is to identify Shoreline area designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction. Where uncertainty or conflict may occur in the exact location of jurisdictional or shoreline designation boundary line, the shoreline Administrator shall rely up the criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to determinations of shorelands, as amended, rather that the incorrect or outdated map. C. In the event that new shoreline areas are discovered (e.g. associated wetlands) that are not mapped and/designated on the official shoreline map, these areas will be designated in the following manner. City Council DRAFT City of Edmonds SMP Page 22 of 160 Packet Pg. 234 8.1.b If a newly discovered shoreline area is adjacent to a single shoreline area environment, then the newly discovered shoreline area will be assigned the same shoreline designation as the adjacent shoreline area. 2. If a newly discovered shoreline area abuts more than one shoreline area environment, the shoreline area environment that is most restrictive shall be assigned to the newly discovered shoreline area. 24.30.030 Aquatic Environment A. Purpose The purpose of the aquatic low -intensity environment (Aquatic I) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. The purpose of the aquatic high -intensity environment (Aquatic II) is to protect the unique characteristics and resources of the aquatic environment by managing water -dependent use activities to prioritize preservation and restoration of natural resources, navigation, recreation, and commerce, and by assuring compatibility between shoreland and aquatic uses. B. Classification Criteria 1. General. These are lands waterward of the ordinary high water mark for both saltwater and freshwater bodies of water, including any submerged or inter -tidal areas. The Aquatic I and II environment designations include the water surface together with the underlying lands and the water column. Information from the shoreline inventory and characterization report was used in conjunction with the comprehensive plan and zoning information to determine the appropriate environment designation. 2. Aquatic I (Low Intensity). These areas are mostly characterized by aquatic ecosystems that have been modified by the Burlington Northern Santa Fe railroad bed fill that covers the intertidal and transitional upland zones along the beach. The beach has been altered by seawalls or large -rock riprap. These shoreline areas generally exhibit low -intensity development and few over -water structures. In freshwater areas, there may be a significant number of docks and piers serving residential areas. 3. Aquatic II (High Intensity). These areas are more intensely developed areas with water - dependent uses. The marine nearshore has been significantly modified by commercial waterfront development, including the Port of Edmonds Marina and the Washington State Ferries pier. City Council DRAFT City of Edmonds SMP Page 23 of 160 Packet Pg. 235 8.1.b C. Area Designated Aquatic I (Low Intensity): Applicable to all marine aquatic environments waterward of the ordinary high water mark between the southern boundary of the City and the old Union Oil dock, between the northern edge of the Edmonds fishing pier and the southern edge of the Main Street ferry terminal, between the northern edge of the Main Street ferry terminal and the northern boundary of the City, and Lake Ballinger. 2. Aquatic II (High Intensity): Applicable to those marine aquatic environments waterward of the ordinary high water mark between the old Union Oil dock and the northern edge of the Edmonds fishing pier, and between the southern and northern edges of the Main Street ferry terminal. D. Management Policies New over -water structures should be limited and allowed only for water -dependent uses, public access, or ecological restoration. 2. The size of new over -water structures should be limited to the minimum necessary to support a structure's intended use. 3. Uses and activities within the Aquatic I and II environments should be compatible with the adjoining shoreline environments. 4. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple uses of over -water facilities should be encouraged, provided that use conflicts can be avoided. 5. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation and moorage. 6. Uses and activities within Aquatic I shoreline environments should be limited to public access, boat moorage, and necessary utility and transportation facilities. 7. All developments and uses should consider impacts to public views. 8. All developments and uses should allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. 9. Restoration opportunities associated with project impacts should be encouraged in the aquatic environment. 10. Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence City Council DRAFT City of Edmonds SMP Page 24 of 160 Packet Pg. 236 8.1.b described in WAC 173-26-201(2)(e) necessary to achieve no net loss of ecological functions. 11. Dredging and dredge material disposal should be limited to the minimum amount necessary. Dredging operations should minimize impacts to other shoreline uses and functions. 12. Filling should be avoided if practicable and limited to the minimum amount necessary. Filling operations should minimize impacts to other shoreline uses and functions. 13. Ensure that piers and docks are compatible with the shoreline area where they are located and are designed and maintained to minimize adverse impacts to the environment. 14. Ensure that marinas are located, designed, constructed, and operated in a manner that will minimize damage to shoreline processes and functions, be compatible with adjacent uses, and protect the aesthetic qualities of the shoreline environment. 15. All developments and uses on navigable waters should be located and designed to minimize interference to navigation. 24.30.040 Natural Environment A. Purpose The purpose of the Natural environment designation is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low -intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. B. Designation Criteria A Natural designation should be considered for shoreline areas if any of the following criteria apply: 1. The shoreline is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem -wide process that would be damaged by human activity; 2. The shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or 3. The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety; City Council DRAFT City of Edmonds SMP Page 25 of 160 Packet Pg. 237 8.1.b Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of shoreline structural modifications, structures, and intensive human uses In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. Recognizing that there is a continuum of ecological conditions ranging from near natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Whether or not a shoreline is ecologically intact is determined on a case -by - case basis. The term "ecologically intact shorelines" applies to all shoreline areas meeting the above criteria ranging from larger reaches that may include multiple properties to small areas located within a single property. C. Area Designated The Natural Designation includes all natural diverse wetland and riparian habitat areas within shoreline management jurisdiction. These include, but are not limited to: The Edmonds Marsh and the historically contiguous wetland to the east of State Route 104. 2. The Shell Creek wetland and lower riparian zone, and the wetlands which are now isolated on the east side of the railroad tracks, which are partially or entirely within 200 feet of the ordinary high water mark of Puget Sound. D. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the Natural shoreline area should not be allowed. 2. The following new uses should not be allowed in areas designated Natural: a. Residential b. Commercial uses, c. Industrial uses, d. Non -water -oriented recreation, City Council DRAFT City of Edmonds SMP Page 26 of 160 Packet Pg. 238 8.1.b e. Roads, utility corridors, and parking areas that can be located outside Natural - designated shorelines. 3. Scientific, historical, cultural, educational research uses, and low -intensity, water - oriented recreational access uses may be allowed, provided that no significant ecological impact on the area will result. 4. New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Subdivision of property in a configuration that would, to achieve its intended purpose, require significant vegetation removal or shoreline modification that adversely impacts ecological functions should not be allowed. 5. Critical areas within shorelines designated as Natural should be protected pursuant to the Edmonds Critical Areas Ordinance, less the exceptions listed in ECDC 24.40.020.C. 6. Restoration opportunities should be encouraged in areas with a Natural designation. 24.30.050 Urban Conservancy Environment A. Purpose The purpose of the Conservancy designation is to protect and restore ecological functions of open space, floodplains, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. B. Designation Criteria The Urban Conservancy environment is applied to shoreline areas within the City where any of the following characteristics apply: 1. They are suitable for water -related or water -enjoyment uses; 2. They are open space, flood plain or other sensitive areas that should not be more intensively developed; 3. They have potential for ecological restoration; 4. The retain important ecological functions, even though partially developed; or 5. They have the potential for development that is compatible with ecological restoration. C. Area Designated Areas generally lying upland of the ordinary high water mark and in between the southern boundary of the City and the south side of the old Union Oil dock, the Willow Creek outlet City Council DRAFT City of Edmonds SMP Page 27 of 160 Packet Pg. 239 8.1.b of the Edmonds Marsh, between the southern edge of the area known as Brackett's Landing South and the southern edge of the Main Street ferry terminal, and from the northern edge of the Main Street ferry terminal to the northern boundary of the area known as Brackett's Landing North, including the spit, and to the east as far as the Burlington Northern Santa Fe railroad right-of-way. D. Management Policies Uses that preserve the natural character of the area or promote preservation of open space or sensitive lands either directly or over the long term should be the primary allowed uses in Conservancy areas. 2. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the Conservancy designation and the setting. 3. Public access and public recreation objectives should be implemented in Conservancy areas whenever feasible. 4. Water -oriented uses should be given priority over non -water -oriented uses. For shoreline areas adjacent to commercially navigable waters, water -dependent uses should be given highest priority. 5. New development should be designed and located to preclude the need for shoreline armoring, vegetation removal, flood control, and other shoreline modifications. 6. Restoration opportunities should be encouraged in Conservancy areas. 7. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within Conservancy areas. These standards shall ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. 24.30.060 Shoreline Residential A. Purpose The purpose of the shoreline residential environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria General. These are areas typified by residential development in areas where topography, transportation systems, and development patterns make it extremely unlikely that more intensive use would be appropriate. City Council DRAFT City of Edmonds SMP Page 28 of 160 Packet Pg. 240 8.1.b 2. Shoreline Residential L• This designation is appropriate for shoreline areas with larger -lot residential development along the marine shoreline. 3. Shoreline Residential II: This designation is appropriate for shoreline areas with smaller - lot residential development along the marine shoreline. 4. Shoreline Residential III: Designation for single-family residential development adjacent to freshwater (e.g., Lake Ballinger). C. Area Designated General. A shoreline residential environment designation has been assigned to shoreline areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development. There are three levels of shoreline residential environment designations corresponding to the Edmonds zoning and comprehensive plan designations. The areas which are appropriate for this classification are as follows: 2. Shoreline Residential I: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-12 and RS-20. 3. Shoreline Residential II: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-6. 4. Shoreline Residential III: The upland area adjacent to the shoreline of Lake Ballinger which is zoned RSW-12. D. Management Policies 1. Multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities when consistent with statutory and constitutional limitations on development exactions. 2. Commercial development within the shoreline residential environment should be limited to water -oriented uses. Commercial development does not include lawful home occupations. 3. Structurally engineered shoreline modifications and stabilization should be prohibited except in cases of emergency as defined. 4. Steep slopes shall be protected per the requirements of ECDC 23.80, the building code, and this SMP. 5. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. City Council DRAFT City of Edmonds SMP Page 29 of 160 Packet Pg. 241 8.1.b 6. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 7. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. 24.30.070 Urban Mixed Use A. Purpose The purpose of the urban mixed -use environment is to provide for high -intensity, water - oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. B. Designation Criteria General. These areas have been intensely developed with a mix of commercial uses, port facilities, multimodal transit facilities, railroad facilities, and limited light industrial uses. Two very distinct areas make up the three Urban Mixed -Use environments. The Edmonds waterfront area west of the railroad tracks which has the ability to provide direct access to the navigable waters of the Puget Sound and the near waterfront area east of the railroad tracks with no direct access to Puget Sound. A policy of the Shoreline Management Act is to plan for and foster all reasonable and appropriate uses and the shoreline master program rules generally prohibit nonwater-oriented development unless navigability is severely limited. Given these two distinct areas, the Urban Mixed -Use environments west of the railroad tracks is appropriate for water -oriented development, while the area east of the railroad tracks may be appropriate for nonwater-oriented development given its separation from Puget Sound. The environmental differences between the Urban Mixed -Use environments are further emphasized by the City of Edmonds Comprehensive Plan designation and zoning applied to these areas. West of the railroad tracks the comprehensive plan designation and zoning encourage water -oriented type development and uses, while east of the railroad tracks the comprehensive plan designation and zoning encourage mixed -use type development, including mixed commercial -residential development. 2. Urban Mixed -Use I: This designation is appropriate to water -related and water - enjoyment commercial and recreational uses. City Council DRAFT City of Edmonds SMP Page 30 of 160 Packet Pg. 242 8.1.b 3. Urban Mixed -Use II: This designation is assigned to areas that are suitable and planned for high -intensity, water -dependent uses related to commerce, transportation, and recreation. 4. Urban Mixed -Use III: The designation is appropriate for those areas that have been intensely developed and that have no direct access to navigable waters. This designation is assigned to areas that are suitable and planned for mixed -use development including high -intensity, commerce, transportation, recreation and residential development. 5. Urban Mixed -Use IV: The Urban Mixed -Use IV designation is being established as an interim shoreline designation. The Edmonds Marsh being identified as a shoreline of the state is new to this SMP update and was identified as a shoreline of the state late in the planning process. With properties within 200-feet of the salt influenced portions of the marsh now under shoreline jurisdiction (where they had not previously been so designated) specific review of the effects of establishing a shoreline environment on existing and proposed uses around the marsh must be studied. The south side of the marsh has been identified as the future site of the Edmonds Crossing Ferry Terminal which underwent significant environment review with a Final Environmental Impact Statement issued in 2004. On the north side of the Marsh is the Harbor Square commercial development owned by the Port of Edmonds. The SMP update process was delayed to allow the Port of Edmonds time to submit a long planned Harbor Square Master Plan for concurrent review by the City of Edmonds. The Port's proposed Harbor Square Master Plan was ultimately not adopted by the City. The Edmonds Marsh is also being studied for potential restoration projects including the daylighting of the Willow Creek outlet as well as the marshes role in the flooding problem at the Dayton Street/State Route 104 intersection and the role the marsh and play in a solution to the flooding problem. Establishing the Urban Mixed -Use IV designation as an interim designation will allow the City, in cooperation with property owners, Ecology, scientists, interested agencies/organizations, and members of the public, to carefully review effects of establishing a new shoreline jurisdiction for the area around the marsh on existing and planned development as well as the ecological role the Edmonds Marsh plays in the City of Edmonds. The City intends to study the issues surrounding the Edmonds Marsh and related Urban Mixed -Use IV designation for two years from the effective date of this SMP. At the end of the study period, the City will adopt appropriate shoreline environment designation(s) for the area surrounding the Edmonds Marsh including evaluating whether a new designation is needed and whether the entire area should have the same designation. City Council DRAFT City of Edmonds SMP Page 31 of 160 Packet Pg. 243 8.1.b C. Area Designated Urban Mixed -Use I: The upland area above ordinary high water north of the northern border of the Edmonds fishing pier to the southern edge of the area known as Brackett's Landing South. This area would include the waterfront commercial area. 2. Urban Mixed -Use II: The upland area above ordinary high water between the old Union Oil dock and the northern border of the Edmonds fishing pier and between the southern and northern edges of the Main Street ferry terminal. This area would include the Edmonds Marina and associated facilities, as well as the Main Street ferry terminal. 3. Urban Mixed -Use III: The six parcels near the existing ferry terminal bounded by the railroad right-of-way to the west, Main Street, Sunset Avenue North, Bell Street. 4. Urban Mixed -Use IV: The upland areas beyond the tidally influenced portions of Edmonds Marsh including portions of Harbor Square on the north side of the marsh and portions of the former UNOCAL oil storage facility on the south side of the marsh. D. Management Policies In regulating uses in the Urban Mixed -Use environments, first priority should be given to water dependent uses. Second priority should be given to water -related and water - enjoyment uses. Non -water oriented uses maybe allowed as part of mixed use developments. Non -water oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline. 2. Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. 3. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated Urban Mixed -Use However, consideration should be given to the potential for displacement of non -water -oriented uses with water -oriented uses when analyzing full utilization of urban waterfronts and before considering expansion of such areas. 4. Where feasible, visual and physical public access should be provided. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 6. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. City Council DRAFT City of Edmonds SMP Page 32 of 160 Packet Pg. 244 8.1.b 7. Any new development shall include environmental cleanup, restoration of shoreline or other development techniques where feasible and appropriate to assure no net loss of shoreline ecological functions, and shall comply with any relevant state and federal law. 24.30.080 Urban Railroad A. Purpose The purpose of the Urban Railroad environment designation is to identify the 100-foot right- of-way for the Burlington Northern Santa Fe railroad along the Edmonds shoreline. This designation will provide for high -intensity transportation uses while protecting ecological functions. B. Designation Criteria This area has been historically developed and used as a dedicated railroad right-of-way and contains limited improvements which are designed to aid in the transportation of goods and passengers by rail. This shoreline environment area generally contains very few areas of undisturbed natural shoreline. With the exceptions of Lund's Creek estuary, Edmonds Underwater Park, Brackett's landing and part of Marina Beach Park, the entire Edmonds shoreline (more than 90 percent) is armored by the BNSF railroad bed and bulkheads. Most of the BNSF rail bed along the Edmonds shoreline consists of an armored berm with two sets of parallel tracks on top, comprising a top width of at least 24 feet or more and a wider base width. The waterward side of the berm is typically armored with large rock or granite blocks, placed vertically or on a 2:1 slope. C. Area Designated The area is defined as that area within the Burlington Northern Santa Fe Railway right-of- way as established on the date of the adoption of this master program, from the northern right-of-way line of Main Street to the northern city limits, and from the southern city limits north approximately 300 feet. D. Management Policies 1. Restoration opportunities associated with project impacts should be encouraged in areas designated Urban Railroad. 2. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. City Council DRAFT City of Edmonds SMP Page 33 of 160 Packet Pg. 245 8.1.b Part IV General Policies & Regulations 24.40.000 Applicability The provisions of this chapter shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. 24.40.010 Archaeological and Historic Resources A. Applicability. The following provision apply to archaeological and historic resources whose presence are either recorded at the State Historic Preservation Office and/or by the City of Edmonds or such resources that are uncovered during development activities. Archaeological sites located both in and outside shoreline jurisdiction are subject to chapter 27.44 RCW (Indian graves and records) and chapter 27.53 RCW (Archaeological sites and records) and development or uses that may impact such sites shall comply with chapter 25-48 WAC as well as the provisions of this section. B. Regulations: Where practicable, consistent with constitutional and statutory limitations, public or private developments shall be prevented from destroying or destructively altering potential or recognizable sites having historic, cultural, scientific, or educational value as identified by appropriate authorities. 2. The city may require that a site be redesigned or that development be postponed for a definite or indefinite period if this is reasonably necessary to protect a historic site or items of historic, archeological or cultural significance 3. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties with 500 feet of a site known to contain an historic, cultural or archaeological resource(s), the City shall require a cultural resource site assessment; provided that, this requirement may be waived if the Administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic cultural or archaeological site. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of significant historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. 4. Whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately, the site secured and the find reported as soon as a possible to the Administrator. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and appropriate Native American Tribes. In such cases, the developer shall allow site inspection and City Council DRAFT City of Edmonds SMP Page 34 of 160 Packet Pg. 246 8.1.b evaluation by a professional archaeologist and tribal representative to ensure that all possible valuable archaeological data are properly salvaged. Work should not resume until approval is obtained from the Shoreline Administrator. 24.40.020 Critical Areas A. Applicability. Critical areas include the following areas and ecosystems: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. B. The City of Edmonds Critical Area Ordinance, as codified in Chapters 23.40 through 23.90 ECDC (dated November 23, 2004, Ord. 3527), are herein adopted as a part of this Program, except for the specific subsections list below in ECDC 24.40.020.D. All references to the City of Edmonds Critical Area Ordinance in this Program are for this specific version. As a result of this incorporation of the Edmonds Critical Area Ordinance, the provisions of Chapters 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.D, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. In addition to the critical area regulations in Chapters 23.40 through 23.90 ECDC (Appendix B) of this Master Program), the regulations identified in this section also apply to critical areas within shoreline jurisdiction. Where there are conflicts between the City of Edmonds Critical Area Ordinance and this Shoreline Master Program, provisions of the Shoreline Master Program shall prevail. C. The specific provisions of the Critical Area Ordinance listed below may only be implemented within shoreline jurisdiction through the shoreline variance process; 1. Wetlands: a. ECDC 23.50.040.F.3. Any shoreline project that proposes going beyond a 25% buffer reduction through the mechanisms described in ECDC 24.40.020.E.3 would require a shoreline variance. No variance is required for wetland buffer reductions consistent with ECDC 24.40.020.E.3. 2. Geologically Hazardous Areas: a. ECDC 23.80.040.B.I & 2: Allowed activities in geologically hazardous areas b. ECDC 23.80.070.A. Lb & A.2: Buffer reduction and alterations 3. Fish and Wildlife Habitat Conservation Areas a. ECDC 23.90.040.D.2: Reduced buffer widths b. ECDC 23.90.040.D.4: Additions to structures existing within stream buffers City Council DRAFT City of Edmonds SMP Page 35 of 160 Packet Pg. 247 8.1.b D. Exceptions. The specific provisions of the Critical Area Ordinance listed below shall not apply to development within shoreline jurisdiction. 1. General Provisions: a. Provisions of chapter 23.40 ECDC relating to reasonable economic use of property do not apply to property with shoreline jurisdiction; specifically ECDC 23.40.000 and ECDC 23.40.210(2). b. ECDC 23.40.130.D: Monitoring Program c. ECDC 23.40.210: Variance d. ECDC 23.40.220.C.8: Minor Site Investigation Work e. ECDC 23.40.230: Exemptions 2. Wetlands: a. ECDC 23.50.010.B: Wetland Ratings b. ECDC 23.50.040.F.1: Standard Buffer Widths c. ECDC 23.50.040.F.4: Wetland Buffer Width Averaging. d. ECDC 23.50.040.F.8.b: Passive Recreation e. ECDC 23.50.040.L• Exemptions f. ECDC 23.50.050.F: Mitigation Ratios g. ECDC 23.50.050.G: Wetlands Enhancement as Mitigation E. Development limitations. 1. All uses, modifications and activities on sites containing marine shorelines, environmentally sensitive areas and/or critical areas must comply with all applicable local, state, and federal laws pertaining to development in these areas unless in conflict with the provisions of this Master Program. 2. The site must be specifically designed so that hazards from or impact on the environmentally sensitive area and/or critical areas will be mitigated. 3. Mitigation sequencing. In order to comply with ECDC 24.40.020.E.2 above, a shoreline permit applicant or project proponent shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not have significant adverse impacts. Mitigation shall occur in the following prioritized order: City Council DRAFT City of Edmonds SMP Page 36 of 160 Packet Pg. 248 8.1.b a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project. d. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 4. Monitoring Program. Mitigation plans shall include a program for monitoring construction and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years 1, 2, 3, 5, 7, and 10 after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than ten years. 5. Long-term Protection of Mitigation Sites. The City shall require documentation that a mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement, deed restriction or other agreement between the applicant and the owner of a mitigation site. Such documentation shall be recorded with the Snohomish County auditor. F. Wetlands. Wetlands are those areas, designated in accordance with WAC 173-22-035 that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Wetlands shall be rated according to the Washington State wetland rating system for western Washington (Washington State Wetland Rating System for Western Washington City Council DRAFT City of Edmonds SNIP Page 37 of 160 Packet Pg. 249 8.1.b — Revised, Ecology Publication #04-06-025) or as revised by Ecology. This document contains the definitions and methods for determining the criteria and parameters defining the following wetland rating categories: a. Category L Category I wetlands are: 1) relatively undisturbed estuarine wetlands larger than 1 acre; 2) wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4) mature and old - growth forested wetlands larger than 1 acre; 5) wetlands in coastal lagoons; or 6) wetlands that perform many functions well (scoring 70 points or more). b. Category II. Category II wetlands are: 1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; 2) interdunal wetlands larger than 1 acres; 3) disturbed coastal lagoons or 4) wetlands with a moderately high level of functions (scoring between 51-69 points). Category III. Category III wetlands are: 1) wetlands with a moderate level of functions (scoring between 30 and 50 points); or 2) interdunal wetlands between 0.1 and 1 acre in size. d. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 30 points) and are often heavily disturbed. 2. Development in designated wetlands within shoreline jurisdiction shall be regulated in accordance with the following: a. Buffer Requirements. The standard buffer widths in ECDC 24.40.020.F.2.b below have been establish in accordance with best available science. The buffers are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington state wetland rating system for western Washington. i. The use of the standard buffer widths requires the implementation of the measures in ECDC 24.40.020.F.2.c, where applicable, to minimize the impacts of the adjacent land uses. ii. If an applicant chooses not to apply the mitigation measures in ECDC 24.40.020.F.2.c, than a 33% increase in the width of all buffer is required. iii. The standard buffer widths assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. iv. Additional buffer widths are added to the standard buffer widths. For example, a Category I wetland scoring 32 points for habitat function would require a buffer of 225 feet (75 + 150). City Council DRAFT City of Edmonds SMP Page 38 of 160 Packet Pg. 250 8.1.b b. Wetland Buffer requirements for wetlands within City of Edmonds shoreline jurisdiction. Wetland Category Standard Buffer Additional Additional Additional Width buffer width if buffer width if buffer width if wetland scares wetland scares wetland scares 21-25 habitat 26-29 habitat 30-36 habitat points Points points Category L• Based on 75 ft Add 30 ft Add 90 ft Add 150 ft total score Category L• Bogs 190 ft NA NA Add 35 ft Category I: Forested 75 ft Add 30 ft Add 90 ft Add 150 ft Category I: Estuarine 150 ft NA NA NA Category II (all) 75 ft Add 30 ft Add 90 ft Add 150 ft Category III (all) 60 ft Add 45 ft Add 105 ft NA Category IV (all) 40 ft NA NA NA c. Required measures to minimize impacts to wetlands. Measures are required, where applicable to a specific proposal. Disturbance Required measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the out wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Impact Development techniques (per PSAT publication on LID techniques) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to City Council DRAFT City of Edmonds SMP Page 39 of 160 Packet Pg. 251 8.1.b delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Disruption of corridors or • Maintain connections to offsite areas that are connections undisturbed • Restore corridors or connections to offsite habitats by replanting d. Where wetland or buffer alterations are permitted by the City of Edmonds, the applicant shall mitigate impacts to achieve no not loss of wetland acreage and functions. Compensatory mitigation shall be provided according to Wetlands in Washington State, Volume 2: Guidance for Protecting and Managing Wetlands, Appendix 8-C, Table 8-C11, Ecology Publication #05-06-008, or as revised by Ecology. e. Buffer width Reductions Though Buffer Enhancement. At the discretion of the Edmonds development services director, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer with reduction to no less than 25 percent of the standard width; provided, that: i. The plan provides evidence that wetland functions and values will be increased or retained through plan implementation to at least the level provided by a standard buffer or through additional mitigation; ii. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; iii. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 24.40.020.E.4; and iv. The plan specifically documents methodology and provides performance standards for assessing increases in wetland buffer functioning as related to: 1. Water quality protection; 2. Provision of wildlife habitat; 3. Maintenance of wetland hydrology; and City Council DRAFT City of Edmonds SMP Page 40 of 160 Packet Pg. 252 8.1.b 4. Restricting wetland intrusion and disturbance. f. Wetland Buffer Width Averaging. The director may allow modification of a standard buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Only those portions of a wetland buffer existing with the project area or subject parcel shall be considered for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: i. It will not reduce the function and value of wetlands or associated buffers; ii. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not by adversely impacted by narrower buffer in other places; iii. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetland extending off -site, after averaging is no less than that which would be contained within a standard buffer; and iv. The buffer width at any single location is not reduced to less than 25 percent of the standard buffer width. g. Physically Separated and Functionally Isolated Buffers. i. Areas which are both physically separated and functionally isolated from a wetland and do not protect the wetland from adverse impacts due to preexisting public roads, structures, or similar circumstances, shall be excluded from the buffers otherwise required by this subsection. ii. A critical area report prepared by a qualified professional is required to determine whether the buffer is functionally isolated. h. Passive Recreation. The following passive recreation facilities may be permitted within a wetland buffer provided the facilities are designed and in accordance with an approved critical area report: i. Walkways and trails; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated piling may be acceptable; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. City Council DRAFT City of Edmonds SMP Page 41 of 160 Packet Pg. 253 8.1.b Additions to structures existing within wetlands and/or wetland buffers may be permitted pursuant to ECDC 23.50.040.H. Additions to structures within wetlands will also require state and federal approval. G. Geologically hazardous areas. Development in designated geologically hazardous areas shall be regulated in accordance with the following: New development or the creation of lots should not be allowed that would cause foreseeable risk from geological conditions to people or improvements during the life of the development. 2. New development should not be allowed that would require structural shoreline stabilization over the normal, useful life of the development. Exception may be made for instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to ECDC 24.50.020, Shoreline stabilization. 3. Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be all in conformance with ECDC 24.50.020 requirements and then only if no net loss of ecological functions will result. H. Critical Saltwater Habitats. 1. Development shall not intrude into or over critical saltwater habitats except when all of the conditions below are met: a. The public's need for such an action or structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020; b. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose. c. The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat. d. The project is consistent with the state's interest in resource protection and species recovery. 2. Private, non-commercial docks for individual residential or community use may be allowed provided that: a. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible; City Council DRAFT City of Edmonds SMP Page 42 of 160 Packet Pg. 254 8.1.b b. The project, including any required mitigation, will result in not net loss of ecological functions associated with critical saltwater habitat. 3. Where inventory of critical saltwater habitat has not been completed, all over water and near -shore developments in marine and estuarine waters shall be required to conduct an a habitat assessment of the site and adjacent beach sections to assess the presence of critical saltwater habitats and functions. I. Critical Freshwater Habitats. Existing hydrological connections into and between water bodies, such as streams and wetlands, shall be maintained. Obstructed channels shall be reestablished as a condition of nonwater-dependent uses, where feasible. Additional authority. In addition to any other authority the city may have, the city is hereby authorized to condition or deny a proposed use, modification or activity or to require site redesign because of hazards associated with the use, modification or activity on or near an environmentally sensitive and/or critical area, and/or the effect of the proposal on the environmentally sensitive area and/or critical area. 24.40.030 Flood Hazard Reduction A. Applicability. The following provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modification that may increase flood hazards. B. Regulations. 1. Development and redevelopment shall be located and designed to prevent the need for structural flood hazard reduction measures. 2. Nonstructural flood reduction measures shall be given preference over structural measures. 3. Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: a. They are necessary to protect health/safety and or existing development; b. Non-structural flood hazard reduction measures are infeasible; and c. The flood control work will not result in a net loss of ecological function in the shoreline area. 4. New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration. City Council DRAFT City of Edmonds SMP Page 43 of 160 Packet Pg. 255 8.1.b 5. Development within the shoreline environment shall meet the standards and provisions for protection of frequently flooded areas as provided to areas of special flood hazard in the current edition of the International Residential Code and International Building Code, as adopted in ECDC Title 19. 24.40.040 Public Access and Views A. Applicability. Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. The public access provisions below apply to all shorelines within the City of Edmonds. B. Regulations 1. Except as provided in subsections 2 through 4 of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present: a. Where the use or modification will create increased demand for public access to the shoreline, the development shall provide public access to mitigate this impact. b. Where the use or modification will interfere with an existing public access way, the development shall provide public access to mitigate this impact. Where a use which is not a priority shoreline use under the Shoreline Management Act will locate on a shoreline of the state, the use or modification shall provide public access to mitigate this impact. d. Within the Edmonds shoreline jurisdiction, where a use or modification will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. e. New multifamily residential development. f. Where there is a subdivision of land into more than four parcels. 2. An applicant need not provide public access where one or more the following conditions apply: a. Unavoidable health or safety hazards to the public exist which cannot be prevent by any practical means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; City Council DRAFT City of Edmonds SMP Page 44 of 160 Packet Pg. 256 8.1.b c. The cost of providing the access, easement or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development; d. Unacceptable environmental harm will result from the public access which cannot be mitigated; e. Significant undue and unavoidable conflict between any access provisions and the proposed use/modification and adjacent uses would occur and cannot be mitigated; or, 6. Statutory or constitutional requirements would prohibit the mandatory dedication of access without just compensation or compliance with statutory criteria. 3. In order to meet any of the conditions in subsection 2.a through 2.e of this section, the applicant must first demonstrate and the city determine in its finds that all reasonable alternatives have been exhausted, including but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and Developing provisions for access at a site geographically separated from the proposal such as street end, vista or trail system. 4. Exceptions. The following uses, developments, modifications and activities are exempt form providing public pedestrian access under this section: a. The construction, repair, remodeling and use of one detached single-family dwelling unit, as well as the construction, remodeling, repair, and use of bulkheads, docks and other uses, modification and activities incidental to the use of the subject property as a detached single-family residence. b. All shoreline uses, modifications and activities in conservancy environments, or environmentally sensitive areas where the city determines that access would create distinct and unavoidable hazards to human safety or be contrary to city policies regarding the protection of unique and fragile environments. 5. Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline. 6. Public Use Facilities. a. In addition to the public pedestrian areas required by subsection 1 of this section, the applicant may propose and/or the city may require that benches, picnic tables, a public City Council DRAFT City of Edmonds SMP Page 45 of 160 Packet Pg. 257 8.1.b access pier or boardwalk, or other public use facilities be constructed on the subject property. b. If public use facilities are required or proposed, the city will determine the size, location and other regulations (design considerations) on a case -by -case basis. 7. Timing. The public pedestrian access required by this section must be completed and available at the time of occupancy or completion of work; provided, however, that the city may on a case -by -case basis defer the physical availability of public access in the following cases: a. If shoreline development without public pedestrian access exists on both sides of the subject property and the city determines that the size, location and topography or the subject property does not warrant making public waterfront access available until additional adjacent waterfront access can be obtained. b. If pre-existing legal or nonconforming improvements on the subject property physically preclude the provisions of public waterfront access within a reasonable period of time. 8. Easements recorded. In each case where public pedestrian access is required, whether it is physically available at the end of development or deferred until a later date, all owners of the subject property must record a public pedestrian easement, in a form approved by the city attorney, establishing the right of the public to access, use and traverse that portion of the subject property. 9. Signs. The city shall require the posting of signs, obtained from the city at the city's cost, designating public pedestrian access. The planning manager or his/her designee is authorized to establish reasonable rules and regulations governing the public's use of public pedestrian access and use areas under this chapter. Where appropriate, these rules and regulations shall be included within the document recorded under subsection 8 of this section. 10. Shoreline uses, modifications and activities shall be designed and operated to avoid blocking, reducing or adversely interfering with the public's existing physical and visual access to the water and shorelines. 11. View Protection Regulations. a. Within the Urban Mixed Use I, Urban Mixed Use II and adjacent Aquatic I and Aquatic II shoreline designations no building or other major structure may be located within the following required view corridors: i. Landward of the ordinary high water mark, a view corridor must be maintained across 30 percent of the average parcel width. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas, and landscaping will be allowed; provided, that they do not obscure the view from adjacent public right-of- way to and beyond the Puget Sound. This view corridor must be adjacent to either City Council DRAFT City of Edmonds SMP Page 46 of 160 Packet Pg. 258 8.1.b the north or south property line, whichever will result in the widest view corridor given development on adjacent properties. If the subject property has shoreline frontage in excess of 1,000 feet, the city may require a maximum of one-third of the required view corridor to be placed in a location between the north and south property lines, in a location which will provide for the greatest unobstructed view of the Puget Sound. ii. Waterward of the ordinary high water, view corridors which are required pursuant to this section must be maintained starting at a width equal to the adjacent upland view corridor and expanding in a conical fashion 30 degrees from the prolongation of the view corridor water of the ordinary high water mark. b. Within the Urban Mixed Use IV designation i. Uses and activities must be designed and operated to avoid blocking or adversely interfering with visual access from public areas to the water and shorelines. 12. Public access provided by shoreline street ends, public utilities and rights -of -way shall not be diminished (RCW 35.79.035 and 36.87.130). 13. Public access sites shall be connected directly to the nearest public street and shall include provisions for disabled and physically impaired persons, where feasible. 14. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, at a minimum. Said recording with the county auditor's office shall occur at the time of permit approval (RCW 58.17.110). 15. The minimum width of public access easements shall be 25 feet, unless the administrator determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary, as determined by the administrator, to relieve the hardship. Provided the larger easement is not needed for emergency access. 16. Future actions by the applicant successors in interest or other parties shall not diminish the usefulness or value of the public access provided. 17. Visual access shall be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public view corridors as designated by the city. 24.40.050 Shoreline Vegetation Conservation A. Applicability. 1. Vegetation conservation includes activities to protect and restore vegetation along or near marine and freshwater shorelines that contribute to the ecological functions of shoreline City Council DRAFT City of Edmonds SMP Page 47 of 160 Packet Pg. 259 8.1.b areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. 2. Unless otherwise stated, vegetation conservation does not include those activities covered under the Washington State Forest Practices Act, except for conversion to other uses and those other forest practice activities over which local governments have authority. Vegetation conservation provisions apply even to those shoreline uses and developments that are exempt from the requirement to obtain permit. 3. Where new developments and/or uses are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, where feasible. Important functions of shoreline vegetation include, but are not limited to: a. Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota. b. Providing organic inputs critical for aquatic life. c. Providing food in the form of various insects and other benthic macroinvertebrates. d. Stabilizing banks, minimizing erosion, and reducing the occurrence of landslides. Reducing fine sediment input into the aquatic environment through stormwater best management practices. f. Filtering and vegetative uptake of nutrients and pollutants from ground water and surface runoff. g. Providing a source of large woody debris into the aquatic system. h. Regulation of microclimate in the stream -riparian and intertidal corridors. i. Providing habitat for wildlife, including connectivity for travel and migration corridors. B. Regulations. 1. Alteration of native shoreline vegetation shall only be allowed as set forth below: a. Landscaping or maintenance associated with an existing legal use or new permitted shoreline use or development. The use of native plant species shall be encouraged. City Council DRAFT City of Edmonds SNIP Page 48 of 160 Packet Pg. 260 8.1.b b. Removal of noxious weeds as listed by the state in WAC 16-750, provided such activity shall be conducted in a manner consistent with best management practices and native vegetation is promptly reestablish in the disturbed area. Modification of vegetation in association with a legal, nonconforming use provided that said modification is conducted in a manner consistent with this Master Program and results in no net loss to ecological functions or critical fish and wildlife conservation areas. d. Restoration activities conducted in accordance with an approved plan designed to improve ecological functions and values. 2. The removal or disturbance of existing vegetation and the alteration of topography shall be limited to the minimum necessary to accommodate approved shoreline development. 3. Exposed soils shall be immediately developed or revegetated to prevent erosion. 4. Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season. 5. In all cases where clearing is followed by revegetation, native plants shall be preferred 24.40.060 Water Quality, Stormwater, and Nonpoint pollution A. Applicability. The following provisions applies to all development and uses within shoreline jurisdiction that may affect water quality. B. Regulations. An erosion and sedimentation control plan shall be submitted with a permit application for activities that involve the removal of vegetation, stockpiling of earth or other materials, or any activity that could result in shoreline erosion or siltation. Said program shall conform to the City of Edmonds' stormwater code requirements, Engineering Design Standards and shall at a minimum, utilize Best management Practices (BMPs) to prevent shoreline erosion and siltation. 2. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or permanent basis, shall not occur in shoreline without adequate secondary containment and an emergency spill response plan in place. 3. All development approved under this Shoreline Master Program shall be designed and maintained consistent with the City's Stormwater Comprehensive Plan, all codes related to stormwater, and Engineering Design Standards. City Council DRAFT City of Edmonds SMP Page 49 of 160 Packet Pg. 261 8.1.b 4. New development is encouraged to employ Low Impact Development principles and practices such as setbacks, retaining land cover, and reducing impervious areas, and use special caution to avoid infiltration of stormwater in shoreline areas along marine bluffs. City Council DRAFT City of Edmonds SMP Page 50 of 160 Packet Pg. 262 8.1.b 24.40.070 Shoreline Development Table: User Guide SDP Listed shoreline development permitted as a Shoreline Substantial Development Permit and subject to the policies and regulations of this Master Program. Pursuant to WAC 173-27-040 and ECDC 24.80.010, certain shoreline uses and modifications may be exempt from the requirements of the substantial development permit process. These exemptions shall be construed narrowly and only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. Developments meeting the exemption from the requirements of the substantial development permit process are still subject to the policies and regulations of this Master Program. SCUP Listed shoreline development may be permitted as Shoreline Conditional Use Permit subject to the policies and regulations of this Master Program. Shoreline developments requiring Shoreline Conditional Use Permits are not subject to the exemptions in WAC 173-27-040 or ECDC 24.80.010. X Listed shoreline development is prohibited. * Prohibited shoreline development is subject to specific exceptions. See Shoreline Area Regulations section for the listed shoreline development. + Permitted shoreline development is subject to specific limitations on where and/or when development may be permitted. See Shoreline Area Regulations for the listed shoreline development. 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation' Shoreline Development Shoreline Area Designation Urban Railroad Urban Mixed Use I Urban Mixed Use II Urban Mixed Use III Urban Mixed Use IV Shoreline Residential I Shoreline Residential II Shoreline Residential III Aquatic I Aquatic 11 Conservancy Natural A uaculture X SCUP SCUP X SCUP X X X SCUP SCUP SCUP SCUP Artwork SDP SDP SDP SDP SDP SDP SDP SDP X X SDP SDP Boating Facilities Launch Ramps X SDP SDP X X X X X X X X X Marinas X SDP SDP X X X X X X X X X Covered Over -water structures X X X X X X X X X X X X City Council DRAFT City of Edmonds SMP Page 51 of 160 Packet Pg. 263 8.1.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Use IV Residential I Residential II Residential III Use I II Use III Commercial and Light Industrial Water -oriented X SDP SDP SDP SDP X X X X X X X Nonwater- X SDP+ SDP+ SDP± SDP X X X X X X X oriented Dredging SCUP SCUP SCUP X X X X SCUP SCUP SCUP SCUP X Landfill SCUP SDP SDP SDP SDP SDP SDP SDP SCUP SCUP SCUP SCUP' Moorage: Piers, Docks, and Floats Commercial X SDP SDP X X X X X X SDP X X Private, Public, and Shared X SDP SDP X X SDP SDP SDP SDP SDP SDP X Aircraft X X X X X XR XR X X X XR Xx Recreation X SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP Residential Detached Residential X X X SDP X SDP SDP SDP X X X X (Single-family) Attached or stacked Residential X X X SDP X X X X X X X X (Multi -family) Shoreline Stabilization Groins SDP SDP SDP X X X X X SCUP SCUP SCUP X Breakwaters SDP SDP SDP X X X X X SCUP SCUP SCUP X and jetties Bulkheads and similar SDP SDP SDP X SCUP X X SDP X X SCUP X structures Bioengineering SDP SDP SDP X SDP X X SDP SDP+ SDP- SDP X Gabions I X X X X X X X X X X X X City Council DRAFT City of Edmonds SMP Page 52 of 160 m 0 0. E M 0 L a M m c 0 t 0 M Ln CO T T T 0 N m 0 L 0. Q. a a c 0 0 t� N s x w c d E z c� a Packet Pg. 264 8.1.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Use IV Residential I Residential II Residential III Use I II Use III Signs SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP Transportation Railroads SDP SDP SDP X X X X X X X X X Ferry Terminals SCUP SDP SDP SDP SDP X X X SCUP SCUP X X Parking — supporting associated SDP SDP SDP SDP SDP X X X X X SCUP+ X water- dependentuse Parking — not supporting an associated SDP SCUP+ SCUP+ SDP SDP X X X X X SCUP+ X water - dependent use Other SCUP SDP SDP SDP SDP SDP SDP SDP SDP SDP SCUP+ SCUP+ Utilities SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SCUP In the event that there is a conflict between the development(s) identified in this Table 24.40.080 and the policies and/or regulations with the text of this Master Program, the policies and regulations within the text shall apply. 2: Artwork associate with a permitted use in the Aquatic I or Aquatic II designation may by permitted; otherwise it is a prohibited use. City Council DRAFT City of Edmonds SMP Page 53 of 160 Packet Pg. 265 8.1.b 24.40.090 Shoreline Bulk and Dimensional Standards The following table establishes shoreline -specific development standards in the different shoreline environment designations. Setbacks represent minimum distances and may be larger if a critical area is present consistent with ECDC 24.40.020 and Title 23 ECDC. Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III A uaculture — Over Water Structures Shore Setback (waterward N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ordinary high) Maximum Height above deck of 3ft 3ft 3ft 3ft 3ft N/A N/A N/A 3ft 3 ft. N/A 3ft overwater structure Commercial and Light Industrial Development Water Depend nt Commercial Use Shore Setback N/A 0' 0' 0' 0' N/A N/A N/A N/A N/A N/A N/A Side Setback15 N/A 0' 2 0' 2 Varies 0' N/A N/A N/A N/A N/A N/A N/A Maximum Height16 N/A 30' 30' 25' 35' N/A N/A N/A N/A N/A N/A N/A Maximum N/A None None None None N/A N/A N/A N/A N/A N/A N/A Coverage All Other Commercial and Li ht Industrial Develo ment Shore Setback N/A 15' 15' 50' 100150 " N/A N/A N/A N/A N/A N/A N/A Side Setback (commercial/ N/A 0'/15' 2, 3 0'/15' 2,3 Varies 0' N/A N/A N/A N/A N/A N/A N/A residential) 15 Maximum 16 N/A 30' 30' 25' 35' N/A N/A N/A N/A N/A N/A N/A Height Maximum N/A None None None Varies N/A N/A N/A N/A N/A N/A N/A Coverage City Council DRAFT City of Edmonds SMP Page 54 of 160 Packet Pg. 266 8.1.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III Recreation Shore Setback N/A 15' 15' 15' 15'17 N/A N/A 35' N/A N/A 50' N/A14 Maximum N/A 30' 30' 25' 35' 25' 25' 25' 15 15 15'4 25' 25' Height16 Maximum N/A None None None None 35% 35% 35% N/A N/A 10% or 4,000 N/A Coverage square feet 20% or Maximum N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10,000 N/A impervious square feet Residential Develo went Shore Setback N/A N/A N/A 50'17 100150 N/A N/A 35' N/A N/A N/A N/A Bluff Setback N/A N/A N/A N/A N/A 50'13 N/A N/A N/A N/A N/A N/A Maximum 16 N/A N/A N/A 25' 35' 25' 25' 25' N/A N/A N/A N/A Height Minimum Lot N/A N/A N/A N/A N/A Varies11 6,000 sq ft 12,000 sq ft N/A N/A N/A N/A Area (Sq. Ft. Maximum Density6 N/A N/A N/A N/A N/A Varies 12 7.3 3.7 N/A N/A N/A N/A Maximum N/A N/A N/A N/A N/A 35% 35% 35% N/A N/A N/A N/A Coverage Transportation and Parkin Parkin Uncovered Parking Shore Setback 1 60' 60' 60' 50"1 100150 N/A N/A N/A N/A N/A 60' N/A Structured Parking Shore Setback N/A N/A N/A 50"1 100150 N/A N/A N/A N/A N/A N/A N/A Maximum Heightlb N/A N/A N/A 25' 35' N/A N/A N/A N/A N/A N/A N/A Ferry Terminals Maximum 8 30' 30' 30' 30' 30' N/A N/A N/A 35' 35' N/A N/A Height Railroads Maximum 25' 9 30'') 30' 9 N/A N/A N/A N/A N/A N/A N/A N/A N/A Height Property line 5' 5 5' N/A N/A N/A N/A N/A N/A N/A N/A N/A City Council DRAFT City of Edmonds SMP Page 55 of 160 m 0 0. E M 0 L a M m c 0 t M Ln CO T 0 N 0 0 0. Q. a a N c 0 0 V s K w c d E z c� a Packet Pg. 267 8.1.b Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Urban Mixed Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural railroad Mixed Use Mixed Use Mixed Use Use IV Residential I Residential II Residential III I II III All Other Develo ment Shore Setback N/A 15' 15' 50' 17 100150 N/A N/A 35' N/A N/A 50' N/A 14 Maximum 16 25' 30' 30' 25' 35' 25' 25' 25' 25' 35'/15' 10 25' 25' Height Minimum Lot N/A None None None None Varies" 6,000 sq. ft. 12,000 sq. ft. N/A N/A N/A N/A Area (Sq. Ft.) Maximum N/A N/A N/A N/A N/A Varies"7.3 3.7 N/A N/A N/A N/A Density Maximum None None None None Varies19 35% 35% 35% N/A N/A 10% 10% Coverage 1 ' Aquaculture pens shall be no closer to the shoreline than the identified distance. Z ' See ECDC 24.40.040.13.11 for view corridor requirements. 3 : No side setback is required from adjacent commercial property. A minimum 15-foot setback is required from lot line adjacent to shoreline residential environments. The area must be fully landscaped and include a minimum six-foot high fence or hedge. 4 ' Above ordinary high water mark. 5 ' Thirty-five feet total of both sides, 10 feet minimum on either side. 6 ' Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 7 ' In the Urban Mixed Use I and II environment, the 60-foot setback for parking may be reduced by a maximum of 20 feet. See ECDC 24.60.080.D.2.c. and 24.60.080.D.3.c 8 ' Subject to exceptions, see ECDC 24.60.070.C.10. 9 ' Subject to exceptions, see ECDC 24.60.080.D. l.b.xiii. I through ECDC 24.60.080.D.l.b.xiii.4. 10 . Accessory structures for the sale of gas, oil and live bait, shall not exceed 15 feet above the height of the dock or pier. 11 . Varies between 12,000 and 20,000 square feet per site depending on the underlying zoning. 12 : Varies between 3.7 and 2.2 dwellingunits per acre depending on the underlying zoning. Density means "dwelling units per acre" determined b dividing the total lot area b the density allowed b the underlying zoning; the P P g Yi g g Y g P Y g Y tY Y Y� g g number of lots or units permitted shall be rounded down to the nearest whole number. 13 . May be reduced through the shoreline variance process pursuant to ECDC 24.40.020.C.3. 14 : Three areas within the City of Edmonds have the natural environment designation: Edmonds Marsh, Shell Creek Wetland, and Perrinville Creek Wetland. All three areas are separated from the Puget Sound by the railroad right-of-way. 15 ' Side setback determined by the underlying zoning. No required side setback in the BD2, CG, or MP2 zones. Five foot side setback in the OR zone, 16 : The maximum height limit shall be determined b the underlying comprehensive planning document and zoning designation. Height limits eater than 35 feet shall be su orted b view analysis and structures designed to Sh Y Y� g P P g g g g greater pP Y Y Sn minimize impacts on public views. 17 ' Fences within the shore setback of the Urban Mixed Use 11-1-IV zone that create separate areas for public and private uses should not be allowed. 18 : Setback for new development within the Urban Mixed -Use IV environment is 100 feet. New development activities within the Urban Mixed -Use IV environment require the establishment of a 50-foot vegetation buffer adjacent to the Edmonds Marsh where the vegetative buffer is absent. 19 : Varies between 75% and no maximum coverage requirement per site depending on the underlying zoning. City Council DRAFT City of Edmonds SMP Page 56 of 160 Packet Pg. 268 8.1.b Part V Specific Modification Policies & Regulations. 24.50.000 Applicability. Shoreline modification activities are structures or actions that permanently change the physical configuration or quality of the shoreline, particularly at the point where land and water meet. Shoreline modifications include but are not limited to structures such as bulkheads and piers and actions such as clearing, grading and removing vegetation. Generally, shoreline modifications are undertaken to prepare for a shoreline use, to support and upland use, or to provide shoreline stabilization or defense from erosion. 24.50.010 General Modification Policies and Regulations A. General Modification Policies. Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. 2. Ensure that shoreline modification, where permitted, are as compatible as possible with natural shoreline processes and character. 3. Regulate shoreline modifications to assure that modifications individually and cumulatively do not result in a net loss of ecological functions. Mitigation may be required to meet the no net loss standard. 4. Give preference to those types of shoreline modifications that have a less impact on ecological functions and require mitigation of identified impacts resulting from shoreline modifications. 5. Incorporate all feasible measures to protect ecological shoreline functions and ecosystem - wide processes in the placement and design of shoreline modifications. To avoid and reduce ecological impacts, the mitigation sequence in ECDC 24.40.020.E.3 shall be utilized. B. General Shoreline Modification Regulations 1. Shoreline modification activities that do not support a permitted shoreline use are considered "speculative" and are prohibited by this Master Program, unless it can be demonstrated to the satisfaction of the Shoreline Administrator that such activities are in the public interest and necessary and for the maintenance of shoreline environmental resource values. City Council DRAFT City of Edmonds SMP Page 57 of 160 Packet Pg. 269 8.1.b 2. Structural shoreline modification measures shall be permitted only if nonstructural measures are unable to achieve the same purpose. Nonstructural measures considered shall include alternative site designs, increased setbacks, relocation, and bioengineering. 3. Shoreline modification activities, with the exception of restoration or enhancement efforts, are prohibited in wetlands, and undeveloped spits, hooks, bars, barrier beaches, or similar accretion terminals or accretion shore forms. 4. Proponents of shoreline modification projects shall obtain all applicable federal and state permits and shall meet all permit requirements. 5. Best Available Science. All reports prepared in support of a shoreline modification shall use scientifically valid methods and studies in the analysis of shoreline environment and field reconnaissance and reference the source of science used. 24.50.020 Shoreline stabilization A. Applicability. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures cause by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods. Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, planning and regulatory measures to avoid the need for structural stabilization. Structural methods can be "hard" or "soft". "Hard" structural stabilization measures structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. "Soft" structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach. The following methods of shoreline stabilization are organized from "soft" to "hard": "Soft" • Vegetation enhancement; • Upland drainage control; • Biotechnical measures; • Beach enhancement; • Anchor tree; and • Gravel placement; "Hard" • Rock revetments; • Gabions; City Council DRAFT City of Edmonds SNIP Page 58 of 160 Packet Pg. 270 8.1.b • Groins; • Retaining walls and bluff walls; • Bulkheads; and • Seawalls. The following policies and regulations apply to all actions and developments that modify the shoreline for the purposes of preventing shore erosion. B. Shoreline Stabilization Policies 1. Discourage new development requiring structural shoreline defense works. 2. Relocating existing structures out of harm's way is preferable to construction of structural defense works. 3. Allow structural stabilization methods only: a. After it is demonstrated that nonstructural solutions would not be able to reduce the potential damage sufficiently, and b. Where it has been demonstrated to be necessary to support or protect a new use consistent with this Master program, a legally established, inhabited structure or ongoing shoreline use that is in danger of loss or substantial damage or when necessary for reconfiguration of the shoreline for hazardous substance remediation or restoration of ecological functions. Structural stabilization will not be permitted for the indirect purpose of creating land by filling. 4. Encourage "soft" stabilization and protection works over "hard" structural means. Furthermore, designs that do not interrupt net drift or migration of anadromous fish are preferred (for example, open poling construction is preferable to sold walls, and floating breakwaters are preferable to solid landfills.) 5. Consider the effect that proposed shore defense works have on ecosystem -wide processes (e.g. sand movement) and functions (e.g. habitat). Make provisions to avoid and minimize impacts where feasible. Mitigation must be provided to achieve no net loss. 6. Give special attention to the effect these structures will have on aesthetic qualities of the shoreline, public access, and use of the water. C. Shoreline Stabilization Regulations 1. For the purposes of this section, standards on shoreline stabilization, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately service its purpose. Addition to or City Council DRAFT City of Edmonds SMP Page 59 of 160 Packet Pg. 271 8.1.b increases in size of existing shoreline stabilization measures shall be considered new structures. 2. Structural stabilization methods shall be permitted when necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. 3. New development that would require shoreline stabilization which causes significant negative impacts to adjacent or down -current properties and shoreline areas should not be allowed. 4. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the normal, useful life of the structure, as demonstrated by a geotechnical analysis. 5. New structural stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: a. To protect existing primary structures: i. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by tidal action, currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on -site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. b. In support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply: i. The erosion is not being cause by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents, and waves. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. City Council DRAFT City of Edmonds SMP Page 60 of 160 Packet Pg. 272 8.1.b c. In support of water -dependent development when all of the conditions below apply: i. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. d. To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW when all of the conditions below apply: i. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. 6. Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. As a general matter, hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. D. Shoreline Stabilization Siting and Design Regulations. 1. When any structural shoreline stabilization measures are demonstrated to be necessary, pursuant to above provisions. a. Limit the size of stabilization measures to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall City Council DRAFT City of Edmonds SMP Page 61 of 160 Packet Pg. 273 8.1.b be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. b. Ensure that publicly financed or subsidized shoreline erosion control measures do not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, incorporate ecological restoration and public access improvements into the project. c. Mitigate new erosion control measures, including replacement structures, on feeder bluffs or other actions that affect beach sediment -producing areas to avoid and, if that is not possible, to minimize adverse impacts to sediment conveyance systems. 2. Bulkheads and other shoreline protective structures may not be constructed within a marsh, bog, or swamp or between a marsh, bog or swamp and the primary body of water (Puget Sound or Lake Ballinger). 3. Bulkheads and other shoreline protective structures may not be placed waterward of the ordinary height water mark, unless: a. It is to stabilize a fill approved under ECDC 24.50.040; or b. There has been severe and unusual erosion within one year immediately preceding the application for the bulkhead or other similar protective structure. In this event, the city may allow the placement of the bulkhead or other similar protective structure to recover the dry land area lost by this erosion. 4. Bulkheads and other shoreline protect structures shall be located landward of the ordinary high water mark and generally parallel to the natural shoreline unless geotechnical evaluation demonstrates the necessity for alternative design. In addition: a. Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than six (6) feet from the toe of the bank. b. A bulkhead for a permitted landfill shall be located at the toe of the fill. c. Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties, except where the adjoining bulkheads extend waterward of the ordinary high water mark. 5. An existing bulkhead or other shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion caused by currents, tidal action, or waves. City Council DRAFT City of Edmonds SMP Page 62 of 160 Packet Pg. 274 8.1.b a. The replacement structure should be designed, located, sized, and constructed to assure no net loss of ecological functions. b. Replacement walls or bulkheads shall not encroach waterward of the ordinary high- water mark or existing structure unless the residential structure to which it is appurtenant was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure may abut the existing shoreline stabilization structure. c. Where a net loss of ecological functions associated with critical saltwater habitats would occur by leaving the existing structure, remove it as part of the replacement measure. d. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. e. For purposes of this section standards on shoreline stabilization measures, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. 6. Materials used in bulkhead construction shall meet the following standards: a. Bulkheads shall utilize stable, non-erodable materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat b. Shore materials shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off -site dredge and fill operation. c. The extent and nature of any backfill proposed landward of a bulkhead or other shoreline protective structure shall comply with adopted City standards. 7. If hard stabilization methods are employed the following design criteria shall be meet: a. The size and quantity of the material shall be limited to that the minimum necessary to withstand the estimated energy intensity of the hydraulic system; b. Filter cloth must be used to aid drainage and help prevent settling; The toe reinforcement or protection must be adequate to prevent a collapse of the system wave action; and d. Fish habitat components shall be considered in the design subject to Hydraulic Project Approval by the Washington Department of Fish and Wildlife. City Council DRAFT City of Edmonds SMP Page 63 of 160 Packet Pg. 275 8.1.b 8. When hard stabilization measures are required at a public access site, provision for safe pedestrian access to the water shall be incorporated into bulkhead design. 9. Stairs or other permitted structures may be built into a hard stabilization structure but shall not extend waterward of it. E. Geotechnical Reports. Geotechnical reports required pursuant to this section shall address the need for shoreline stabilization and shall include the following. 1. A scaled site plan showing: a. The location of existing and proposed shore stabilization, structures, fill, and vegetation, with dimensions indicated distances to the ordinary high water mark. b. Existing site topography with two foot contours. 2. A description of the processes affecting the site, and surrounding areas that influence or could be influenced by the site, including areas in which lake or marine geomorphic processes affect the site, including, but not limited to: a. Soil erosion, deposition, or accretion; b. Evidence of past or potential erosion due to tidal action and/or waves; c. Littoral drift; and d. An estimate of shoreline erosion rates. 3. A description and analysis of the urgency and risk associated with the specific site characteristics. F. Shoreline Stabilization — Shoreline Area Regulations 1. Urban Railroad a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 2. Urban Mixed Use I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. City Council DRAFT City of Edmonds SMP Page 64 of 160 Packet Pg. 276 8.1.b b. Gabions are prohibited. 3. Urban Mixed Use 11 a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 4. Urban Mixed Use III a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 5. Urban Mixed Use IV a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 6. Shoreline Residential I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 7. Shoreline Residential II a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 8. Shoreline Residential III a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 9. Aquatic I City Council DRAFT City of Edmonds SMP Page 65 of 160 Packet Pg. 277 8.1.b a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. 10. Aquatic II a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. 11. Conservancy a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program b. Gabions are prohibited. 12. Natural: Shoreline stabilization is prohibited; except that, bioengineering approaches may be permitted as a conditional use when necessary to restore and eroding accretion shoreform or to retard erosion elsewhere. 24.50.030 Moorage: Piers, Docks, and Floats A. Applicability Docks are fixed structures floating upon water bodies. Piers are fixed, pile -supported structures. Floats are floating structures that are moored, anchored, or otherwise secured in the water that are not connected to the shoreline. Docks, piers, and floats that serve four or fewer boats regularly moored are reviewed a recreational facilities. Proposals for five or more boats are considered marinas and are regulated under ECDC 24.60.020, Boating Facilities. City Council DRAFT City of Edmonds SMP Page 66 of 160 Packet Pg. 278 8.1.b B. Moorage: Piers, Docks, and Floats Policies 1. A dock associated with a single family residence is considered a water -dependent use provided that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section. 2. New pier or dock construction, excluding docks accessory to single-family residences, should be permitted only when the applicant has demonstrated that a specific need exists to support the intended water -dependent use. 3. Shared pier and dock facilities are preferred over single -user moorage where feasible. New subdivisions of more than two (2) lots should provide joint shared moorage. 4. Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid or to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. C. Moorage: Piers, Docks, and Floats Regulations 1. The following piers, docks, and floating developments are prohibited in the shoreline jurisdiction: a. Aircraft moorage is prohibited, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Size of Piers and Docks. Piers and docks may not be larger than is necessary to provide safe and reasonable moorage for the boats which can reasonably be expected to be moored. The city will specifically review the size and configuration or each proposed pier or dock to ensure that: a. The pier or dock does not extend waterward beyond the point necessary to provide reasonable draft for the boats to be moored and shall not extend beyond the outer harbor line; and b. The pier or dock is not larger than is necessary to moor the specified number of boats; and c. The pier or dock will not interfere with the public use and enjoyment of the water or create a hazard to navigation; and d. The pier or dock will not adversely affect nearby uses; and City Council DRAFT City of Edmonds SMP Page 67 of 160 Packet Pg. 279 8.1.b e. The pier or dock will not have a significant long-term adverse effect on aquatic habitats. 3. In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: a. The width of piers, docks and floats shall be the minimum necessary and shall not exceed 4 feet in width, except where specific information on use patterns justifies a greater width. Marine floats shall not exceed 8 feet in width not more than 40 feet in length and freshwater floats shall not exceed 6 feet in width and 20 feet in length unless authorized by a variance. Exceptionally large vessels or vessels that require a relatively deep draft may be required to use a buoy, other alternative mooring scheme, or to moor in a marina. Materials that will allow light to pass through the deck may be required where width exceeds 4 feet. b. Dock surfaces designed to allow maximum light penetration shall be used on walkways or gangplanks in nearshore areas. c. Piers, docks and floats shall be located along a north/south orientation to the maximum extent feasible. d. The surface of new piers, docks and floats shall provide at least 50% functional grating. 4. Waterward of the ordinary high water mark, pier and dock height may not exceed a height of five feet above water level, except that pilings may extend a reasonable amount above dock height to provide for tidal conditions. 5. Prohibited substances. No part of a pier, dock or other components that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 6. If the pier, dock or float will extend waterward of the inner harbor line, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 7. No structure regulated under this section, other than moorage structures and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Moorage: Piers, Docks, and Floats - Shoreline Area Regulations 1. Urban Railroad: Moorage structures are prohibited. 2. Urban Mixed Use I: City Council DRAFT City of Edmonds SMP Page 68 of 160 Packet Pg. 280 8.1.b a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage is prohibited, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. c. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. d. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank City Council DRAFT City of Edmonds SMP Page 69 of 160 Packet Pg. 281 8.1.b of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 3. Urban Mixed Use II a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. d. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine City Council DRAFT City of Edmonds SNIP Page 70 of 160 Packet Pg. 282 8.1.b 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank of any kind intended for permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Moorage structures are prohibited. 5. Urban Mixed Use IV: Moorage structures are prohibited. 6. Shoreline Residential I: Moorage structures are prohibited. 7. Shoreline Residential II: Moorage structures are prohibited. 8. Shoreline Residential III a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Accessory uses are not permitted in conjunction with moorage structure. c. Residential Moorage Structure Development Standards: i. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks as determined in accord with generally accepted engineering practices. ii. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. iii. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. A joint use dock located at the property line with another lot which shares the joint use dock may not exceed 25% the total of both lots. iv. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. Joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the City Council DRAFT City of Edmonds SMP Page 71 of 160 Packet Pg. 283 8.1.b Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. Joint use docks or piers shall observe all other regulations of this subsection. If such joint maintenance agreement is terminated, the dock or pier shall be brought into compliance with the bulk and set back provisions of this Master Program. v. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. vi. Size. No residential dock or pier shall exceed 400 square feet. vii. Floats. Offshore recreational floats are prohibited. viii. Covered Buildings. No covered building shall be allowed on any residential dock or pier. 9. Aquatic I a. Private, shared, and public moorage structures are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property maybe within 100 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. 10. Aquatic II City Council DRAFT City of Edmonds SMP Page 72 of 160 Packet Pg. 284 8.1.b a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property maybe within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet. 11. Conservancy a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Moorage structures and facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. c. Accessory uses are not permitted in conjunction with moorage structure. d. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. e. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. City Council DRAFT City of Edmonds SMP Page 73 of 160 Packet Pg. 285 8.1.b iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. 12. Natural. Moorage structures are prohibited. 24.50.040 Landfill A. Applicability. Landfill is the creation of or addition to the surface of the land by the filling, placement or depositing of sand, soil, or gravel, or other material on land covered by water, or in a wetland, march, bog, swamp, or similar water detention area. Landfill is normally done for and, in this Master Program, must be associated with a specific purpose or use such as the development of a commercial site, construction of roadways or a jetty. 2. When backfill of bulkhead involves over one cubic yard per lineal foot, such bulkheads shall be evaluated under both this section and ECDC 24.50.020, Shoreline stabilization. B. Fill Policies Landfill should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged. 2. Allow landfills waterward of the ordinary high water mark, in those limited circumstances where permitted, only when necessary to facilitate water -dependent uses or ecological restoration projects that are consistent with this program and the City of Edmonds Comprehensive Plans. Where feasible, public access to the shoreline and the water should be incorporated into the design. C. Landfill Regulations 1. Landfill water ward of the ordinary high water mark may be permitted as a conditional use in limited instances for the following purposes only, with due consideration given to specific site conditions, and only in conjunction with approved shoreline use and development activities that are consistent with this program: a. Water -dependent use permitted under this Master Program. b. To create public use or public recreation areas. c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan. City Council DRAFT City of Edmonds SMP Page 74 of 160 Packet Pg. 286 8.1.b d. Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Department of Natural Resources. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible. f. Mitigation action, environmental restoration, beach nourishment or enhancement projects. 2. Landfills shall be permitted only where it is demonstrated that: a. The project has been located, designed, and constructed in a manner that minimizes impacts to ecological processes and functions and where impacts cannot be avoided, mitigation is provided to achieve no net loss. b. The fill will not result in erosion of the shoreline or undermine stability of neighboring properties. c. The fill is the minimum necessary to reasonably accomplish the purpose for the fill under subsection C.1 of this section. d. Where existing public access will be reduced, equivalent public access has been provided on or off site as part of the project. e. Fill material consists only of soil, sand, rock, or gravel. The fill material must not contain organic or inorganic materials that would be detrimental to water quality or existing habitats. f. Placement of landfill will be timed so as to minimize damage to water quality and aquatic life. 3. The applicant must stabilize exposed fill areas with vegetation. 4. Landfills, beach nourishment and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long term appropriate use including lawful access and enjoyment of scenery. 5. A temporary erosion and sediment control (TESC) plan shall be provided for all proposed landfill and excavation activities. 6. The fill shall be designed and supervised by a civil engineer or similarly qualified professional. The professional shall certify that the fill meets the following requirements: City Council DRAFT City of Edmonds SMP Page 75 of 160 Packet Pg. 287 8.1.b a. The fill is designed and executed to minimize adverse impacts on neighboring properties and the environment, and is fully integrated into an otherwise approved facility. b. The fill is designed and executed to provide permanent structural integrity for the fill and surrounding areas. D. Applications for landfill projects shall include the following information: 1. Proposed use of the landfill area. 2. Analysis of the physical, chemical, and biological characteristics of the fill material demonstrating that the fill is of such quality that significant water quality, ecological impacts, and public health problems would not occur from its placement. 3. Fill must meet all state standards. Assessment of water quality impacts shall be included as an attachment. 4. Source of the landfill material. 5. Location of the landfill relating to natural or existing drainage patterns. 6. Location of the perimeter of the landfill relating to the ordinary high water mark and critical areas. The applicant should consult with the Department of Ecology in determining the location of the ordinary high water mark. For development proposals at or water ward of the ordinary high water mark, an OHWM field determination by a qualified professional shall be provided with the application. The field determination shall be consistent with guidance development by the Department of Ecology and is subject to verification by the city of Edmonds and the Department of Ecology. 7. Perimeter erosion control or stabilization means, and schedule for implementation. 8. Type of surfacing and run-off control and treatment devices. E. Shoreline Area Regulations 1. Urban Railroad: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 2. Urban Mixed Use L• Landfill is permitted subject to the policies and regulations of this program. 3. Urban Mixed Use I1: Landfill is permitted subject to the policies and regulations of this program. City Council DRAFT City of Edmonds SNIP Page 76 of 160 Packet Pg. 288 8.1.b 4. Urban Mixed Use III: Landfill is permitted subject to the policies and regulations of this program. 5. Urban Mixed Use IV: Landfill is permitted subject to the policies and regulations of this program. 6. Shoreline Residential I: Landfill is permitted subject to the policies and regulations of this program. 7. Shoreline Residential II: Landfill is permitted subject to the policies and regulations of this program. 8. Shoreline Residential III: Landfill is permitted subject to the policies and regulations of this program. 9. Aquatic I: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 10. Aquatic II: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 11. Conservancy: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 12. Natural: Landfill may be allowed as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 24.50.050 Breakwaters, jetties, groins, and weirs A. Applicability: A breakwater is a protective structure usually built offshore to protect harbor areas, moorage, navigation or beaches from wave action. A jetty, groin or weir is a structure usually built singly or in pairs perpendicular to the shore to prevent shoaling or accretion of sediment drift. Projects the requiring fill must also meet the requirements of ECDC 24.50.040, Landfill. B. Breakwaters, Jetties, Groins, and Weirs Policies 1. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high watermark shall be allowed only where necessary to support water -dependent uses, public access, shoreline stabilization, or other specific public purpose. 2. Open pile or floating breakwater designs are preferred. City Council DRAFT City of Edmonds SMP Page 77 of 160 Packet Pg. 289 8.1.b 3. Solid rock or fill -based weirs, groins and jetties should not be constructed unless it can be demonstrated that they are part of a larger system that will reduce the need for overall shoreline modification and that they are intended to prevent damage to existing structures. They should not be proposed to protect new structures. C. Breakwaters, Jetties, Groins, and Weirs Regulations 1. Breakwaters, Jetties, Groins and Weirs may be allowed provided that: a. Jetties and breakwaters are permitted where they are an integral component of a professionally designed harbor, marina, or port. Where permitted, floating portable or submerged breakwater structures, or small discontinuous structures are preferred where physical conditions make such alternatives with less impact feasible. b. Groins are permitted as a component of a professionally designed community or public beach management program that encompasses an entire drift sector or reach for which alternatives are infeasible. Or where installed to protect or restore shoreline ecological functions. c. The breakwater is essential to the safe operation of a moorage facility. d. The city determines that the location, size, design and accessory components of the moorage facility to be protected by the breakwater provide a public benefit and are within the public interest. e. The breakwater, jetty, groin, or weir is designed to protect critical areas and where impacts are unavoidable, mitigation will be provided to ensure no net loss of ecological functions and processes. 2. Public Access: a. Where appropriate projects shall be required to maintain, replace or enhance existing public access opportunities by incorporating physical or visual access areas and/or facilities into the design of the project. b. Publicly financed or subsidized projects shall not restrict appropriate public access to the shoreline and shall provide new public access except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to shoreline ecological functions. 3. All breakwaters, jetties, groins, or weirs must be designed and constructed under the supervision of a civil engineer or similarly qualified professional. As part of the application, the engineer or other professional designing the project must certify that: a. The project is designed to meet the requirements of this Program and accomplish the purpose of the project using the best available science. City Council DRAFT City of Edmonds SNIP Page 78 of 160 Packet Pg. 290 8.1.b b. The project is designed to be the minimum necessary to accommodate the proposed purpose. c. The project is designed to have the minimum feasible adverse impacts upon the environment, nearby waterfront properties, and navigation. d. Any unavoidable impacts have been mitigated to ensure no net loss of ecological functions and processes. D. Breakwaters, Jetties, Groins, and Weirs — Shoreline Area Regulations. 1. Urban Railroad: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 2. Urban Mixed Use I: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 3. Urban Mixed Use II: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 4. Urban Mixed Use III: Breakwaters, jetties, groins, and weirs are prohibited. 5. Urban Mixed Use IV: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 6. Shoreline Residential I: Breakwaters, jetties, groins, and weirs are prohibited. 7. Shoreline Residential II: Breakwaters, jetties, groins, and weirs are prohibited. 8. Shoreline Residential III: a. Bulkheads are permitted subject to the policies and regulations of this Program. b. Jetties, groins, and weirs are prohibited. 9. Aquatic I: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 10. Aquatic II: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 11. Conservancy: a. Breakwaters and jetties maybe permitted as a conditional use if accessory to a water - dependent use and littoral sediment transport is not significantly disrupted. City Council DRAFT City of Edmonds SMP Page 79 of 160 Packet Pg. 291 8.1.b b. Groins may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 12. Natural: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 24.50.060 Dredging and dredge material disposal A. Applicability. Dredging is the removal or displacement of earth such as gravel, sand, mud, or silt from lands covered by water. Lands covered by water include tidelands, marinas, and wetlands. Dredging is normally done for, and in this Master Program must be associated with, a specific purpose or use such as maintaining navigation channels, developing/expanding marinas, constructing bridge footings, laying submarine cable and in some cases aquaculture (See Aquaculture Section ECDC 24.60.010). Dredging to restore preexisting contours within a designated and authorized navigation channel, marina or basin is considered normal maintenance and is exempt from the requirement for a substantial development permit. Dredging is only maintenance where there is a designated and authorized facility such as a marina, federal navigation channel or berth authorized by permit. If an operation expands an existing the channel or basin, a permit is required even if the marina or similar project has been operation for years. Dredge spoil is the material removed by dredging. Dredge spoil disposal is the depositing of dredge materials on land or into water bodies for the purpose of either creating new or additional lands or for disposing of the dredge material (See also, Landfill Section, ECDC 24.50.040). B. Dredging and dredge material policies 1. Site and design new development to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. 2. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. 3. Dredging should be permitted for water -dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this Program. City Council DRAFT City of Edmonds SMP Page 80 of 160 Packet Pg. 292 8.1.b 4. Plan and conduct dredge and dredge disposal operations in a manner that avoids or minimizes interference with navigation and significant ecological impacts. Impacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. S. Minor dredging for fill materials as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this Program. C. Dredging and dredge material regulations 1. Dredging shall only be permitted for the following activities: a. Development of approved wet moorages, harbors, ports and water -dependent industries of economic importance to the region only when there are no feasible alternatives. b. Maintenance dredging for the purpose of restoring a lawfully established development. c. Establishing, expanding, relocating or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredge and/or existing authorized location, depth, and width. d. To remove silt or sediment deposited because of severe and unusual erosion or resulting from the existence of a bulkhead on nearby property. e. To provide sufficient draft for boat moorage. f. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. g. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high water mark. The project must be either associated with a MRCA or CERCLA habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. 2. The existing physical alignment and ecological function and processes shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage. City Council DRAFT City of Edmonds SMP Page 81 of 160 Packet Pg. 293 8.1.b 3. New development shall be sited and designed avoid or, if that is not possible, to minimize the need for new and/or maintenance dredging. 4. Dredge Spoils. a. Dredge spoil disposal in open waters may be approved only in accordance with the Puget Sound Dredged Disposal Analysis (PSDDA) evaluation procedures for managing in -water disposal of dredge material; when approved by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to section 109Rivers and harbors ActO and Section 404 (Clean Water Act) permits, and Washington State Department of fish and Wildlife hydraulic Project approval (HPA); and when found to meet the following conditions. i. Land disposal is infeasible, less consistent with this Program, or prohibited by law. ii. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. iii. Offshore habitat will be protected, restored, or enhanced. iv. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated. v. Shifting and dispersal of spoil will be minimal. vi. Water quality will not be adversely affected. b. Dredging spoils may be used as fill or landscape material for a development in the shoreline areas that is otherwise approved by the city under this Program (ECDC 24.50.040). The city may permit dredging spoils to be temporarily deposited in the shoreline area for transfer and removal to an approved disposal site. The dredging spoils may not be stored in the shoreline area longer than is reasonably necessary and must be stored in a manner that will protect the environment and neighboring properties from undesirable effect and adverse impacts. d. Dredge spoil disposal is prohibited on marine shorelines between the line of extreme low tide and the ordinary high water mark, and on Lake Ballinger shorelines or beds; except that, dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment. e. The City may impose reasonable limitation on dredge disposal operating periods and hours and may require provision for buffer strips at land disposal sites. City Council DRAFT City of Edmonds SMP Page 82 of 160 Packet Pg. 294 8.1.b 5. Proposals for dredging and dredge spoil disposal, when permitted, shall: a. Be kept to the minimum necessary to accommodate the proposed use. b. Include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities. Be scheduled so as to not materially interfere with the migratory movements of anadromous fish. d. Utilize techniques that cause minimum dispersal and broadcast of bottom material e. Not interfere with geohydraulic processes. f. Be found, through analysis by qualified professional, to be nonpolluting or shall have no significant negative pollution impact. g. Meet all requirements of applicable regulatory agencies. h. Not result in erosion of the shoreline or undermine the stability of neighboring properties. D. Dredging and Dredge Material Application. Applications for shoreline dredging and dredge spoil disposal shall provide, at a minimum, the following information: 1. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this Program. 2. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including: a. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on Mean Lower Low Water (MLLW) and have data points at a minimum of 2-foot depth increments. b. A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines. Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas. City Council DRAFT City of Edmonds SMP Page 83 of 160 Packet Pg. 295 8.1.b 3. A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed, including: a. Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc. b. Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc. c. Biological analysis of material to be dredged. 4. A description of the method of materials removal, including facilities for settlement and movement. a. Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed. b. Frequency and quantity of project maintenance dredging. 5. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: a. Spoils disposal area: i. Physical characteristics including location, topography, existing drainage patterns, surface and ground water; ii. Size and capacity of disposal site; iii. Means of transportation to the disposal site; iv. Proposed dewatering and stabilization of spoils; v. Methods of controlling erosion and sedimentation; and vi. Future use of the site and conformance with land use policies and regulations. b. Total initial spoils volume. c. Plan for disposal of maintenance spoils. 6. Hydraulic modeling studies sufficient to identify existing geo-hydraulic patterns and probable effects of dredging. E. Dredging and dredge material disposal — Shoreline Area Regulations City Council DRAFT City of Edmonds SMP Page 84 of 160 Packet Pg. 296 8.1.b 1. Urban Railroad: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 2. Urban Mixed Use L• Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 5. Urban Mixed Use IV: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 6. Shoreline Residential I: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 7. Shoreline Residential II: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 8. Shoreline Residential III: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 9. Aquatic I: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 10. Aquatic II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 11. Conservancy: Dredging may be permitted as a conditional use subject to the policies and regulations of this Program. 12. Natural: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. City Council DRAFT City of Edmonds SMP Page 85 of 160 Packet Pg. 297 8.1.b 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. B. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Policies 1. This program recognizes the importance of the restoration of shoreline ecological functions and processes and encourages cooperative restoration efforts and programs between local, state and federal agencies, tribes, non-profit organizations, and landowners to address shorelines with impaired ecological functions and/or processes. 2. Restoration and enhancement actions should restore shoreline ecological functions and processes as well as shoreline features and should be targeted towards meeting the needs of sensitive and/or locally important plant, fish and wildlife species. 3. Priority should be given to restoration and enhancement actions that: a. Create dynamic and sustainable ecosystems. b. Improve water quality. Restore native vegetation and natural hydrologic functions of degraded and former wetlands. d. Restore nearshore ecosystems processes, such as sediment transport and delivery and tidal currents that create and sustain habitat. e. Restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. f. Mitigate erosive and associated impacts caused by stormwater runoff. g. Protect and restore wildlife corridors. h. Protect and restore native species of vegetation, fish, and wildlife. C. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Regulations. Restoration shall be carried out in accordance with the approved shoreline restoration plan and in accordance with the policies and regulation of this Program. D. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects — Shoreline Area Regulations City Council DRAFT City of Edmonds SMP Page 86 of 160 Packet Pg. 298 8.1.b 1. Urban Railroad: Restoration activities are permitted subject to policies and regulations of this Program. 2. Urban Mixed Use I: Restoration activities are permitted subject to policies and regulations of this Program. 3. Urban Mixed Use II: Restoration activities are permitted subject to policies and regulations of this Program. 4. Urban Mixed Use III: Restoration activities are permitted subject to policies and regulations of this Program. 5. Urban Mixed Use IV: Restoration activities are permitted subject to policies and regulations of this Program. 6. Shoreline Residential I: Restoration activities are permitted subject to policies and regulations of this Program. 7. Shoreline Residential II: Restoration activities are permitted subject to policies and regulations of this Program. 8. Shoreline Residential III: Restoration activities are permitted subject to policies and regulations of this Program. 9. Aquatic I: Restoration activities are permitted subject to policies and regulations of this Program. 10. Aquatic II: Restoration activities are permitted subject to policies and regulations of this Program. 11. Conservancy: Restoration activities are permitted subject to policies and regulations of this Program. 12. Natural: Restoration activities are permitted subject to policies and regulations of this Program. Part VI Specific Use Policies & Regulations 24.60.000 Applicability Shoreline use and development shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Chapter. Unless otherwise stated, all use and City Council DRAFT City of Edmonds SMP Page 87 of 160 Packet Pg. 299 8.1.b development shall also comply with all of the General Policy and Regulations in Part IV of this Program and all of the Specific Modification Policies and Regulations in Part V of this Program. 24.60.010 Aquaculture A. Applicability Aquaculture is the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. B. Aquaculture Policies 1. Aquaculture is a water -dependent use and, when consistent with control of pollution and avoidance of adverse impacts to the environment and preservation of habitat for resident native species, is a preferred use of the shoreline. 2. Potential locations for aquaculture activities are relatively restricted because of specific requirements related to water quality, temperature, oxygen content, currents, adjacent land use, wind protection, commercial navigation, and salinity. The technology associated with some forms of aquaculture is still experimental and in formative states. Therefore, some latitude should be given when implementing the regulations of this section, provided that potential impacts on existing uses and shoreline ecological functions and processes should be given due consideration. 3. Preference should be given to those forms of aquaculture that involve lesser environmental and visual impacts and lesser impacts to native plant and animal species. In general, projects that require no structures, submerged structures or intertidal structures are preferred over those that involve substantial floating structures. Projects the involve little or no substrate modification are preferred over those that involve substantial modification. Projects that involve little or no supplemental food sources, pesticides, herbicides or antibiotic application are preferred over those that involve such practices. 4. Aquaculture activities should be designed, located and operated in a manner that supports long term beneficial use of the shoreline and protects and maintains shoreline ecological functions and processes. 5. Aquaculture should not be permitted where it would resulting a net loss of shoreline ecological functions; adversely affect the quality or extent of habitat of native species including eelgrass, kelp, and other macroalgae; adversely impact other habitat conservation areas; or interfere with navigation or other water -dependent uses. City Council DRAFT City of Edmonds SNIP Page 88 of 160 Packet Pg. 300 8.1.b 6. Aquaculture facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline. 7. The City should actively seek substantive comment on any shoreline permit application for aquaculture form all appropriate Federal, State, and local agencies; affected tribes; and the general public regarding potential adverse impacts. Comments of nearby residents or property owners directly affected by a proposal should be considered and evaluated, especially in regard to use compatibility and aesthetics. C. Aquaculture Regulations Aquaculture that involves little or no substrate modification shall be given preference over those that involve substantial modification. The application/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site. 2. The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative method of operation is feasible. 3. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, eelgrass beds or habitat conservation areas. 4. Aquaculture activities, which would have a significant adverse impact on natural dynamic shoreline processes or which would result in a net loss of shoreline ecological functions, shall be prohibited. 5. Aquaculture practices shall be designed to minimize use of artificial substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. 6. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a City -approved consultant (unless otherwise provided for) may be required, at the applicant's/proponent's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated. 7. New aquatic species that have not previously been cultivated in Washington State shall not be introduced into City of Edmonds waters without prior written approval of the City Council DRAFT City of Edmonds SMP Page 89 of 160 Packet Pg. 301 8.1.b Director of the Washington State Department of Fish and Wildlife and the Director of the Washington Department of Health. 8. For aquaculture projects using over -water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than 3 feet in height, as measured from the surface of the raft or dock. 9. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be subject to the policies and regulations of this Master Program. 10. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.480. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. 11. Predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and 3-foot high fencing or netting for otters. The use of other non- lethal, non -abusive predator control measures shall be contingent upon receipt of written approval form the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required. 12. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements. D. Aquaculture Application Requirements 1. Applications for aquaculture use or development shall include in their applications all information necessary to conduct a thorough evaluation of the proposed aquaculture activity, including but not limited to the following: a. A site plan map including: i. The perimeter of the proposed aquaculture operations area. ii. Existing bathymetry depths based on Mean Lower Low Water (MLLW datum). iii. Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum). City Council DRAFT City of Edmonds SMP Page 90 of 160 Packet Pg. 302 8.1.b iv. Areas where specific substrate modification will take place or structures will be constructed or installed. v. Access provisions for barges or track equipment. vi. Location of storage or processing structures or facilities. b. A baseline description of existing conditions, including best available information on; a i. Water quality. E M L ii. Tidal variations. o a L iii. Prevailing storm wind conditions. M iv. Current flows. d c as L v. Flushing rates. 0 co vi. Littoral drift. Ln vii. Areas of differing substrate composition. 00 viii. Areas of aquatic, intertidal, and upland vegetation complexes. ix. Existing shoreline or water uses and structures. x. Aquatic and benthic organisms. xi. A vegetation habitat survey must be conducted. The WDFW must be contacted prior to the survey to ensure it is conducted according to the most current WDFW eelgrass/macroalgae survey guidelines. xii. Further baseline studies including surveys and sampling may be required depending upon the adequacy of available information, existing conditions, and the nature of the proposal. c. A detailed description of the project proposal including: i. Species to be reared. ii. Substrate modification or vegetation removal. iii. Planting, harvest and processing location, method and timing, including work proposal and construction techniques proposed, type of work, frequency, and duration. City Council DRAFT City of Edmonds SMP Page 91 of 160 Packet Pg. 303 8.1.b d. Anticipated use of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. No such materials shall be used until approval is obtained from all appropriate State and Federal agencies, including but not limited to the U.S. Food and Drug Administration, and the Washington State Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and proof thereof is submitted to the City. Compounds with the least persistence shall be used. Number of employees/workers necessary for the project, including average and peak employment. f. Methods of waste disposal and predator control. g. Methods to address pollutant loading, including biological oxygen demand (BOD). h. Assessment of potential impacts on shoreline ecological functions and processes addressing the baseline conditions identified, including but not limited to indirect cumulative effects. i. For floating culture facilities or other structures, the City may require a visual impact analysis. Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance, provided that it includes an adequate assessment of impacts. Information demonstrating that the site has natural potential for the type(s) of aquaculture proposed, due to necessary substrate or other conditions, as well as water quality suitable for the type(s) of aquaculture proposed. k. Information demonstrating that the proposed aquaculture activities will not result in a net loss of shoreline ecological functions or processes or adversely affect habitat conservation areas. Information demonstrating that the proposed aquaculture activities will not substantially and materially conflict with areas devoted to established uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, sport or commercial fishing, log rafting, underwater utilities, and scientific research. Existing public opportunities for gather wild stock aquatic resources on public lands shall be address in any application for aquaculture on public tidelands or bedlands. Compensation for loss of public access to public aquatic resources may be required. 2. Application for aquaculture activities must demonstrate that the proposed activity will be compatible with surrounding existing and planned uses. City Council DRAFT City of Edmonds SMP Page 92 of 160 Packet Pg. 304 8.1.b a. Aquaculture activates shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise. b. Aquaculture activities shall be restricted to reasonable hours and/or days of operation when necessary to minimize substantial, adverse impact from noise, light, and/or glare on nearby residents, other sensitive uses or critical habitat. c. Aquaculture facilities shall not introduce incompatible visual elements or substantially degrade the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings through the use of appropriate colors and materials. E. Aquaculture — Shoreline Area Regulations 1. Urban Railroad: Aquaculture is prohibited. 2. Urban Mixed Use 1• Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use II: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Aquaculture is prohibited. 5. Urban Mixed Use IV: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 6. Shoreline Residential I: Aquaculture is prohibited. 7. Shoreline Residential II: Aquaculture is prohibited. 8. Shoreline Residential III: Aquaculture is prohibited. 9. Aquatic I: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 10. Aquatic II• Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 11. Conservancy: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 12. Natural: Aquaculture activities that do not require structures, facilities, or mechanized harvest practices, and that will not result in the alteration of natural systems or features may be permitted as a conditional use subject to policies and regulations of this Program. City Council DRAFT City of Edmonds SMP Page 93 of 160 Packet Pg. 305 8.1.b 24.60.020 Boating Facilities A. Applicability The section applies to facilities that provide launching, storage, supplies, moorage, and other services for five or more pleasure and/or commercial watercraft. Commercial development, not accessory to the operation of a marina, shall comply with ECDC 24.60.030, Commercial Development. For the purposes of this section, boating facilities excludes docks serving four or fewer single family residences which are subject to the policies and regulations of ECDC 24.50.030, Piers, Docks and Floats. B. Boating Facilities Policies 1. Boating facilities, including marinas and launch ramps, are water -dependent uses and should be given priority for shoreline location. Boating facilities should contribute to public access and enjoyment of waters of the state. 2. Boating facilities should provide physical and visual public shoreline access and provide for multiple use, including water -related use, to the extent compatible with shoreline ecological functions and processes and adjacent shoreline use. 3. Accessory uses to boating facilities should be limited to water -oriented uses, or uses that provide physical or visual shoreline access for substantial number of the general public. 4. Boating facilities shall be located, designed, constructed and operated in a manner that will minimize damage to shoreline processes and functions. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 5. Boating facilities should be located, designed and operated so that other appropriate water -dependent uses are not adversely affected. 6. Location and design of boating facilities should not unduly obstruct navigable waters and should avoid adverse effects to recreation opportunities such as fishing, pleasure boating, commercial aquaculture, swimming, beach walking, picnicking and shoreline viewing. 7. Boating facilities should be located, designed, constructed and maintained to avoid adverse proximity impacts such as noise, light and glare; aesthetic impacts to adjacent land uses; impacts to public visual access to the shoreline. C. Boating Facilities Regulations 1. The following moorage structures are prohibited in the shoreline jurisdiction: City Council DRAFT City of Edmonds SMP Page 94 of 160 Packet Pg. 306 8.1.b a. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Marinas or launch ramps shall not be permitted within the following marine shoreline habitats because of their scarcity, biological productivity and sensitivity unless no alternative location is feasible, the project would not result in a net loss of shoreline ecological functions, and the proposal is otherwise consistent with this Program. a. Marshes, estuaries and other wetlands; b. Tidal pools and rock shores; c. Kelp beds, eelgrass beds, spawning and holding areas for forage fish(such as herring, surf smelt and sand lance); d. Subsistence, commercial and recreational shellfish beds; and e. Other critical saltwater habitats 3. Boating facilities and accessory uses shall be designed so that lawfully existing or planned public shoreline access and/or navigation rights are not unnecessarily blocked, obstructed or made dangerous. 4. The boating facility shall be designed to avoid the need for maintenance dredging. 5. Boat Storage: a. Marinas shall provide dry upland boat storage with a launch mechanism to protect shoreline ecological functions and processes, efficient use shoreline space and minimize consumption of public water surface area unless: i. No suitable upland locations exist for such facilities; or ii. It can be demonstrated that wet moorage would result in fewer impacts to ecological functions and processes; or iii. It can be demonstrated that wet moorage would enhance public use of the shoreline. b. Dry moorage and other storage areas should be located away from the shoreline and be landscaped with native vegetation to provide a visual and noise buffer for adjoining uses. 6. Waste Disposal. City Council DRAFT City of Edmonds SMP Page 95 of 160 Packet Pg. 307 8.1.b a. Marinas shall provide pump out, holding, and/or treatment facilities for sewage contained on boats or vessels. b. Discharge of solid waste of sewage into a water body is prohibited. Marinas and boat launch ramps shall provide adequate restroom and sewage disposal facilities in compliance with applicable health regulations. c. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. d. Marina operators shall post all BMP's pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them. 7. Oil Product Handling, Spills, and Wastes. Fail safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous projects, as well as a spill response plan for oil and other products, shall be required of new marinas and expansion or substantial alteration of existing marinas. Compliance with Federal or State law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable Federal and State water quality laws as well as health, safety and engineering requirements. Spill prevention and response, including report requirements, follow applicable Federal and State requirements. 8. Public Access. Marinas and boat launches shall provide public access for as many water - dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include but are not limited to docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. 9. Prohibited substances. No part of a boating facility that may come in contact with the water may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate State and Federal regulatory agencies. 10. If the boating facility will extend waterward of the inner harbor line or extended mooring on waters of the state is proposed, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 11. No structure regulated under this section, other than moorage structures, boat gear storage lockers, and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Boating Facilities — Shoreline Area Regulations 1. Urban Railroad: Boating facilities are prohibited. City Council DRAFT City of Edmonds SMP Page 96 of 160 Packet Pg. 308 8.1.b 2. Urban Mixed Use I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if; A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Boat launch ramps that meet the following requirements: A. The ramp is paved with concrete. B. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. C. Access to the ramp is not directly from the adjacent public right-of-way. D. The design of the site is specifically approved by the city. City Council DRAFT City of Edmonds SMP Page 97 of 160 Packet Pg. 309 8.1.b ix. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be place underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted 3. Urban Mixed Use II a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Moorage structures and boating facilities may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. c. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities ill. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Meeting and special event rooms. vi. Gas and oil sales for boats, if; 1. All storage tanks are underground and located upland of the ordinary high water mark; and 2. The use has facilities to contain and clean up gas and oil spills. 3. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. vii. Boat launch ramps that meet the following requirements: 1. The ramp is paved with concrete. City Council DRAFT City of Edmonds SMP Page 98 of 160 Packet Pg. 310 8.1.b 2. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. 3. Access to the ramp is not directly from the adjacent public right-of-way. 4. The design of the site is specifically approved by the city. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be placed underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Boating facilities are prohibited. 5. Urban Mixed Use IV: Boating facilities are prohibited. 6. Shoreline Residential I. Boating facilities are prohibited. 7. Shoreline Residential II. Boating facilities are prohibited. 8. Shoreline Residential III a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with moorage structure. c. Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. 9. Aquatic I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: City Council DRAFT City of Edmonds SMP Page 99 of 160 Packet Pg. 311 8.1.b i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. d. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. 10. Aquatic II a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property maybe within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. e. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. This provision does not apply to under covered moorage structures. 11. Conservancy a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with boating facilities. City Council DRAFT City of Edmonds SMP Page 100 of 160 Packet Pg. 312 8.1.b Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. d. Moorage structures and boating facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. e. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. f. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property maybe within 100 feet of a public park. ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. 12. Natural. Boating facilities are prohibited. 24.60.030 Commercial Development and Light Industrial A. Applicability Commercial development means those uses and facilities that are involved in wholesale or retail trade or business activities. Examples include but are not limited to restaurants, hotels, shops, offices, and recreation facilities. Industry applies to those businesses or uses involved in the production, processing, manufacturing, or fabrication of goods. Warehousing and City Council DRAFT City of Edmonds SMP Page 101 of 160 Packet Pg. 313 8.1.b storage of materials or products is considered part of the industrial process. This is a broad category that mostly applies to the downtown Commercial Waterfront (CW) where development must also comply with ECDC 16.55. Uses and activities associate with commercial development that are identified as separate use activities in this Master Program, such as Boating Facilities, Piers and Docks, Utilities, etc. are subject to the regulations established for those uses in addition to the standards for commercial development. The design, layout and operation of certain commercial uses directly affects their classification with regard to whether or not they qualify as water related or water enjoyment uses. B. Commercial Development and Light Industrial Policies In securing shoreline locations for commercial and light industrial use, preference should be given first to water -dependent commercial uses, then to water -related, water - enjoyment commercial uses. 2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial and light industrial development. 3. Commercial and light industrial development should ensure visual compatibility with adjacent noncommercial properties. 4. Commercial and light industrial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property 5. Commercial and light industrial development should be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated. C. Commercial Development and Light Industrial Regulations 1. Commercial and light industrial uses are allowed subject to the policies and regulations of ECDC 24.40.020 and the specific criteria below: a. Water -dependent commercial and light industrial uses shall be given preference over water -related and water -enjoyment commercial uses. Prior to approval of water dependent uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - dependent use. b. Water -related commercial and light industrial uses may not be approved if the use displaces existing water -dependent uses. Prior to approval of water -related commercial uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - related use. City Council DRAFT City of Edmonds SMP Page 102 of 160 Packet Pg. 314 8.1.b Water -enjoyment commercial uses may not be approved if they displace existing water -dependent or water -related uses. Prior to approval of water -enjoyment uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -enjoyment use. d. Nonwater-oriented commercial and light industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water -oriented use is precluded. All other nonwater-oriented uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objectives of this Master Program and the Shoreline Management Act and is: i. Part of a mixed use project that includes a water -oriented use; or ii. Proposed on a site where navigability is severely limited. 2. Over -water construction of commercial and light industrial uses is prohibited except as follows: a. Only those portions of water -dependent commercial and light industrial uses that require over -water facilities shall be permitted to locate waterward of the ordinary high-water mark. b. Nonwater-dependent commercial and light industrial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water -dependent uses. D. Commercial Development and Light Industrial— Shoreline Area Regulations 1. Urban Railroad: Commercial and light industrial use and development is prohibited. 2. Urban Mixed Use I: a. Water -oriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C.1.d. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 3. Urban Mixed Use II: City Council DRAFT City of Edmonds SMP Page 103 of 160 Packet Pg. 315 8.1.b a. Water -oriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C.1.d. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 4. Urban Mixed Use III: Commercial use is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development shall be permitted. 5. Urban Mixed Use IV: Commercial and light industrial use is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development shall be permitted. 6. Shoreline Residential I: Commercial and light industrial use and development is prohibited. 7. Shoreline Residential II: Commercial and light industrial use and development is prohibited. 8. Shoreline Residential III: Commercial and light industrial use and development is prohibited. 9. Aquatic I: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 10. Aquatic II: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 11. Conservancy: Commercial and light industrial use and development is prohibited. 12. Natural: Commercial and light industrial use and development is prohibited. 24.60.040 Forest Practices A. For the purposes of this Master Program, preparatory work associated with the conversion of land to non -forestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non -forestry use, the general provisions of this Master Program, including vegetation conservation, and shall be limited to the minimum necessary. City Council DRAFT City of Edmonds SMP Page 104 of 160 Packet Pg. 316 8.1.b B. All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC 222), as administered by the Department of Natural Resources and local provisions contained in Title 20 ECDC. 24.60.050 In -stream Structures A. Applicability. "In -Stream structure" means a structure place by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. B. In -stream Structure Policies In -stream structures should provide for the protection and preservation of ecosystem - wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. C. In -stream Structure Regulations. 1. The location and planning of in -stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns. 2. In -stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. 3. In -stream structures shall allow for normal ground water movement and surface runoff. 4. In -stream structures shall preserve valuable recreation resources and aesthetics values. 24.60.060 Recreational Development A. Applicability Recreational development provides opportunities for play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities, such as hiking, photography, viewing, and fishing. It also includes facilities for active or more intensive uses such as parks, campgrounds, and golf courses. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, association, or individual. Commercial recreational development must be consistent with he provisions of this section and the provisions of ECDC 24.60.030 for commercial uses. This Master Program gives priority to recreational development that is primarily related to access to, enjoyment and use of the water and shorelines of the state. City Council DRAFT City of Edmonds SMP Page 105 of 160 Packet Pg. 317 8.1.b B. Recreational Development Policies 1. Encourage the coordination of local, state, and federal recreation planning so as to mutually address recreational needs. Shoreline recreational development should be consistent with all adopted park, recreation, and open space plans. 2. Encourage the linkage of shoreline parks, recreation areas, and public access points in a linear system, such as hiking paths, bicycle paths, and scenic drives. 3. Locate and design recreational developments in a manner that preserves, enhances, or creates scenic views and vistas. 4. Locate and design recreational facilities to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance. 5. Encourage physical and visual access to shorelines and surface waters. 6. Locate golf courses outside of the shoreline area. 7. Prohibit use of recreational off -road vehicles within the shoreline area, except by public agencies for maintenance operations and emergency services. C. Recreational Development Regulations Where significant adverse impacts are adequately mitigated resulting in no net loss of ecological processes or functions, recreational development is a priority use for shoreline location, subject to the following: 1. The following recreational uses and developments are prohibited: a. Golf courses; b. Use of recreational off -road vehicles is prohibited within the shoreline, except by public agencies for maintenance operations and emergency services; c. Campgrounds; and d. Overnight recreational spaces or sites located within the shoreline. 2. Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access, both on -site and off -site; City Council DRAFT City of Edmonds SMP Page 106 of 160 Packet Pg. 318 8.1.b b. Vehicular traffic, both inside and outside the facility; c. Vehicular parking; d. Water supply, sewage disposal, and garbage collection; e. The prevention of overflows and trespasses onto adjacent properties; f. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties; g. Security; and h. Maintenance. 3. Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shore forms, shall be used only for non -intensive recreation activities. 4. Encourage recreational facilities to provide signage and enforce regulations that prohibit tree cutting and limit the taking of marine life, driftwood, and the like. 5. Signs associated with recreational facilities shall be kept to a minimum in number and size and shall be erected as informational or directional aids only. 6. Stairways and landings shall be located upland of existing bulkheads, banks, and the ordinary high water mark unless integral to a water -dependent use or Overwater structure permitted by this Master Program. D. Recreational Development — Shoreline Area Regulations 1. Urban Railroad: Recreational development prohibited. 2. Urban Mixed Use I: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. City Council DRAFT City of Edmonds SMP Page 107 of 160 Packet Pg. 319 8.1.b 7. Shoreline Residential IL• Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 10. Aquatic II: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 11. Conservancy: Low intensity water -oriented recreational use and development is permitted subject to the policies and regulations of the Master Program and the following criteria: a. Structures will not result in more than ten percent (10%) building coverage or 4,000 square feet, whichever is greater and total impervious surface will not exceed twenty percent (20%), or 10,000 square feet, whichever is greater. b. Alteration of topography shall be limited to the minimum necessary to accommodate allowed development. c. Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions and processes. 12. Natural: Low intensity water -oriented recreational use and development consisting of primitive trails may be permitted as a conditional use subject to the policies and regulations of this Master Program and the following criteria: a. Essential minor structures such as trails, boardwalks, piers, stairs, small picnic areas, viewpoints, restrooms, interpretive facilities, or development that will not result in a net loss of shoreline ecological functions and processes are permitted, subject to the policies and regulations of this Master Program. b. Any necessary landscaping shall use native or similar self -maintaining vegetation. Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited. City Council DRAFT City of Edmonds SMP Page 108 of 160 Packet Pg. 320 8.1.b 24.60.070 Residential Development A. Applicability Residential development refers to one of more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and guest cottages, when allowed by the underlying zoning. Single-family residential development is identified as a priority use the shoreline area when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. A Substantial Development Permit is not required for construction of a single-family residence by an owner, lessee, or contract purchaser for his own use of the use of his family. However, such construction and all normal appurtenant structures must otherwise conform to this Master Program. In addition, when applicable, all residential development is subject to the variance and conditional use requirements of this Master Program. Uses and facilities associate with residential development, which are identified as separate use activities or modifications in this Master Program, such as clearing, grading and landfill are subject to the regulations established for those uses in this Master Program. B. Residential Development Policies 1. Discourage residential structures or accessory structures in areas waterward of the ordinary high water mark, within nearshore management areas, or within wetlands, habitat conservation areas, flood hazard areas or their respective buffers. 2. Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards. The density of development should be appropriate to the local natural and cultural features. 3. Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent shoreline features, be reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes. 4. New residential development should be planned and built in accordance with the policies and regulations in ECDC 24.50.020 and to minimize the need for shoreline stabilization and flood hazard reduction measures. City Council DRAFT City of Edmonds SMP Page 109 of 160 Packet Pg. 321 8.1.b 5. Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive species. 6. Consider additional design features for new Planned Residential Developments, subdivisions and short subdivisions that: a. Cluster dwelling units in order to preserve natural features, minimize physical impacts, and provide for public access to the shoreline. b. Maintain usable waterfront areas for the common use of all property owners with the development. 7. Encourage joint use of shoreline facilities, including access stairs. C. Residential Development Regulations Clearing and grading associated with a single-family residence may be exempted from the shoreline substantial development permit requirement, provided the following conditions are met: a. The clearing and grading activity is confined to the construction site; and b. Grading does not exceed 250 cubic yards. 2. New over -water residences, including floating homes, are prohibited. 3. Residential development shall be: a. Located and designed to avoid the need for structural shore defense and flood protection works in the foreseeable future. b. Designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. 4. Subdivisions: a. Shall comply with local plans, codes, and ordinances. b. Shall be designed to exemplify the definition and policy of the applicable shoreline designation as well as the environmental and physical capabilities of the subject site. City Council DRAFT City of Edmonds SMP Page 110 of 160 Packet Pg. 322 8.1.b c. Shall be designed, configured and developed in a manner that assures no net loss of ecological functions results from the plat or subdivision at full build -out of all lots. d. Shall be prohibited if flood control or shoreline protection measures are necessary to create a residential lot or site area. Shall provide a community recreation and/or open space area for the benefit of all residents or property owners in the development; provided that such provisions shall not apply to lot line adjustments or lot consolidation. f. Public access for the subdivision of a property into 4 or more lots shall be considered in accordance with ECDC 24.40.040 Public Access and Views. g. May be required to cluster residential units and structures to avoid wetlands, habitat conservation areas or landslide hazards that are located on the development site. h. Shall be designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. Shall comply with the applicable policies and performance standards of this Master Program, with regard to roads, utilities, and other improvements. 5. New multifamily residential development should provide community and/or public access in accordance with ECDC 24.40.040 Public Access and Views. D. Residential Development — Shoreline Area Regulations 1. Urban Railroad: Residential development is prohibited. 2. Urban Mixed Use I: Residential development is prohibited. 3. Urban Mixed Use II: Residential development is prohibited. 4. Urban Mixed Use III: Single family and multifamily residential development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Residential development is prohibited. 6. Shoreline Residential I: Single family residential development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II: Single family residential development is permitted subject to the policies and regulations of this Master Program. City Council DRAFT City of Edmonds SMP Page I I I of 160 Packet Pg. 323 8.1.b 8. Shoreline Residential III: Single family residential development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Residential development is prohibited. 10. Aquatic II: Residential development is prohibited. 11. Conservancy: Residential development is prohibited. 12. Natural: Residential development is prohibited. 24.60.080 Transportation and Parking A. Applicability Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry terminals, float plane terminals, airports, heliports, and other related facilities. B. Transportation and Parking Policies 1. New or expanded public transportation facility route selection and development should be coordinated with related local and state government land use and circulation planning. 2. Transportation system plans and transportation projects within shorelines should provide safe travel ways for non -motorized traffic such as pedestrians and bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and should be considered when rights -of -way are being vacated. 3. Transportation system route planning, acquisition, and design within the shoreline should provide, where possible, for compatible uses such as utility lines, pedestrian shore access or view points, or recreational trails. 4. Avoid unnecessary duplication or roads by making use of existing roads where practicable. 5. Public transportation routes, particularly arterial highways and railways, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered. 6. Parking is not a preferred use in shorelines and should only be allowed to support authorized uses where no feasible alternatives exist. C. Transportation and Parking Regulations City Council DRAFT City of Edmonds SMP Page 112 of 160 Packet Pg. 324 8.1.b Transportation and parking facilities shall be planned, located, and designed so that routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water -dependent uses. 2. Roads shall be located to avoid critical areas. Landfills for transportation facility development are prohibited in water bodies, wetlands, and on accretion beaches, except when all structural and upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. Such landfill may be permit as a Conditional Use Permit and must comply with the provisions of ECDC 24.50.040. Where impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 3. Culverts, bridges and similar devices shall be designed to pass water, sediment, and debris loads anticipated under appropriate hydraulic analysis. 4. All roads and drainage systems shall be maintained to prevent erosion and/or water quality degradation. 5. Road routes shall make provisions for pedestrian, bicycle, and other non -motorized modes of travel whenever feasible. 6. Parking facilities are not a water -dependent use and shall only be permitted within the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. 7. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Specific parking standards for uses are identified in the ECDC 17.50, as now or hereafter mended. 8. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Parking should not be located between the building(s) on the subject property and the shoreline. Exterior parking areas, other than for detached dwelling units, must be attractively landscaped with vegetation that will not obstruct view of the shoreline from adjacent public areas or adjacent public rights -of -way. 9. Transportation facilities shall be constructed of materials that will preclude or minimize adverse affects on water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. No part of a transportation facility that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals or other substances that would be City Council DRAFT City of Edmonds SMP Page 113 of 160 Packet Pg. 325 8.1.b harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 10. Maintenance activity including vegetation control and erosion control shall be carried out consistent with this Master Program. Necessary minor resurfacing of existing roadways and replacement of culverts that improve shoreline ecological functions may be exempt from substantial development permit requirements as provided by ECDC 24.80.010. 11. Ferry Terminals: a. The maximum permitted height of structures waterward of the ordinary high water mark shall not exceed 35 above the OHWM, except as provided below: i. Structures related to the loading of pedestrian passengers shall be permitted to exceed the maximum permitted height limit when necessary to perform the intended function. ii. Buildings and structures which house pedestrian passengers, employees and equipment storage shall be permitted to be 20 feet above the height of the ferry loading dock. iii. View analysis shall be conducted for ferry structures exceeding 35 feet above the OHWM and structures designed to minimize impacts on view corridors. b. The maximum permitted height of structures landward of the ordinary high water mark shall not exceed 30 feet above the average grade level except that bridge and overpasses may exceed the maximum height limit when necessary to perform their intended function. 12. Railroads: a. Overwater Structures are prohibited. b. Accessory buildings shall be located on the landward side of the railroad tracks and a minimum of five feet from the property line. c. The size and configuration of structures shall conform to this program unless federal safety standards require a different size or configuration. D. Transportation and Parking — Shoreline Area Regulations 1. Urban Railroad a. The principal use permitted in this shoreline area is the use of the subject property by the railroad for its tracks (i.e., single main track, double main tracks and team tracks), yards and buildings. City Council DRAFT City of Edmonds SMP Page 114 of 160 Packet Pg. 326 8.1.b b. The following accessory uses structures and facilities are permitted subject to the policies and regulations of this Master Program: i. Subgrade and road bed; ii. Railroad track/road crossing signals; iii. Slide fences; iv. Railroad signals; v. Bridges (i.e. pedestrian overpass bridges, vehicular overpass bridges and pipeline overpass bridges); vi. Railroad signage (i.e., speed, track, whistle, etc.); vii. Drainage facilities, including culverts; viii. Railroad crossings; ix. Buildings for housing of maintenance people not to exceed 600 square feet in area; x. Storage of items for maintaining the area; xi. Railway loading platforms; xii. Underpasses; and xiii. Pedestrian safety fencing provided it does not exceed six feet in height above grade and is not constructed of solid sight -obscuring material. If the proposed fence is to exceed either six feet in height, or is constructed of solid sight obscuring material, then a shoreline conditional use permit is required. xiv. The Maximum permitted height of structures is 25 feet above grade level, except as specified below: 1. Accessory buildings shall not exceed 15 feet in height above average grade level. 2. Bridges and overpasses may exceed the maximum height limit when necessary to perform their intended function. 3. Slide fences shall not exceed fix feet in height. as 0 0. E M 0 L. IL L 0 d c L 0 z U) M Ln City Council DRAFT City of Edmonds SMP Page 115 of 160 Packet Pg. 327 8.1.b 4. Signal devices and signage shall be determined on a case -by -case basis according to the goals and policies of this Shoreline Master Program and the Shoreline Management Act and when required by federal law or regulation. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D.l.b.xiii.I through ECDC 24.60.070.D.I.b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not serving a specific approved water dependent use may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. Parking facilities. In the Urban Mixed Use I environment, the 60-foot setback for parking established in ECDC 24.40.090 may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. 3. Urban Mixed Use II: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D.l.b.xiii.I through ECDC 24.60.070.D.l.b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not serving specific approved water dependent uses may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. c. Parking facilities. In the Urban Mixed Use II environment, the 60-foot setback for parking established in ECDC 24.40.090 may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. City Council DRAFT City of Edmonds SMP Page 116 of 160 Packet Pg. 328 8.1.b 4. Urban Mixed Use III: a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and as M a E M 0 L. a L M d c L 0 z M Ln City Council DRAFT City of Edmonds SMP Page 117 of 160 Packet Pg. 329 8.1.b iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 9. Aquatic I a. The following transportation facilities are prohibited in this shoreline area designation: i. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic I environment are not feasible. 10. Aquatic II a. The following transportation facilities are prohibited in this shoreline area designation: i. Parking. City Council DRAFT City of Edmonds SMP Page 118 of 160 Packet Pg. 330 b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic II environment are not feasible. 11. Conservancy a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; and ii. Ferry terminals. b. Transportation facilities not specifically prohibited above may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. c. Parking facilities may be permitted as a conditional use subject to the policies and regulations of this Master Program. 12. Natural a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. 24.60.090 Utilities A. Applicability City Council DRAFT City of Edmonds SMP Page 119 of 160 Packet Pg. 331 8.1.b Utilities are services and facilities that produce, convey, store, or process power, gas, sewage, communications, oil, waste, and the like. On -site utility features serving a primary use, such as a water, sewer or gas line to a residence, are "accessory utilities" and shall be considered a part of the primary use. B. Utilities Policies 1. Solid waste disposal activities and facilities are prohibited in shoreline areas. 2. New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless this location is reasonably necessary for the efficient operation of the utility facility or service. 3. Utilities should be located and designed to avoid negative impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources. 4. Utilities should be located such that shoreline defense works will not be required for the life of the project. 5. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights -of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning. 6. Utilities should be located in existing rights -of -way and corridors whenever feasible 7. Utilities serving new development should be located underground, wherever feasible. 8. Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discourage except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. 9. Utilities should be designed and development to preserve scenic views and aesthetic qualities of the shoreline area. C. Utilities Regulations Prohibited Pipelines. Except for gas or oil pipelines, city -approved sanitary sewer, stormwater outfall lines, or other conveyance systems for on -site drainage collection City Council DRAFT City of Edmonds SMP Page 120 of 160 Packet Pg. 332 8.1.b systems for approved boat wash -down to special on -site treatment facilities otherwise permitted in this section, no pipeline for the transmission of any substance that would be hazardous to the aquatic environment may be constructed within the shoreline area. 2. Except where infeasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility. 3. Utilities may not be located waterward of the ordinary high water mark unless no practicable alternative exists and this location is essential to the operation of the utility 4. Utilities shall be located adjacent to or within existing utility or circulation easements or rights -of -way whenever feasible. Joint use of rights -of -way and corridors is encouraged. 5. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, that are not water -dependent shall be located outside of shoreline jurisdiction unless alternative locations are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant adverse impact to other shoreline resources and values such as parks and recreation facilities, public access and aesthetic resources. 6. Outfall pipelines and diffusers are water -dependent, but should be located only where there will be no net loss in shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. 7. Facilities for processing, storage and disposal of solid waste are not normally water - dependent. Components that are not water -dependent shall not be permitted in shoreline jurisdiction. 8. Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. 9. When feasible, utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner. 10. Utility developments shall be located and designed so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project. D. Utilities Application Requirements Applications for new or expanded shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this Master Program, including but not limited to: City Council DRAFT City of Edmonds SMP Page 121 of 160 Packet Pg. 333 8.1.b 1. Description of the proposed facilities; 2. Reasons why the utility facility requires a shoreline location; 3. Alternative locations considered and reasons for their elimination; 4. Location of other utility facilities in the vicinity of the proposed project and any plans to include the other types of utilities in the project; 5. Plans for reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the utility; 6. Plans for control or erosion and turbidity during construction and operation; and 7. Identification of any possibility for locating the proposed facility at another existing utility facility sire or within an existing utility right-of-way. E. Utilities — Shoreline Area Regulations Urban Railroad: Utility development is permitted subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: Utility development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Utility development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Utility development is permitted subject to the policies and regulations of this Master Program. 5. Urban Mixed Use IV: Utility development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential I: Utility development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential II: Utility development is permitted subject to the policies and regulations of this Master Program. 8. Shoreline Residential III: Utility development is permitted subject to the policies and regulations of this Master Program. 9. Aquatic I: Utility development is permitted subject to the policies and regulations of this Master Program. City Council DRAFT City of Edmonds SMP Page 122 of 160 Packet Pg. 334 8.1.b 10. Aquatic 11: Utility development is permitted subject to the policies and regulations of this Master Program. 11. Conservancy: Utility development is permitted subject to the policies and regulations of this Master Program. 12. Natural: Utility development may be permitted as a conditional use subject to the policies and regulations of this Master Program. Part VII Nonconforming Development 24.70.000 Purpose The purpose of this section is to allow certain nonconforming uses, buildings, signs and lots within shoreline jurisdiction to continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 24.70.010 Nonconforming Uses A. Nonconforming uses are shoreline uses which were lawfully established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which do not conform to present regulations or standards of this Master Program or policies of the act. B. A use which is listed as a conditional use but which existed prior to adoption of this Master Program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of this Master Program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. C. A nonconforming use may continue, unless required to be abated by subsection (D) of this section, but it may not be expanded in any way, including additional lot areas, floor area, height, number of employees, equipment, or hours of operation, except as otherwise provided in ECDC 24.70.050. D. Lapse of Time. 1. If a nonconforming use is discontinued for 6 consecutive months or for 12 months during any two-year period, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire. Uses such as agricultural or aquiculture, which City Council DRAFT City of Edmonds SMP Page 123 of 160 Packet Pg. 335 8.1.b vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent with the traditional use. 2. If a nonconforming uses ceases because its building is damaged in excess of 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC 19.00.015, et seq., is filed within six months of the date such damage occurred. After the application has been filed, only one 180-day extension may be granted. 3. The right of reestablishment of use described in subsection D.2 of this section shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agent. c. In the event that subsection D.3.a or .b of this section apply, the nonconforming use shall be abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as proved in ECDC 24.70.020. E. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed. 24.70.020 Nonconforming development, building and/or structure A. Nonconforming development means a shoreline development which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program. B. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. City Council DRAFT City of Edmonds SMP Page 124 of 160 Packet Pg. 336 8.1.b C. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. D. A nonconforming development, building and/or structure which is moved any distance must be brought into conformance with this Master Program. E. Nonconforming development, building and/or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section; provided, that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity except as expressly provided in subsection F though L of this section. F. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. G. If a nonconforming development, building and/or structure is destroyed or damaged to an extent not exceeding 75 percent replacement cost at the time of destruction, it may be restored to its former size, shape and lot location as existing immediately prior to the time the structure was damaged, so long as restoration is either: 1. Completed within one year of the date of damage; or 2. Completed within one year of the date of issuance of all required permits, so long as applications for such permits are vested within six months of the date of damage and are pursued in a timely manner. H. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as Type II staff decision under the provisions of Chapter 20.06 ECDC. I. The right of restoration described in subsection E of this section shall not apply if: 1. The development, building and/or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or 2. The development, building and/r structure is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agents. City Council DRAFT City of Edmonds SMP Page 125 of 160 Packet Pg. 337 8.1.b Residential Buildings in Commercial Zones. Existing nonconforming buildings in commercial zones in use solely for residential purposes, or structures attendant to such residential use, may be remodeled or reconstructed without regard to the limitations of subsections D, E and G of this section, if, but only if, the following conditions are met: The remodel or reconstruction takes place within the footprint of the original building or structure. "Footprint" shall mean an area equal to the smallest rectangular area in a plane parallel to the ground in which the existing building could be placed, exclusive of uncovered decks, steps, porches, and similar features; and provided, that the new footprint of the building or structure shall not be expanded by more than 10 percent and is found by the city staff to be substantially similar to the original style and construction after complying with current codes. 2. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. 3. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. 4. A nonconforming residential single-family building may be rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. "Substantial compliance" shall be determined by the city as a Type II staff decision, except that any appeal of the staff decision shall be to the ADB rather than the hearing examiner. The decision of the ADB shall be final and appealable only as provided in ECDC 20.07.006. K. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. L. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030.B.5. In the BD5 zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 and this Master Program without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030.B. City Council DRAFT City of Edmonds SMP Page 126 of 160 Packet Pg. 338 8.1.b 24.70.030 Nonconforming Lots A. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, so long as such development conforms to other requirements of this Master Program, the Shoreline Management Act, and all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection D of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code, except as specifically provided in subsection D of this section. D. Exception for Single -Family Dwelling Units. An applicant may build on single-family residence consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In a Shoreline Residential environment, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot areas specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create a new buildable lot. Lot Area Table % Needed for Lot Size Needed Zone Legal Lot for legal lot (1) RS-20 60% 12,000 City Council DRAFT City of Edmonds SMP Page 127 of 160 Packet Pg. 339 8.1.b (2) RS-12 70% 8,400 (3) RS-10 75% 7,500 (4) RS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild on residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 24.70.020.G if a fully completed building permit application is vested within six months of the destruction of the residence and all other development requirements of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish county recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by the Edmonds Community Development Code. 24.70.040 Nonconforming Signs Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and environmental living conditions which this Master Program and zoning ordinances are intended to preserve and enhance. Nonconforming signs shall be brought in to compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as provided below. The following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of this Master Program of Chapter 20.60 ECDC 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident an act of God. B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that it is expanded in violation of subsection A of this section. City Council DRAFT City of Edmonds SMP Page 128 of 160 Packet Pg. 340 8.1.b C. None of the forgoing provisions relating to permitted maintenance, name change or preservation of the sing under subsection A of this section shall be construed so as to permit the continuation or preservation of any nonconforming off -premises sign. 24.70.050 Nonconforming local public facilities Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to the policies and provisions of this Master Program and review under Chapter 20.16 ECDC, Essential Public Facilities. Part VIII Administration — Shoreline Permits 24.80.000 Purpose This chapter establishes the permit review procedure for shoreline permits, in accordance with the Shorelines Management Act, Chapter 90.58 RCW and Chapter 173-27 WAC. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Master Program, regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. 24.80.010 Exemptions from Shoreline Substantial Development Permit Process A. Application and interpretation 1. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. 2. An exemption from the substantial development permit process is not an exemption from compliance with the Shoreline Management Act or the City of Edmonds' Shoreline Master Program, or from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of this Master Program and the Shoreline Management Act. 3. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance. 4. A development or use that is listed as a conditional use pursuant to this Master Program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. City Council DRAFT City of Edmonds SMP Page 129 of 160 Packet Pg. 341 8.1.b 5. The burden of proof that a development or use is exempt from the permit process is on the applicant. 6. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. 7. The City of Edmonds may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this Master Program. B. Exemptions Listed. The following developments shall not require substantial development permits: Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand seven hundred eighteen dollars ($5718), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation every five years consistent with WAC 173-27-040(2)(a). For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. 2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. 3. Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall City Council DRAFT City of Edmonds SMP Page 130 of 160 Packet Pg. 342 8.1.b fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife. 4. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5. Construction or modification of navigational aids such as channel markers and anchor buoys. 6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of twenty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance as defined in 24.90.010.F. Construction authorized under this exemption shall be located landward of the ordinary high water mark. 7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single- family and multiple -family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: a. In salt waters (Puget Sound), the fair market value of the dock does not exceed two thousand five hundred dollars; or City Council DRAFT City of Edmonds SMP Page 131 of 160 Packet Pg. 343 8.1.b b. In fresh waters (Lake Ballinger) the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. 9. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 10. Operation and maintenance of any system of dikes, ditches, drains, or other similar drainage or utility facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. 11. Any project with a certification from the governor pursuant to chapter 80.50 RCW. 12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550. 13. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW. City Council DRAFT City of Edmonds SNIP Page 132 of 160 Packet Pg. 344 8.1.b 14. Watershed restoration projects as defined in WAC 173-27-040(2)(o). The administrator shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty- five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. 15. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the department of fish and wildlife; ; b. The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW; and; c. The City has determined that the project is substantially consistent with the local shoreline master program. The City shall make such determination that in a timely manner and provide it by letter to the project proponent. . 24.80.020 Letter of Exemption A. The Administrator is hereby authorized to grant or deny requests for letters of exemption from the shoreline substantial development permit requirement for uses and developments with shorelines that are specifically listed in ECDC 24.80.010.B. The letter of exemption shall indicate the specific exemption of this Program that is being applied to the development, and shall provide a summary of the Administrator's analysis of the consistency of the project with this Master Program and the Shoreline Management Act. As appropriate, such letters of exemption may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of this Master Program and the Shoreline Management Act. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. The Administrator's actions on the issuance of a letter of exemption or a denial are subject to appeal pursuant to ECDC 24.80.110.C. B. A letter of exemption shall be prepared addressed to the applicant/proponent and the Washington State Department of Ecology, pursuant to the requirement of WAC 173-27-050 when the project is subject to one or more of the following Federal permitting requirements: 1. A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or 2. A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or City Council DRAFT City of Edmonds SMP Page 133 of 160 Packet Pg. 345 8.1.b wetland area. Specific applicability information should be obtained from the Corps of Engineers.) C. Apart from the activities listed in ECDC 24.80.020.13, no letter of exemption shall be required for other uses or developments exempt pursuant to ECDC 24.80.010 unless the Administrator has cause to believe a substantial question exists as to qualification of the specific use or development for the exemption, an applicant requests a letter of exemption, or the Administrator determines there is a likelihood of adverse impacts to shoreline ecological functions. 24.80.030 Review Criteria for All Development No authorization to undertake use or development on shorelines of the state shall be granted unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the City of Edmonds Shoreline Master Program. 24.80.040 Substantial Development Permit Criteria A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to ECDC 24.80.010. B. In order for a substantial development permit to be approved, the decision maker must find that the proposal is consistent with the following criteria: 1. All regulations of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by an approval of a shoreline variance under ECDC 24.80.060. 2. All policies of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be considered and substantial compliance demonstrated. 24.80.050 Conditional Use Permit Criteria A. The purpose of a conditional use permit is to provide greater flexibility in the administering of use regulations of this Master Program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Shoreline Management Act and this Master Program. City Council DRAFT City of Edmonds SMP Page 134 of 160 Packet Pg. 346 8.1.b B. Uses specifically classified or set forth in the Master Program as conditional uses may be authorized provided that the applicant demonstrates all of the following: 1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; 2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. C. Uses which are not specifically identified as an allowed use or uses which are specifically prohibited by this Master Program may not be authorized pursuant to either subsection B of this section. D. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. 24.80.060 Variance Permit Criteria A. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the use regulations of this Master Program are prohibited. B. Variances will be granted in circumstances where the denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances exist and that the public interest shall suffer no substantial detrimental effect. C. Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: City Council DRAFT City of Edmonds SMP Page 135 of 160 Packet Pg. 347 8.1.b That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with lawful, reasonable use of the property; 2. That the hardship described in 1 of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Master Program, and not, for example, from deed restrictions or the applicant's own actions or those of a predecessor in title; 3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; 4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; 5. That the variance requested is the minimum necessary to afford relief, and 6. That the public interest will suffer no substantial detrimental effect. D. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: 1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; 2. That the proposal is consistent with the criteria established under subsection ECDC 24.80.060.C.1 through 6 of this section; and 3. That the public rights of navigation and use of the shorelines will not be adversely affected. E. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. 24.80.070 Minimum Application Requirements A complete application for substantial development, conditional use, or variance permit shall contain as a minimum, the following information: City Council DRAFT City of Edmonds SNIP Page 136 of 160 Packet Pg. 348 8.1.b A. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. B. The name, address and phone number of the applicant's representative if other than the applicant. C. The name, address and phone number of the property owner, if other than the applicant. D. Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. E. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. F. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. G. A general description of the property as it now exists including its physical characteristics and improvements and structures. H. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. I. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: 1. The boundary of the parcel(s) of land upon which the development is proposed. 2. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. The precise location of the ordinary high water mark shall be field verified by the City of Edmonds and/or the Department of Ecology. 3. Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed City Council DRAFT City of Edmonds SMP Page 137 of 160 Packet Pg. 349 8.1.b change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. 4. Existing critical areas as together with any supporting information consistent with the reporting requirements of ECDC 23.40.090. 5. A general indication of the character of vegetation found on the site. 6. The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. 7. Where applicable, a landscaping plan for the project. 8. Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. 9. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. 10. Quantity, composition and destination of any excavated or dredged material. 11. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. 12. Where applicable, a depiction of the impacts to views from existing residential uses and public areas. 13. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. 24.80.080 Notice of Application A. Upon receipt of a fully completed shoreline substantial development permit, shoreline conditional use permit, or shoreline variance application, the City shall issue a Notice of Application in the manner set forth in ECDC 20.90.010.E. B. The public comment period for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be thirty (30) days following the date of notice of application. Public comments may be submitted at any time prior to the closing of City Council DRAFT City of Edmonds SMP Page 138 of 160 Packet Pg. 350 8.1.b the record of an open record predecision hearing or, if no open record public hearing is required, prior to the decision on the project permit. C. If an open record predecision hearing, as define in RCW 36.7013.020, is required for the requested project permits, the notice of application shall be provided at least fifteen (15) days prior to the open record hearing. The public hearing shall not be closed to the receipt of written comments prior to thirty (30) days following the date of the notice. City Council DRAFT City of Edmonds SMP Page 139 of 160 Packet Pg. 351 8.1.b 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads A. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; 2. The local government shall issue its decision to grant or deny the permit within twenty- one days of the last day of the comment period specified in subsection (2)(a) of this section; and 3. If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. B. For purposes of this section, a limited utility extension means the extension of a utility service that: 1. Is categorically exempt under chapter 43.21C RCW for one or more of the following Natural gas, electricity, telephone, water, or sewer; 2. Will serve an existing use in compliance with this chapter; and 3. Will not extend more than two thousand five hundred linear feet within the shorelines of the state. 24.80.100 Public Hearings A. The Administrator shall determine whether an application requires a public hearing pursuant to the criteria below no later than fifteen (15) days after the minimum public comment period provided by ECDC 24.80.080.13. An open record public hearing shall be required for all of the following: 1. One or more interested persons has submitted to the administrator, with 15 days of the final publication notice of the application, a written request for such a hearing together with a statement of the reasons for the request; or 2. The proposal is determined to have a significant adverse impact on the environment and an Environmental Impact Statement is required in accordance with the State Environmental Policy Act; or City Council DRAFT City of Edmonds SMP Page 140 of 160 Packet Pg. 352 8.1.b 3. The proposal requires a variance and/or conditional use approval pursuant to this Master Program; or 4. The use or development requires an open record public hearing for other City of Edmonds approvals or permits. 24.80.110 Notice of Decision, Reconsideration, and Appeals A. Notice of Decision 1. Within five days of a decision for action on a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance, the Administrator shall mail or hand deliver a copy of the final decision to the following: a. The applicant/proponent; b. Any person(s) who have filed a written request for a copy of the decision; c. All persons who submitted substantive written comments on the application.; and d. The Department of Ecology. 2. The notice of decision to ECDC 24.80.110.A.1.a through c shall include findings and conclusions, and a statement of the SEPA threshold determination and the procedures for an appeal (if any) of the permit decision or recommendation. 3. Decisions filed with the Department of Ecology shall contain the following information 1. A copy of the complete application; 2. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation(s), applicable Master Program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s). 3. The final decision of reached by the City of Edmonds on the proposal; 4. A completed permit data sheet in the form provided in WAC 173-27-990 or hereafter amended. 5. Where applicable, the City of Edmonds shall also file the applicable documents required by SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under RCW 43.21 C. City Council DRAFT City of Edmonds SMP Page 141 of 160 Packet Pg. 353 8.1.b B. Reconsideration. The applicant/proponent or any party of record may request reconsideration of any final action by the decision maker within (10) days of the decision. Grounds for reconsideration must be based upon the content of the written decision. The decision maker is not required to proved a written response or modify his/her original decision. He/she may initiate such action as he/she deems appropriate. The procedure of reconsideration shall not pre-empt or extend the appeal period for a permit or affect the date of filing with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period in writing with ten (10) days of a final action. C. Appeals 1. Local appeals of decision by the Shoreline Administrator or the Hearing Examiner shall be pursuant to the procedure and timelines of ECDC 20.01, ECDC 20.06, and ECDC 20.07.. 2. Appeals of a final decision of the City of Edmonds or the Department of Ecology shall be filed within 21 days of the date of filing of the final permit and shall be heard by the Shorelines Hearings Board pursuant to the procedures and timelines of RCW 90.58.180. 24.80.120 Initiation of Development A. Development pursuant to a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall not begin and shall not be authorized unit twenty-one (2 1) days after the "date of filing" or until all review proceeding before the Shoreline Hearings Board have terminated. B. Date of filing: 1. "Date of filing" of a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. 2. The "date of filing" for a shoreline conditional use permit or a shoreline variance shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department to the City of Edmonds and the applicant/proponent. 24.80.130 Revisions A. A revision is required when an applicant proposes substantive changes to the design, terms, or conditions of an approved permit. Changes are "substantive' if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this Master Program, or the Shoreline Management Act. Changes, which the Administrator determines are not substantive, do not require approval of a revision. B. When a permit revision is required, the applicant shall submit detailed plans and text describing the proposed changes. If the Administrator determines that the revisions proposed City Council DRAFT City of Edmonds SMP Page 142 of 160 Packet Pg. 354 8.1.b are within the scope and intent of the original permit, the Administrator may approve the revision as a Type II decision. C. "Within the scope and intent of the original permit" means all of the following: 1. No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet (500) or ten percent (10%) from the provisions of the original permit, whichever is less; 2. Ground area coverage and height maybe increased a maximum often percent (10%) from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; 5. The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. D. If the sum of the proposed revision and any previously approved revisions do not meet the criteria in ECDC 24.80.130.C, an application for a new Shoreline Permit must be submitted. E. If the revision involves a Shoreline Conditional Use Permit or Shoreline Variance, which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology. Under the requirements of WAC 173-27-110(6), the Department of Ecology shall render and transmit to the City of Edmonds and the applicant its final decision with fifteen (15) days of the date of the department's receipt of the submittal from the City of Edmonds. The City of Edmonds shall notify parties of record of the department's final decision. F. Revision approvals, including the revised site plans, a detailed description of the authorized changes, and the final ruling on consistency with this section shall be filed with the Department of Ecology. In addition, the City of Edmonds shall notify parties of record of the revision. G. Revisions to shoreline permits may be authorized after the original authorization has expired. Revisions made after the expiration of the original permit shall be limited to changes that are consistent with this Master Program and that would not require a permit under this Master Program. If the proposed change is a substantial development as defined by this Master Program, then a new permit is required. The provisions of this paragraph shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit. City Council DRAFT City of Edmonds SMP Page 143 of 160 Packet Pg. 355 8.1.b H. Appeals on revisions shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the City of Edmonds' action by the Department of Ecology or, when appropriate under subsection E of this section, the date the Department of Ecology's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection C of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. 24.80.140 Time requirements of Shoreline Permits A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance: Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two (2) years of the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology 2. Authorization to conduct development activities shall terminate five (5) years after the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology. 3. The effective date of a substantial development permit shall be the date of filing as provided in ECDC 24.80.120.13. The permit time periods in subsections 1 and 2 of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 4. Authorization to conduct development activities pursuant to a shoreline permit issued by the City of Edmonds shall expire five (5) years after the date of issuance provided the activity was not pursued due to the pendency of administrative appeals or legal action. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors. City Council DRAFT City of Edmonds SMP Page 144 of 160 Packet Pg. 356 8.1.b B. Notwithstanding the time limits established in ECDC 24.80.140.A.1 and .2, upon finding of good cause based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of this Master Program and the Shoreline Management Act, the Administrator or Hearing Examiner as appropriate may set different time limits for a particular substantial development permit as part of the action to approve the permit. The Hearing Examiner may also set different time limits on specific conditional use permits or variances with the approval of the Department of Ecology. The different time limits may be longer or shorter than those established in ECDC 24.8 0.140.A. I and .2 but shall be appropriate to the shoreline development or used under review. "Good cause based on the requirements and circumstances of the proposed project" shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources. C. The Administrator or Hearing Examiner as appropriate shall notify the Department of Ecology in writing of any change to the effective date of a permit with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized ECDC 24.80.150.A and .B shall require a new permit application. 24.80.150 Administrative Authority and Responsibility A. Shoreline Administrator The Shoreline Administrator shall be the planning manager or his/her designee and is vested with the following authority and responsibility to: 1. Have overall administrative responsibility for this Master Program; 2. Determine if a public hearing should be held on a shoreline permit application by the Hearing Examiner pursuant to ECDC 24.80.100; 3. Grant or deny written Permit Exemptions from shoreline Substantial Development Permit requirements of this Master Program; 4. Authorize, approve or deny shoreline Substantial Development Permits, except for those for which a public hearing is required pursuant to ECDC 24.80.100; 5. Make written recommendation to the Hearing Examiner or City Council as appropriate and insofar as possible, in order to assure that all relevant information, testimony, and questions regarding a specific matter are made available during their respective reviews of such matter. 6. Review and evaluate the records of project review actions (permits and exemptions) in shoreline areas and report on the cumulative effects of authorized development of shoreline conditions at a minimum every seven years when this Master Program is updated. The administrator shall coordinate such review with the Washington State City Council DRAFT City of Edmonds SMP Page 145 of 160 Packet Pg. 357 8.1.b Department of Ecology, Washington State Department of Fish and Wildlife, and other interested parties. 7. Advise interested citizens and project proponents of the goals, policies, regulations and procedures of this Master Program; and 8. Make administrative decisions and interpretations of the policies and regulations of this Master Programs and the Shoreline Management Act. B. Hearing Examiner The Hearing Examiner is vested with the following authority: 1. To grant or deny shoreline Substantial Development Permits requiring public hearings pursuant to ECDC 24.80.100; 2. To grant or deny shoreline Conditional Use Permits under this Master Program; 3. To grant or deny variances form this Master Program; and 4. To decide on appeals of administrative decisions issued by the Administrator of this Master Program in accord with procedures set forth in Title 20 of this code. C. City Council 1. The Edmonds City Council is vested with the authority to hear closed record appeals of determinations of the Hearing Examiner and approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code. 2. To become effective any amendment to this Master Program must be reviewed and adopted by the Department of Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC. 24.80.160 Compliance Failure to comply with the conditions of approval associated with a shoreline permit shall cause the permit to immediately become void and any continuation of the use activity shall be considered a violation of this Master Program and a public nuisance subject to enforcement proceedings. 24.80.170 Enforcement City Council DRAFT City of Edmonds SNIP Page 146 of 160 Packet Pg. 358 8.1.b Procedures for investigation and notice of violation, compliance, and the imposition of penalties for the violation of any requirements of this Master Program shall be consistent with provisions in ECDC 20.110.040, Part II 173-27 WAC, RCW 90.58.210, and RCW 90.58.220. Part IX Definitions 24.90.000 General Information A. For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Some terms used in this Master Program may have a different definition and application under other City of Edmonds regulations. Words in the singular include the plural, the plural the singular. The words "shall", "will" and "must" are mandatory; the word "may" is permissive. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this Master Program, against taking the action. Additional definitions applicable to this master Program and adopted by reference herein, are found in RCW 90.58 and Chapters 173-26 and 173-27 WAC. The following definitions apply throughout this Program, unless otherwise indicated. B. If a definition is not included here, the city shall rely on definitions found in applicable citations in the Revised Code of Washington (RCW), Washington Administrative Code (WAC), the Edmonds Community Development Code (ECDC), and finally a standard dictionary, in that order. In case of conflict with the ECDC, the definition within the RCW, WAC, and/or this Master Program shall prevail. 24.90.010 Definitions: A to B A. "Abandoned" means knowing relinquishment of right or claim to the subject property or structure on that property. B. "Accessory" means a use, activity, structure or part of a structure which is demonstrably subordinate and incidental to the main activity or structure on the subject property. C. "Accessory building" means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. D. "Alteration(s)" means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. E. "Applicant" means a person who applies for any permit or approval to do anything governed by this code and who is either the owner of the subject property, the authorized agent of the owner, or the city. City Council DRAFT City of Edmonds SMP Page 147 of 160 Packet Pg. 359 8.1.b F. "Appurtenance" means a structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and also of the perimeter of any marsh, bog, or swamp. See also "Normal appurtenances." G. "Aquaculture" means the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. H. "Aquaculture practices" means any activity directly pertaining to growing, handling, or harvesting or aquaculture produce, including, but not limited to, propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing. "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. J. "Average parcel depth" means the average of the distances from the ordinary high water mark to the street providing direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. K. "Average parcel width" means the average of the distances between side property lines as measured along the ordinary high water mark and the front property line. L. "Backfill" means material placed into an excavated area, pit, trench or behind a constructed retaining wall, rockery or foundation. M. "Boat launch or ramp" means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device. N. "Buoy" means a floating object anchored to the bottom of a water body. O. "Breakwater" means an offshore structure generally aligned parallel to shore, sometimes shore -connected, that provides protection from waves. P. "Buffer" means the area adjacent to a critical area and/or shoreline that is required for the continued maintenance, function, and/or structural stability of the critical area and/or City Council DRAFT City of Edmonds SNIP Page 148 of 160 Packet Pg. 360 8.1.b shoreline. Buffer widths vary depending on the relative quality and sensitivity of the area being protected. Unlike zoning or shore setbacks, buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions and values. Q. "Building" means any structure having a roof, excluding all forms of vehicles even though immobilized. R. `Bulkhead" means a retaining wall whose primary purpose is to hold or prevent the backfill from sliding while providing protection against light -to -moderate wave action. 24.90.020 Definitions: C to F A. "City" means the City of Edmonds, a municipal corporation. B. "Commercial use" means an activity with goods, merchandise, or services offered for sale or rent. C. "Comprehensive plan" means the comprehensive Plan of the City of Edmonds and all elements thereof as amended or, if repealed, its successor document, listing the goals and policies regarding land use within the city. D. "Contour line" means a line on a map or on the earth representing a specific elevation above sea level or an elevation relative to a specific datum point. E. "Coverage" means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. F. "Critical areas" include the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas designated through the Edmonds Critical Area Ordinance. G. "Cross-section (drawing)" means a visual representation of a vertical cut through a structure or any other three-dimensional form. H. "Dedication" means the deliberate granting of an interest in land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted. I. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; grading; filling; removal of any sand, gravel, or minerals; bulk heading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level. City Council DRAFT City of Edmonds SNIP Page 149 of 160 Packet Pg. 361 8.1.b J. "Development permit" means any permit or approval under this code or the ECDC that must be issued before initiating a use or development activity. K. "Dock" means a structure designed to protrude overwater or float upon the water, and which is attached to the shoreline and is used for moorage or other water -related activity such as swimming or diving. L. "Dredging" means removal of earth and other materials from the bottom of a body of water or from a wetland. M. "Dredging spoils" means the earth and other materials removed from the floor of a body of water or wetland by the dredging process. N. "Drift cell," "drift sector," or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. O. "Dry land" means the area of the subject property landward of the ordinary high water mark. P. "Dwelling unit" means a building providing complete housekeeping facilities for one family Dwelling unit does not include recreational vehicles or mobile homes. Q. "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or uses above or below it, excluding lawfully permitted accessory dwelling units. R. "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. S. "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or adjacent to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses, excluding lawfully permitted accessory dwelling units. T. "ECDC" means the "Edmonds Community Development Code." U. "Easement" means land which has specific air, surface or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. V. "Ecological functions" or "shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). City Council DRAFT City of Edmonds SMP Page 150 of 160 Packet Pg. 362 8.1.b W. "Edmonds Community Development Code (ECDC)" means Ordinance 2182 as amended or, if repealed, its successor document. X. "Enhancement" means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects. Y. "Environmentally sensitive areas" means an area designated and mapped by a city under WAC 197-11-908, as now or hereafter amended. Certain categorical exemptions do not apply within environmentally sensitive areas (WAC 197-11-305 and 197-11-908, as now or hereafter amended). Z. "Erosion and deposition" means the removal of soils and the placement of these removed soils elsewhere by natural forces such as wind or water. AA. "Excavate(tion)" means the mechanical removal of soils and/or underlying strata. BB. "Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or test have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; and 3. The action does not physically preclude achieve the project's primary intended legal use In cases where this Master Program requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the City of Edmonds may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. CC. "Ferry terminal" means a combination of waterward and upland improvements providing the interface between public/private waterborne transportation and public/private ground transportation. DD. "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material (excluding solid waste) to an area waterward of the OHWM, in wetlands, or on shoreland in a manner that raises the elevation or creates dry land. City Council DRAFT City of Edmonds SMP Page 151 of 160 Packet Pg. 363 8.1.b EE."Fill material" means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. FF. "Float, recreational" means an offshore platform/buoy used for water -dependent activities such as, but not limited to, swimming and diving. 24.90.030 Definitions: G to O A. "Gabions" means structures composed of masses of rocks, rubble or masonry held tightly together, usually by wire mesh, so as to form blocks or walls; sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, an other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site -specific and cumulative geological and hydrological impacts of the proposed development; including the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall conform to accepted technical standards an must be prepared by qualified professional engineers or geologists who have professional expertise in both regional and local shoreline geology and processes. C. "Government facility" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. D. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. E. "Haines Wharf' means Lots 7 through 11 in the plat of Meadowdale Tidelands. F. "Hotel" means any building containing five or more separately occupied rooms that are rented out for sleeping purposes. A central kitchen and dining room and interior accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. G. "Improvement" means any structure or manmade feature. H. "Inner harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution. "Land surface modification" means the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of City Council DRAFT City of Edmonds SMP Page 152 of 160 Packet Pg. 364 8.1.b overhanging vegetation and fire hazards as specified in ECDC 18.45.030(E) shall not be deemed to be land surface modifications. J. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. K. "Landward" means upland from the ordinary high water mark. L. "Lot" means a single tract of land legally created as a separate building site with frontage on a street or access easement. For purposes of this code the area of the lot used to calculate lot area shall be the area of the lot which is upland of the OHWM and adjoining lots under common ownership which were created without subdivision or short subdivision approval from applicable city or county governments. This lot area shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. M. "Low Impact Development (LID)" means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. N. "LID Principles" means land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. O. "Low impact development best management practices" means distributed stormwater management practices, integrated into a project design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re -use. P. "Marine launcher" means a mechanical device that can hoist vessels off trailers and transport them into the water and often is associated with dry land moorage facilities. Q. "Master plan" means a complete development plan for the subject property showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation. R. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. S. "Minor appurtenant building" means minor buildings associated with overwater structures including but not limited to the following: storage buildings less than 150 square feet in area, ferry terminal passenger shelter, covered moorage, etc. City Council DRAFT City of Edmonds SMP Page 153 of 160 Packet Pg. 365 8.1.b T. "Mixed -use developments" are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water -dependent uses with non -water -dependent uses. Drive-in businesses are not permitted. U. "Modification" means an action undertaken in support of or in preparation for a shoreline use that modifies the physical configuration or qualities of the shoreline area. V. "Moorage" means a place to tie up or to anchor a waterborne craft. W. "Mooring buoy" means a floating object anchored to the bottom of a water body that provides tie up capabilities for waterborne craft. X. "Moorage facility" means a pier, dock, dolphin, buoy or other structure providing docking or moorage space for waterborne craft. Y. "Motel" means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. Z. "Multimodal terminal (facility)" means a terminal (facility) designed for the co -location of transportation loading and unloading by multiple forms of transportation including land, water or rail. AA. "Nonconformance" means any use, structure, lot, condition, activity, or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this code or that was not approved by the city through the appropriate decision -making process required under this code and/or was established prior to the original Edmonds shoreline master program. BB. "Normal appurtenances" normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. CC. "Office (use)" means a place of employment in a building or separately defined space within a building providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real City Council DRAFT City of Edmonds SMP Page 154 of 160 Packet Pg. 366 8.1.b estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: medical, dental, or other health care; veterinary; banks, loan companies and similar financial institutions. DD. "Off-street parking" means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose. EE."Official newspaper of the city" means the publication designated by ordinance or resolution to contain official newspaper publications for the city government. FF. "Official notification boards of the city" means the bulletin boards in the public areas of the city of Edmonds Community Services Building, the Edmonds Main Post Office Branch, and the Edmonds Public Library. GG. "OHWM" means ordinary high water mark (see ECDC 24.90.030.FF) HH. "Open space" means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. II. "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City of Edmonds or the Department of Ecology; PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. JJ. "Oriented" means facing or directed toward. KK. "Outer harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State 24.90.040 Definitions: P to R A. "Parking area" means any area designed and/or used for parking of vehicles. B. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. C. "Pedestrian orientation" pertains to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians. City Council DRAFT City of Edmonds SMP Page 155 of 160 Packet Pg. 367 8.1.b D. "Pier" means a fixed structure which abuts the shoreline and is used for moorage or other water -related activities such as fishing, swimming and diving. E. "Planning division" means the planning division of the community services department of the City of Edmonds. F. "Planning manager" means the manager of the planning division of the City of Edmonds or the acting manager of that division. G. "Planning official" means the manager of the planning division or his/her designee. H. "Port" means a special purpose unit of local government created for the purpose of managing port -related lands, facilities and activities. For the purposes of this document, "port" refers to the port of Edmonds and its facilities and operation. I. "Property line" means those lines enclosing a lot, its developable area and those lines defining a recorded vehicular access easement. The following are categories of property lines: 1. "Front property line" is any property line that is adjacent to a street or easement more than 20 feet in width, except that the Burlington Northern right-of-way shall not be considered a front property line. 2. "Rear property line" is any property line that is farthest from and essentially parallel to a front property line except on a lot which contains two or more front property lines. 3. "Side property line" is any property line other than a front property line or a rear property line. J. "Public access" is the physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including disabled), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and other similar facilities or locations. K. "Public access pier or boardwalk" means an elevated structure or floating structure which is constructed waterward of the ordinary high water mark and intended for public use. L. "Public park" means an area provided by a unit of government to meet the active or passive recreational needs of people in the water and on the upland shoreline. M. "Public right-of-way" means land dedicated to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels and or public waterborne transportation. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices. City Council DRAFT City of Edmonds SNIP Page 156 of 160 Packet Pg. 368 8.1.b N. "Public use area" means a portion of private property that is dedicated to public use and which contains one or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area. O. "Public utility" means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, waste water treatment, stormwater treatment, electric power, telephone, cablevision, gas, and transportation for persons and freight. P. "Railroad right-of-way" means the land occupied by a railroad for its tracks, yard, buildings, and related structures. Q. "Restaurant" means a building where food is sold to the public for on -premises consumption or to go. It may include alcoholic beverage service only pursuant to a Class "C," "D," or "H" state liquor license. R. "Restore," restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal o intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. S. "Retail establishment" means a commercial enterprise which provides goods or services directly to the consumer and whose goods are available for immediate purchase and removal from the premises by the purchaser or whose services are traditionally not permitted within an office use. 24.90.050 Definitions: S to T A. "Shore setback" means the minimum distance between a structure or use and the shoreline ordinary high water mark. B. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. C. "Shoreline conditional use" means a use or development which is specifically listed by this master program as a conditional use within a particular shoreline environment or a use which is not addressed by this master program within any shoreline environment. D. "Shoreline Management Act (SMA)" means Chapter 90.58 RCW as now or hereafter amended. City Council DRAFT City of Edmonds SNIP Page 157 of 160 Packet Pg. 369 8.1.b E. "Shoreline master program (SMP)" means the ordinance of the City of Edmonds adopted under authority of Chapter 90.58 RCW. F. "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals. G. "Shoreline variance" means a procedure to grant relief from the specific bulk, dimensional or performance standards set forth in this master program, and not a means to allow a use not otherwise permitted within a shoreline environment. H. "Silt or sediment" means the soil particles mobilized and deposited by the processes of erosion and deposition. I. "Street" means the public or private right-of-way or access easement which provides vehicular access to more than three lots. J. "Structure" means anything which is built or constructed; an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. Not included are fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character less than three feet in height. K. "Structural alterations" means any change in a supporting member of a building or structure. L. "Subject property" means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provisions of this code. For the purposes of this chapter, land leased from the Department of Natural Resources, which is contiguous to the applicant's property, shall also be considered the "subject property." 24.90.060 Definitions: U to Z A. "Use, development and/or activity" means "development" as that term is defined in Chapter 90.58 RCW. "Use" also means the nature of the activities taking place on private property or within structures thereon. B. "Vehicle holding area" means any area designated by the city or state for holding vehicles prior to loading onto a ferry. C. "Water -dependent use" means a use or a portion of a use which is dependent on the water by reason of the intrinsic nature of its operations and can not exist in any other location. Examples of water -dependent uses may include ferry and passenger terminals, marinas and sewer outfalls. City Council DRAFT City of Edmonds SMP Page 158 of 160 Packet Pg. 370 8.1.b D. "Water -enjoyment use" means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water -enjoyment uses may include, but are not limited to, parks, piers, scuba diving facilities and other improvements facilitating public access to shorelines of the state; and general water -enjoyment uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed -use commercial; provided, that such uses conform to the above water -enjoyment specifications and the provisions of the master program. E. "Water -oriented use" refers to any combination of water -dependent, water -related, and/or water -enjoyment uses and serves as an all -encompassing definition for priority under the SMA. "Non -water -oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini -storage facilities, multifamily residential development, department stores and gas stations. F. "Water -related use" means a use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water -dependent commercial activities and that the proximity of the use to its customers makes its services less expensive and/or more convenient. G. "Waterward" means toward the body of water on the waterside of the ordinary high water mark. H. "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. City Council DRAFT City of Edmonds SMP Page 159 of 160 Packet Pg. 371 Part X Appendices 24.100.000 Appendix A - Maps of Shoreline Environments and Jurisdictions 24.100.010 Appendix B — Shoreline Master Program Version of Edmonds Critical Area Regulations City Council DRAFT City of Edmonds SMP Page 160 of 160 Packet Pg. 372 8.1.c Date: September 23, 2016 To: Edmonds City Council Copy: Mayor Earling Shane Hope, Development Services Director Kernen Lien, Senior Planner From: Jeff Taraday Re: Evaluation of Scientific and Regulatory Considerations Related to Ecology's Required Changes 7 and 8 I. Purpose of this memo We were asked to prepare an evaluation of scientific and regulatory considerations that would assist the city council in preparing an alternative to Ecology's Required Changes 7 and 8, which relate to setbacks and buffers for the Urban Mixed Use IV (UMU4) environment. In Required Change 7, Ecology asks the city to change the setback from 100 feet to 65 feet. In both cases, the setback would contain a 50-foot vegetative buffer. Required Change 8 relates to the amount of development that would trigger the requirement to establish the 50-foot vegetative buffer, which does not currently exist. Ecology asks the city to change the trigger from "new development" to "redevelopment of greater than 50% of the Harbor Square property within the shoreline jurisdiction." With respect to the scientific portion of this assignment, our goal is to identify scientific authority in the record that could support one alternative or another. Where scientific authority for a particular alternative appears to be lacking, our goal is to note that. N1100 Dexter Ave N Suite 100 Seattle WA 98109 P 206.273.7440 F 206.273.7401 www.lighthouselawgroup.com Packet Pg. 373 8.1.c Legal standards to guide your decision -making The Department of Ecology has adopted guidelines for Shoreline Master Programs. These guidelines are found in chapter 173-26 WAC, Part III (WAC 173-26-171 through WAC 173-26-251). Any alternative that you propose for the UMU4 setback and buffer, and the trigger to establish such buffer, should be consistent with these guidelines. Here are a several excerpts from the guidelines that should be helpful: A. WAC 173-26-186(8)(b): Local master programs shall include policies and regulations designed to achieve no net loss of [shoreline] ecological functions. B. WAC 173-26-186(8)(c): For counties and cities containing any shorelines with impaired ecological functions, master programs shall include goals and policies that provide for restoration of such impaired ecological functions. C. WAC 173-26-186(9): To the extent consistent with the policy and use preference of RCW 90.58.020, this chapter (chapter 173-26 WAC), and these principles, local governments have reasonable discretion to balance the various policy goals of this chapter, in light of other relevant local, state, and federal regulatory and nonregulatory programs, and to modify master programs to reflect changing circumstances. D. WAC 173-26-201(2)(a): To satisfy the requirements for the use of scientific and technical information in RCW 90.58.100(1), local governments shall incorporate the following two steps into their master program development and amendment process. 1. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern.... Packet Pg. 374 8.1.c 2. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available.... WAC 173-26-201(2)(d):... local governments shall ... apply the following preferences and priorities in the order listed below ... 1. Reserve appropriate areas for protecting and restoring ecological functions to control pollution and prevent damage to the natural environment and public health.... Local governments should ensure that these areas are reserved consistent with constitutional limits. [Note: this is the highest ranking item in a list of five] F. WAC 173-26-221(2)(b)(i): When addressing critical areas, shoreline master programs shall adhere to the standards established in the following sections, unless it is demonstrated through scientific and technical information as provided in RCW 90.58.100(1) and as described in WAC 173-26-201 (2)(a) that an alternative approach provides better resource protection. Packet Pg. 375 8.1.c G. WAC 173-26-221(2)(b)(iv): The planning objectives of shoreline management provisions for critical areas shall be the protection of existing ecological functions and ecosystem -wide processes and restoration of degraded ecological functions and ecosystem -wide processes. H. WAC 173-26-221(2)(c)(i)(A): Local governments should consult the department's technical guidance documents on wetlands. WAC 173-26-221(2)(c)(i)(D): Master programs shall contain requirements for buffer zones around wetlands. Buffer requirements shall be adequate to ensure that wetland functions are protected and maintained in the long term. Requirements for buffer zone widths and management shall take into account the ecological functions of the wetland, the characteristics and setting of the buffer, the potential impacts associated with the adjacent land use, and other relevant factors. J. WAC 173-26-221(2)(c)(iii)(A): Critical saltwater habitats require a higher level of protection due to the important ecological functions they provide. Ecological functions of marine shorelands can affect the viability of critical saltwater habitats. Therefore, effective protection and restoration of critical saltwater habitats should integrate management of shorelands as well as submerged areas. K. WAC 173-26-221(2)(c)(iii)(B): The management planning should address the following, where applicable:... Protecting existing and restoring degraded riparian and estuarine ecosystems, especially salt marsh habitats; Establishing adequate buffer zones around these areas to separate incompatible uses from the habitat areas; Packet Pg. 376 8.1.c L. WAC 173-27-080 Nonconforming use and development standards. When nonconforming use and development standards do not exist in the applicable master program,' the following definitions and standards shall apply: 1. 'Nonconforming use or development' means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. 2. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.... III. Scientific and technical information As set forth above, WAC 173-26-201(2)(a) requires the city to identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern. In this case, the issue of concern is the appropriate buffer width to require for a Category II estuarine wetland. We have identified the following sources of scientific and technical information. A. Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology This document distinguishes Category II estuarine wetlands from Category II interdunal wetlands and other Category II wetlands, where buffer width is based on habitat score. Unlike the other kinds, the buffer for Category II 1 Note: the city's SMP does contain provisions for nonconforming use. The WAC is cited here to demonstrate what regulation Ecology would impose as a default if the city did not have its own nonconforming use regulation. Packet Pg. 377 8.1.c estuarine wetlands does not depend on habitat score. Assuming that certain impact minimization measures are required, the buffer would be 110 feet. The measures include things like ensuring that light, noise, and toxic runoff are directed away from the wetland. If these measures are not implemented, then the buffer would be 150 feet. B. Update on Wetland Buffers, The State of the Science, October 2013, Publication No. 13-06-11, Department of Ecology This document does not contain any specific guidance on estuarine wetlands. C. Wetlands & CAO Updates: Guidance for Small Western Washington Version, January 2010, (1st Revision July 2011), (2nd Revision October 2012), Publication No. 10-06-002, Department of Ecology This document recommended standard buffer widths of 75 feet for Category II wetlands, with the possibility of additional buffer width being added based on a habitat score. The buffer table in this document does not have a line for Category II estuarine wetlands. The 75-foot buffer figure is for all Category II wetlands, except for interdunal wetlands. The buffers in the city's adopted CAO were based on the guidance from this document. After the CAO was adopted, this document was replaced in June 2016 by the Wetland Guidance for CAO Updates, Western Washington Version. D. Wetlands in Washington State, Volume 1, A Synthesis of the Science, March 2005, Publication No. 05-06-006, Department of Ecology This document contains the following passage discussing the importance of estuarine wetlands: Estuaries, the areas where freshwater and salt water mix, are among the most highly productive and complex ecosystems. Here, tremendous quantities of sediments, nutrients, and organic matter are exchanged between terrestrial, freshwater, and marine communities. A large number of plants and animals benefit from estuarine wetlands. Fish, shellfish, birds, and plants are the most visible organisms that live in estuarine wetlands. However, a huge variety of other life forms also live in an estuarine wetland, including many kinds of diatoms, algae and invertebrates. Packet Pg. 378 8.1.c Estuaries, of which estuarine wetlands are a part, are a "priority habitat" as defined by the state Department of Fish and Wildlife. Estuaries have a high fish and wildlife density and species richness, important breeding habitat, important fish and wildlife seasonal ranges and movement corridors, limited availability, and high vulnerability to alteration of their habitat .... E. Wetlands in Washington State, Volume 2, Guidance for Protecting and Managing Wetlands, April 2005, Publication No. 05-06-008, Department of Ecology This document contains the following sections: A frequent concern about buffers is their applicability to urban and urbanizing areas. The concerns generally fall into two categories: 1) the science on buffers comes largely from agricultural and forestry settings and is perceived to be irrelevant to urban areas; and 2) the need to maximize density of development in urban areas is in direct conflict with the protection of large upland areas around wetlands (and streams). The concern over the relevancy of the literature on buffers to urban areas is largely unfounded. While most of the studies of buffer effectiveness occur in non -urban settings, the principles are the same. Buffers do not function any differently in urban settings than in rural settings. The same processes of sediment, nutrient, and toxics removal operate similarly in urban areas as they do in rural settings. However, a good stormwater management program can reduce the need for buffers to perform filtration functions, with the exception of lawns and landscaped areas which drain into wetlands rather than into stormwater collection areas. The role of buffers in providing needed upland habitat for wetland species and in screening adjacent noise and light is also performed similarly. In fact, a case can be made that buffers in urban areas are even more important from a habitat standpoint because there is little other upland habitat available. The factors that may be different in urban areas are that urban wetlands may perform some functions at a lower level because of degradation, and the range of wildlife species utilizing urban wetlands may be smaller. However, remaining wetlands (and adjacent upland areas) in urban areas may, in fact, Packet Pg. 379 8.1.c function as habitat islands and be critical to many species. Generally, the protection of wildlife habitat functions of wetlands requires larger buffers than protection of water quality functions, particularly when state-of-the-art stormwater management is employed. However, the best way to address the issue of buffers in urban areas is to conduct a landscape analysis and develop a subarea plan that identifies, prioritizes, and protects the most important wetland, riparian, and upland habitats (see Chapters 5 through 7 of this volume for additional discussion). Maintaining and restoring connections between wetland, riparian, and upland habitats is key to protecting wildlife. A landscape analysis can help identify existing connections that should be protected as well as areas where connectivity can be restored. Combined with standards for low impact development and state-of-the-art stormwater management, this kind of approach could result in smaller buffers around the other critical areas that are not providing vital habitat. The studies should always be confirmed on the ground during project review. The issue of balancing wetland protection with competing mandates in the GMA is a legitimate one that can be addressed in a number of ways. A buildable lands survey with a good wetlands inventory can provide important information on the actual conflicts that may exist (rather than a perceived conflict). Provisions to allow density trading from buffers to adjacent or nearby developable lands can help. Chapter 8, Section 8.3.8.8. Where a legally established, non -conforming use of the buffer exists (e.g., a road or structure that lies within the width of buffer recommended for that wetland), proposed actions in the buffer may be permitted as long as they do not increase the degree of non- conformity. This means no increase in the impacts to the wetland from activities in the buffer. For example, if a land use with high impacts (e.g., building an urban road) is being proposed next to a Category II wetland with a moderate level of function for habitat, a 150-foot buffer would be needed to protect functions (see Table 8C-6). If, however, an existing urban road is already present and only 50 feet from the edge of the Category II Packet Pg. 380 8.1.c wetland, the additional 100 feet of buffer may not be needed if the road is being widened. A vegetated buffer on the other side of the road would not help buffer the existing impacts to the wetland from the road. If the existing road is resurfaced or widened (e.g., to add a sidewalk) along the upland edge, without any further roadside development that would increase the degree of non -conformity, the additional buffer is not necessary. The associated increase in impervious surface from widening a road, however, may necessitate mitigation for impacts from stormwater. If, however, the proposal is to build a new development (e.g., shopping center) along the upland side of the road, the impacts to the wetland and its functions may increase. This would increase the degree of non- conformity. The project proponent would need to provide the additional 100 feet of buffer extending beyond the road or apply buffer averaging (see Section 8C.2.6). Appendix 8-C, Section 8C.2.4.2. F. SMP Handbook, Chapter 11, Vegetation Conservation, Buffers, and Setbacks, Publication Number 11-06-010, Department of Ecology The following excerpts from this document should also be helpful: Some local governments with intensely developed shorelines have established only setbacks from the OHWM. Vegetation conservation is required, and planting new vegetation, replacing noxious weeds and invasive plants with native plants, and other habitat improvements are required for new or expanded development. These measures meet the requirements of the SMP Guidelines to protect ecological functions, as buffers do. SMP Handbook, 11-11, p. 3-4. New scientific studies conducted after the CAO was adopted may establish the need for different -sized buffers than included in the CAO. The SMP Guidelines require "the most current, accurate and complete scientific and technical information available" to be used for development of SMPs [WAC 173-26-201(2)(a)]. SMP Handbook, 11-11, p. 4. Packet Pg. 381 8.1.c When SMPs were first adopted in the 1970s, setbacks were established largely to protect structures from erosion and effects of wind and water and to prevent new houses from blocking views. Some consideration was given to habitat, as in Conservancy environments with bigger setbacks than in Urban environments. We now know more about the value of buffers in regard to ecological functions. Recent scientific studies show that 25-foot setbacks do not protect most ecological functions and will not meet the no net loss standard of the SMP Guidelines. SMP Handbook, 11-11, p. 7. How do you apply these buffer widths from the scientific literature to your local shorelines? Much of Washington's shorelines are developed, unlike the undeveloped shorelines discussed in much of the scientific literature. Those land uses include industry, commercial uses, houses, multi- family dwellings, parks, trails, marinas, bulkheads, parking lots, and fishing piers, among others. Some upland areas are intensely developed, and others are more sparsely developed. Some of our waters are heavily used for ports, industry, marinas and recreational piers. Many Washington lakes are intensely developed with houses on the upland and piers and docks in the water, while others remain undeveloped. Tailor buffers to local conditions Determining buffers and setbacks is a challenge. The buffers and setbacks for marine and freshwater shorelines should be tailored to local conditions including existing shoreline functions and existing and planned land use and public access. Buffers and setbacks likely will vary within a local government's boundaries to reflect different shoreline conditions and functions. The inventory and characterization report should provide a complete analysis of shoreline functions. SMP Handbook, 11-11, p. 19. With this general guidance in mind, considerations for determining buffer and setback width include: Packet Pg. 382 8.1.c • What shoreline ecological functions continue to exist and need protection or restoration? • What species of wildlife live along the shoreline, and what buffer width will protect them? • Would smaller buffers increase nitrogen and phosphorous levels in local waters? • How would removal of riparian vegetation affect slope stability and hydrology? • Will future growth include new or expanded water -oriented uses? • For developed shorelines, is redevelopment likely? • Is development projected on vacant parcels? SMP Handbook, 11-11, p. 20. G. SMP Handbook, Chapter 14, Legally Existing Uses and Development, Publication No. 11-06-010, Department of Ecology The following excerpts from this chapter should be helpful: Existing legally established structures and uses are typically allowed to continue with the approval of updated SMPs. That means they can continue to exist, be used, maintained and repaired. That's the case even if the updated SMPs include regulations that would not allow new uses or development to be configured or built exactly as existing ones. For example, under updated SMPs, new buildings may need to be further away from the water, new development projects may need to retain some vegetation onsite, or new aquaculture projects may need to be a specific distance from aquatic vegetation. However, existing legal development and uses can remain in place. Ecology and local governments do not expect most existing development and uses to be eliminated from the shoreline after new SMP regulations are adopted. In some cases, existing buildings may be expanded, although there may be limits to the size of the addition, the total square footage, or new impervious surfaces.... SMP Handbook, Chapter 14, pp. 1-2. Cities with densely developed shorelines may have fewer opportunities for achieving no net loss than cities or counties with Packet Pg. 383 8.1.c less developed shorelines. With a densely developed shoreline, large buffers or setbacks may not be appropriate or feasible for various reasons -- small lots cannot accommodate them; large buffers would include many structures and impervious surfaces that interfere with buffer functions; regulations regarding structures within buffers could be complicated. SMP Handbook, Chapter 14, p. 3. Traditionally, uses and structures that are not consistent with the new regulations have been categorized as "nonconforming" development. Nonconforming uses and development were lawfully constructed or established, but do not conform to current land use regulations or standards. The regulation of nonconforming uses and development is an established concept, beginning early in the 20th century, when municipalities started enacting zoning regulations. SMP Handbook, Chapter 14, p. 4. WAC 173-27-080 applies at the local level only if the local SMP does not address nonconforming development. SMP Handbook, Chapter 14, p. 4. Some local governments are using different approaches as they update their SMPs. They would allow existing structures, particularly single family residences, to continue as conforming structures even though new shoreline setbacks, buffers, and other regulations in their Shoreline Master Programs would typically create nonconforming structures. SMP Handbook, Chapter 14, p. S. IV. Effect of city's marsh restoration efforts As discussed above, Ecology is requiring a change to the 100/50 setback/buffer for the UMU4 environment. The dimensions of this setback/buffer were heavily influenced by the city's desire to restore the Edmonds marsh and daylight Willow Creek and obtain funding for such restoration. While it is true that Appendix L alone may not support a 100- foot setback for the UMU4 shoreline environment, the weight placed on Appendix L by the city council demonstrates its commitment to restoration of the Edmonds marsh. It is relevant to determining buffers for the UMU4 Packet Pg. 384 8.1.c that the city has a significant goal of restoring the Edmonds marsh and has been actively pursuing that goal through grant applications and studies. These restoration goals are consistent with the SMP guidelines and should definitely be taken into account when evaluating the local conditions to which the buffers and setbacks for the UMU4 environment should be tailored. The SMP guidelines certainly do not mandate an SMP that concedes that existing conditions cannot be improved. It should be noted for the record that the city council on August 2, 2016 adopted Resolution 1366, which authorized the submission of another grant application to RCO related to the daylighting of Willow Creek. The December 18, 2015 final feasibility study for the daylighting of Willow Creek was the result of a successful grant application from 2013. The city council appears to hold unanimously the goal of restoring the ecological functions and values of the Edmonds marsh. To the extent that there are differing opinions on the city council, they appear to concern the extent to which the Edmonds marsh can or should be restored, and/or the best strategies for accomplishing such restoration. V. Analysis of alternatives to Required Change 7 It will simplify the discussion of alternative buffer widths, if the setback from the edge of the buffer (not from the edge of the wetland) remains consistent across the various alternatives. We agree with Ecology that the SMP should strive for consistency with the CAO in this area. Because the city's CAO currently requires any structure to be setback from the edge of a buffer by 15 feet, the options discussed below will all assume that structures cannot be placed any closer than 15 feet from the edge of a buffer. We acknowledge that the CAO is likely to be amended soon in light of the June 2016 wetland guidance, but we do not believe that new guidance has any implications for the 15-foot setback. A. Option 1: 110-foot buffer / 125-foot setback The most recent science (Wetland Guidance for CAO Updates, June 2016), clearly indicates that a Category II, estuarine wetland should have a 110-foot Packet Pg. 385 8.1.c buffer. Adoption of a 110-foot buffer is appropriate and defensible in light of this recent guidance. It should be noted, however, that adoption of a 110-foot buffer requirement for future development in the UMU4 environment, does not do anything to change conditions on the ground. Adoption of a 110-foot buffer would make the existing development at Harbor Square a legal nonconforming use that the port would be entitled to repair and maintain indefinitely. So, consideration should be given to a strategy for realizing the 110-foot buffer. Redevelopment of Harbor Square certainly would provide an opportunity to make the adopted buffer a reality. But it is possible that such a wide buffer would disincentive redevelopment of Harbor Square unless some other action was taken to incentivize redevelopment. Such incentives could take many forms including, but not limited to, density or height bonuses or the ability to establish new uses like housing. Because Harbor Square does not appear likely to redevelop in the near future regardless of what buffer width is established, one strategy would be to adopt the 100-foot buffer for the purposes of this SMP update and continue to evaluate and develop a strategy for making that buffer a reality. If the city determines that it cannot be made a reality, it would be able to amend this regulation at a later date. Another possible strategy would be to purchase some or all of the buffer area from the port and have the city take responsibility for restoring a vegetative buffer, perhaps through additional grant funding. We do not have an opinion regarding the feasibility of such a strategy at this time. B. Option 2: 75-foot buffer / 90-foot setback This option would be consistent with the city's adopted CAO. While it is not based upon the most current or applicable wetland guidance, the basis for this buffer width (Wetlands & CAO Updates: Guidance for Small Cities), was in effect when the proposed SNIP was initially adopted in 2014 and when the CAO was adopted earlier in 2016. It should be noted that the 75-foot buffer from this document was a baseline that could be increased to a wider buffer depending on the habitat score of a particular wetland. To our knowledge, the city does not have a habitat score for the Edmonds marsh. This option would also make the existing development at Harbor Square a legal nonconforming use that the port would be entitled to repair and maintain indefinitely. So, consideration should be given here as well to a Packet Pg. 386 8.1.c strategy for realizing the 75-foot buffer. The same analysis of incentives and disincentives would apply here, except that, because the 75-foot buffer preserve more land for redevelopment, it seems plausible that offsetting incentives would not need to be as significant as they might need to be to trigger redevelopment under Option 1. C. Option 3: 50-foot buffer / 65-foot setback, but only after confirming through site specific scientific study that a 50-foot buffer is appropriate for the UMU4 Ecology's rationale for Required Change 7 appears to make some combination of the assumptions below, not all of which are expressly stated, about the Edmonds marsh and the redevelopment of Harbor Square. • Assumption #1: the only feasible way to improve the condition of the marsh is through the redevelopment of Harbor Square. • Assumption #2: redevelopment of Harbor Square will not occur with a buffer any wider than 50 feet, regardless of what other development incentive might be available. • Assumption #3: the ongoing discharge of inadequately treated stormwater into the Edmonds marsh can only be corrected through redevelopment of Harbor Square and not as a stand-alone publicly funded project. • Assumption #4: the habitat functions and values of the Edmonds marsh can be maintained with a buffer of 50-feet, even when more intense redevelopment occurs. The city council might be willing to adopt a 50-foot buffer upon a satisfactory test of these assumptions. The 50-foot buffer does represent a significant departure from the 110-foot buffer that is recommended by the most recent science. Such a departure may be defensible upon further study that results in a set of scientifically and/or economically supported findings. But, without further study, it may be hard to justify this departure. In particular, we are not aware of any detailed findings as to whether a 50-foot buffer would be sufficient to ensure no net loss of the habitat functions and values of the Edmonds marsh. It is possible that a study would result in such a conclusion, but that work has not been performed yet to our knowledge. So, this option would involve asking Ecology for more time to test these assumptions. Packet Pg. 387 8.1.c D. Option 4: 50-foot buffer / 65-foot setback without awaiting any further study This option would be tantamount to agreeing with Ecology's Required Change 7 and the rationale for it. VI. Analysis of alternatives to Required Change 8 According to the city's comprehensive plan, Harbor Square is intended to be redeveloped as part of a master plan. If the city council selects one of the buffer options that makes the existing improvements legal nonconforming, the cleanest alternative to Required Change 8 would be to allow maintenance and repair indefinitely, without triggering the planting of a buffer, and to have the buffer planted in conjunction with a master planned redevelopment. Required Change 8 will likely require additional discussion after the city council has landed on an alternative to Required Change 7. Packet Pg. 388 8.2 City Council Agenda Item Meeting Date: 09/27/2016 Civic Master Plan Update (45 min.) Staff Lead: Civic Master Plan Update Department: Parks, Recreation & Cultural Services Prepared By: Carrie Hite Background/History Civic Center Field was recently acquired by the City from the Edmonds School District. The property officially closed on February 9, 2016. The PROS plan and Parks CIP have both identified the City's goals of master planning this property once acquired. The kick off meeting to launch the master planning process with the City Council was held on May 3rd, 2016. Since that time, there have been two open houses, two virtual open houses, many stakeholder interviews, Planning Board and City Council input. Staff Recommendation Provide input and guidance. Narrative The City and design team have conducted two in person open houses and two online open houses. Stakeholder outreach has continued for the duration of the project with recent engagement including teen groups, parks maintenance staff and planning. Two design options were presented at open house two which incorporate community feedback to date. Over the next three months, the design team will be working with the community to refine the two alternatives to one preferred hybrid plan. We will be hosting one more online and one in -person public open house as well as continued briefings to City Council, the Planning Board, Edmonds Parks and Recreation and a 21 member Project Advisory Committee. The two master plan alternatives are as follows: Plan Option 1 - Meadow Loop Option 1 introduces more passive landscape features into the park perimeter, including meadows, berms and stormwater gardens that frame a central multi -use lawn. This option features a jogging trail with exercise stations and multiple walking paths as well as a large, central play area. The lawn is large enough to accommodate the same level of soccer usage that occurs now. A wide promenade -style sidewalk along 6th Avenue allows for strolling or markets. It includes a plaza and shade pavilion, and could accommodate food concessions, movable tables and chairs, and a small water feature. The project also includes a small amount of other recreational program - multi -use courts and petanque. Plan Option 2 - Activity Central Option 2 maximizes recreational activities and facilitates spectatorship. It includes a 200-meter track, multi -use lawn for soccer and other sports, and viewing terraces that overlook the playfields. Option 2 Packet Pg. 389 8.2 also includes petanque garden groves, a skate park, and four multi -use courts around an expanded Field House that could potentially house the Boys and Girls Club or a cafe and a restroom. The north portion of the park is more landscaped in character, and includes a picnic or performance pavilion and multi - generational play and exercise areas. A main path runs through the park at Sprague street, and offers a clear connection from the residential neighborhood to the 4th Avenue Arts Corridor. This path offers the potential for bringing markets and other events into the park. Planning member Val Stewart is represented on the Project Advisory Committee for the planning process. City Council member Dave Tietzel and Council President Kristiana Johnson are both on the Project Advisory Committee. Attached for your reference are the following: 1. Two alternative concepts 2. Presentation for this meeting 3. Master Plan schedule, dates, with one change 4. PAC team agenda and minutes 5. Draft minutes from the Planning Board meeting from September 14, 2016 In addition, the next steps in this process include: October 19, 2016: Open house, and Virtual open house begin ( Note: change of date) October 25th, 2016: Project Advisory Committee meeting ( Note: change of date) November 9th: Planning Board November 22nd: City Council Attachments: 160927 CC MtgPresentation_reduced size(1) Civic Designs: side by side 9.1 PAC minutes 9.1 PAC agenda Civic Master Plan Proposed Dates Revised Draft Planning Board minutes 9.14.16 Packet Pg. 390 8.2.a Open House #1 Responses Themes / Priorities .9 i"iik, Active: 74 Passive: 62 Civic: 23 w a Edmonds Civic Center Playfield Master Plan Packet Pg. 392 8.2.a Open House #1 Responses A ctiv ity/F e a to re V o to s a. r e s t r o o m s 77 U .2: U p e to n q u e 7 6 r LO jo g g in g/ w a Ik in g p a th s 7 1 s o c c e r 6 7 m N .y sh a d e t r e e s 5 6 m s k a t e p a r k 5 0 `I c 0 playground 50 Z. c a� to n n is 4 9 N L IL 21 Boys & G it Is C lu b 4 8 2 v U m u Iti-u se la w n 4 2 r- N CD O form al track 4 0 w r c s m all p e r f o r m a n c e s p a c e 3 9 E t g a rd e n s 3 5 a e tc. Edmonds Civic Center Playfield Master Plan WAl Packet Pg. 393 8.2.a Open House Responses =Kl sescfved! whir pm4e dr.Qetiue �tl'k,�rnfl palhwaysl luh new playFieids- m._. ram9ih If dashed -Tempraary leutgwo use can be sccommomed The twn acres Ihal inculde the F60d Fk7uslr }pr tpnrq �fprt7 the doed IE5rri�tlpn5. . . . lnriTx�nt thr Ite or-rnary �:'1•• INr1 i CL CU LO :H r N r C 0 E t rJ Q Packet Pg. 394 8.2.a Additional Community Engagement • Student Conservation Association • Stakeholder Interviews • Parks Maintenance • My Edmonds News L d CU U LO Edmonds Civic Center Playfield Master Plan Packet Pg. 395 8.2.a Available Facilities (Parks + Schools) TOTAL FACILITIES (# At Civic Center Playfield) Soccer Fields (Adult + Youth): .... 10 (2) Tennis Courts: .................................. 7 (2) Petanque:....................................... 4 (4) Basketball Courts: ........................ 10 (2) Baseball/Softball Fields (Adult + Youth): ..................... 11 (1) Skate Park: .................................... 2 (1) Pickleball:...................................... 10 (2) Edmonds Area Parks Edmonds Civic Center Playfield Master Plan WAII Packet Pg. 396 N Z Z -v " Z c Q O O c k 0 (D S H < n N y �� (D -0 cn (a (D C NN c A n (D ~' - s <n Q (D Q Q (Q to C CD H, < (D S (D� Q Oo c N (D O O N Q D CA (DH . Q (D Q CDQ — (D p -1 Q (D Q Q N n Q N c C Q Q o � � rn Q � � o 0 0 (n m n O z CA P D n m m T N m m N O D n � � A (1 m ti m 0 m RT o k z m N 3 ti 6 T H A I E N Isis 11MIN mini 11,M1111111111111 loin loin \\Mimi 101-9 li k = 4i1 .. I I Apr 00 D O A m m n N m • I m a 3 0 a n 0' n CD CD CD' a c.D V n M FOJ 1 'CO-40 � Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan 8.2.a Open House #1 Responses Themes / Priorities .9 i"iik, Active: 74 Passive: 62 Civic: 23 w a Edmonds Civic Center Playfield Master Plan Packet Pg. 399 Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan jp-cudn canine ISIIITITM El•I•]• w a Ik in g jo g g in g p a th s _ - } S b e r m s j i i6 e x i s t i n g o b sto cle jee c o u rse o r m uIti-use law nip layfield stati m e a d o w s UP & ;. ,i g a r d e n s y� storm water gardens ` y 8.2.a Design Option 1 - Meadow Loop A c t iv it y Z o n e s Edmonds Civic Center Playfield Master Plan WAI Packet Pg. 402 0 0 Vid NMI— r O O Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan 8.2.a Design Option 1 - Meadow Loop C o m m u n ity H u b s F ie Id H o u se (B o y s & G i r Is C Iu b o r c a f e) sh a d e p a v ilio n & re s t r o o m a Edmonds Civic Center Playfield Master Plan WA Packet Pg. 404 ueld aa}seW OIAIO : 4ti54) (4)azis peon paa-uoi;e;uasaad6IW 00 LZ6094 :;uawtj3L' v !a o N � 00 Ch a m u m a cn w 0 'cx V r) Q N w ►; �a N 00 CL O O ► I ueld aa}seW OIAIO : 4ti54) (4)azis peon paa—uoi;e;uasaad6IW 00 LZ6094 :;uauay3L'IIV w V) Z) i w J m X w J LL IMS w Q Z Cw 0 CL co 0 Ch a m u m a 8.2.a Meadow F oop Precedents CREATIVE, INTEGRATED PLAY Edmonds Civic Center Playfield Master Plan Packet Pg. 407 mnw K-nnn Prpcpr f 8.2.a Meadow Loop Precedents MULTI -USE LAWN L d Cu G ci U Q Edmonds Civic Center Playfield Master Plan Packet Pg. 409 8.2.a Meadow Loop Precedents PASSIVE LANDSCAPE GARDENS U r LO r Edmonds Civic Center Playfield Master Plan WA' Packet Pg. 410 A r., M li'mim MONTE M NICE IFEam do 0 0 M 0 91 (A m r r M X M 0 Z m M r m ,MiL&K m a 3 0 a n 0' n CD cu sv m' Q z w h v y N 3 �' Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan rt 46 W Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan N PO N G1 8.2.a Design Option 2 - Activity Central S it e P la n 5 Edmonds Civic Center Playfield Master Plan WA' IPacket Pg. 414 8.2.a Design Option 2 - Activity Central A c t iv it y Z o n e s Edmonds Civic Center Playfield Master Plan WA Packet Pg. 415 8.2.a Design Option 2 - Activity Central C o n n e c t io n s Edmonds Civic Center Playfield Master Plan WA Packet Pg. 416 8.2.a Design Option 2 - Activity Central C o m m u n ity H u b s e x p a n d e d F i e Id H o u s e f o r B o y s & G i r Is C Iub, a n d / o r cafe, re stro o m ) p icn is to r r a ce a Edmonds Civic Center Playfield Master Plan WA Packet Pg. 417 8.2.a Activity Central precedents SHADE PAVILION AND PICNIC AREA Edmonds Civic Center Playfield Master Plan WAl Packet Pg. 418 8.2.a Activity Central Precedent LANDSCAPE INTEGRATED PLAY Edmonds Civic Center Playfield Master Plan Packet Pg. 419 8.2.a Activity Central Precedents LAWN TERRACES FOR SPECTATING AND VIEWS Edmonds Civic Center Playfield Master Plan WA I Packet Pg. 420 8.2.a Activity Central Precedents ALL -AGES RECREATION Edmonds Civic Center Playfield Master Plan WA I Packet Pg. 421 ictivity cpnlrra i Prpcpr lF Sh' +wI' �• -�'„+.• ,•may .•�. < ir��.___.....5 '��.,,t��... �� f �`�;:.* 4 A.,. }: *+ v x sad w � fti , 8.2.a Activity Central Precedents GAME COURTS WITHIN GARDEN GROVES Edmonds Civic Center Playfield Master Plan Packet Pg. 423 8.2.a Activity Central Event Overlay S it e P la n Edmonds Civic Center Playfield Master Plan Packet Pg. 424 8.2.a Plan Option 1 - Meadow Loop INNr__ , I r _- y • 2 smaller or 1 large soccer field • 4 petanque courts • 1.5 courts • playgrounds • walking jogging paths • multi -use lawn • existing Field House / B&G Club • shade pavilion and restroom Plan Option 2 - Activity Central a A �.1 r d zEl Q. a� T) 3}10 'n c� o AM 1 - a • 1 large + 1 small soccer field 2 • 8 petanque courts • 4 courts • walking jogging paths • 200m track • multi -use lawn • skate park • expanded Field Hous( • sand volleyball for B&G Club / Cafe • parking restroom w a • playgrounds picnic pavilion Edmonds Civic Center Playfield Master Plan Packet Pg. 425 8.2.a project Schedule Open House #3 (Preferred Master Plan), October Online Open House #3, October 19 - November 4 http://edmondscivicfield.participate-online/ Planning Board, November 9 City Council, November 22 Final Plan, January 17 �i T le Ln 2 U U E w a Edmonds Civic Center Playfield Master Plan WAI Packet Pg. 426 8.2.a Small Group Discussion & Report Back —160 attendees 16 Discussion Tables Preferred Plan (by majority at table): Option 1 preferred: 8 Option 2 preferred: 4 Split: 2 Unclear: 2 Individual Comment Cards: Option 1 preferred: 5 Option 2 preferred: 3 Undecided / Unclear: 3 Edmonds Civic Center Playfield Master Plan Packet Pg. 427 8.2.a In Person Open House Most Consistent Comments • Like the lawn terraces • Skatepark should remain in the park • Option 1 curves are nice but want more active program like in Option 2 Edmonds Civic Center Playfield Master Plan 8.2.a Online Open House Results A u g u st 2 4 th to S e p to tu b e r 7 th 1 ,0 5 7 v is i t o r s 3 7 9 re sp o n se s 0 8 8 Prefer O p do n 1 (2 3 .9 %) 0 280 Prefer Option 2 (76.1% ) A g e Over 7 0: 3 8 (1 7 .7 % ) 45-6981 (37.7% ) 30-44 80 (37.2% ) 1 8 -2 9 7 (3 .3 % ) U n d e r 1 8: 5 (2 .3 %) l= to a. d C� G .> CITY OF EDMONDS Civic Field Project to m N .y Welcome C Welrvmelo ihes ndontlne open houw For she Comonds CYylc Centel 3 _ PlayficW Mastor Plan. Here you can learn about the poiact and provldb your Inputonthefuwre oithe park.lnrespon-se [o lnpu[Irom d,e community,Iwa altorna[ive plans have boon prod used to Vi"erato more feedback and discussion- The Anal pl an will likely he a hybrid of Iheahernarlye plans and G will be presented at The Clnutlor 17th open hpuie. }a This nnllne open house is avallable through Fclday. Wtorriber 9, 2015 C N How to use this online open house: Ylslc Nletahbed's[aclarrs" mlearn abuul [he park, the two proposeddeslgn t.:' L d Oral— and provide leed,ack. Keep an eye our for survey quest lonsand submlt your answen. Please Share this site with others who may be Interested In Ihis project. Please Join in In -per• n at one of car upwining open houses a[ the Edmond . U 1. What is your relationship to the pafk? {Cheek all that Plata Room, e5n Main Srree[, F.dmond%. from B t:70Lpm on thefoflowing daie= � apply) • it[br5day,June2J.JVJ5 A[NelllaslCorn0Qtodi � . I l he rear the park • Wednesday.Fugust24,2d15 Halter r+lan AltcrnaweslCompleN+d1 G IwnrknearlhePark • Wedne6d4y.october12.ni1 I'aofwredMaster PIanRcwlow CO r I Imp nndldr work near the park Changes or updates to public op" hutwofa[es volt tie pieced at: . . ' I do not Ilye andlor work in Edmonds mvw [lylcPark cdmoedawa m E t r Edmonds Civic Center Playfield Master Plan WA Packet Pg. 429 8.2.a Online Open House Results C o m m o n re a sons re sp o n d e n is p re fe r r e d o p do n 1 in c lu d e d: • Free - flow in structure, layout • W a I in g p a th s • W a to r fe a tore a n d p la z a • O pen green spaces and I a w n • Reduced num b e r of p e t a n q u e courts • N o t r a c k a. L d C� G C o m m on reasons respondents V�_ U p re fe r r e d o p do n 2 in c lu d e d r LO • V i e w t e r r a c e s m y L o n g w a Ik in g a n d r u n n in g p a th s m • F o c u s o n fi e Id s a n d a th le tic 0 f a c ilitie s +° c a� • E x p a n d e d b o y s a n d g iris c lu b N L a a� • S k a to p a r k V U • P o to n tia I fo r la rg a e v e n is N rn 0 • M o re s p aces for f a m ilie s a n d tO r c child re m E t • T r a ck a Edmonds Civic Center Playfield Master Plan WA I Packet Pg. 430 8.2.a Online Open House Results G V C o m m o n a le m e n is not shown th a t > U respondents w o u Id lik a to se a in c lu d e d LO • N A d d itio n a l re stro o m s N m B e n c h e s a n d/ o r se a tin g a re a s m L • L ig h tin g c 0 • A d d itio n a I c o v e re d a th le tic fa c ility N N L a n d m a r k e t s p a c e a a� S to g e U U r- • A D A a cce ssib ility rn 0 co • A 0 0 -m a to r tra c k r c m E t .r a Edmonds Civic Center Playfield Master Plan WAII Packet Pg. 431 8.2.a Combined Open House Results a. L d G V H ig h Level E stim ate o f D e sig n O p do n U Votes Corn bined: LO m N_ O p do n 1: 1 7 8 (3 5% ) N • m V In -p a r s o n — 9 0 (6 4 % ) m L O n lin a— 8 8 (2 4% ) c c a� N N O p do n 2: 3 3 0 (6 5% ) a a� In -p a r s o n— 5 0 (3 6% ) V U • r- O n lin e— 2 8 0 (7 7% ) rn 0 w T- .r a Edmonds Civic Center Playfield Master Plan WAII Packet Pg. 432 m a 3 0 a n 0' n CD CD CD' a z I U) � CL v _. y O y N O Fo, I rta Attachment: 160927 CC MtgPresentation_reduced size(1) (1541 : Civic Master Plan N co (a;epdn ueld aa;seW 31ni0 : 4tSL) apis Aq apis :su6isaa OIAIO :;uauayaejjV re; • L_J CL O O J ■ r r } u Q LU J \ U U WALKERIMACY MEETING MINUTES LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING Time: 10:00-11:30 Topic: Civic Center Playfield Planning Meeting Date: 9/1/2016 Location: Frances Anderson Center Project: Edmonds Civic Field Master Plan Project #: P3282 Attendees: Carrie Hite, City of Open House #2 Presentation Review given by Walker Macy Edmonds 1. Open House #1 Final Results & Additional Outreach Renee McRae, City of Edmonds 2. Updates on Boys & Girls Club, Restrictions and Grand Stand Rich Lindsay City 3. Design Options of =^nch 4. In -Person Open House Results Frances Chapin, 5. Online Open House Preliminary Results City of Edmonds Chris Jones, Discussion Walker Macy • Track takes up too much space Ann Marie Schneider, Walker . Would like walking/joggingpaths to be marked or measured Macy • Consider parkour stations Rob ChAve • Existing track use is Boys & Girls Club (2-3 events/yr where they invite kids from other Dave Teitzel areas) and Holy Rosary Field Day Valerie Stewart • Petanque would like tournament space Barbara Chase • There are no other programmatic requests that require/request dirt Deug Shelden • Residents do not like the dirt field as it causes dust problems Steve-Shelten • Youth representation is important • Consider use of spaces in 20+ years, i.e. if petanque becomes less popular in the long- mn term what will the space be used for? Not sure petanque use warrants over 1/51h of the `o` Me'Alw park area. Want to make sure the spaces are truly flexible. Alex GFg • The PAC felt like 6 petanque courts seem like a reasonable compromise Kyla Blair • Park is in a signature location and should be designed for everyone Pat Woodell • The park's flatness is unique and conducive to activity Bob Rinehart • Young families and youth are least represented in feedback due to schedule constraints John McGibbon • Goal should be to bring all ages together Diana White • What schools have track and field? Woodway is one. Emilyems+ • Would like petanque court borders to be designed such that the space can host other Dick Van Hollebeke uses Jennifer Lambert • Recent national survey shows that ages 35 and younger feel discriminated against • Creative play and convertible spaces are exciting trends to consider • Beach volleyball should be at the beach • Skate park is highly used by youth and young families and should be incorporated into the hybrid scheme. 105 5 MAIN STREET, SUITE 205 SEATTLE, WA 98104 I PHONE: 206.582.3874 WEB: WALKERMACY.COM Packet Pg. 435 8.2.c PAC Meeting #3 Edmonds Civic Center Playfield Master Plan 9/1/2016 Page 2 of 2 • Versatility and diversity of features are sought after • The cost of bringing in material for berms is a concern - the design team will be providing high level / order -of -magnitude estimates for both options • Pervious pavement should be considered • Groundwater table is very high • Any parking should be ADA access or van storage for B&G Club • B&G Club interested in--18,000 SF facility with full-size gym - which is what is shown in option 2 • Moving tennis courts could be expensive. Carrie mentioned they need to be renovated regardless. • Should be a load/unload zone in front of B&G Club • Ballard Commons has a good example of a skate park and water feature • Smart phones and other devices can now be used to measure runs in lieu of measured paths • Angled parking should be explored on 6t" Ave. Walker Macy added that this generally makes a pedestrian edge that is not pedestrian friendly. • Can there be parking in the alleys since they are public? Can they be widened or made one-way? • Residents feel they are too narrow (17') as is • Alternative transportation - bike, bus - should be encouraged • Design and construction considerations should be made for event vehicles/trucks, especially given the cost to redevelop the park. It is a goal that the Taste of Edmonds parking will be moved off -site. • Emergency access to site will be a requirement • Terraces could be wrapped around south edge; though this could be costly given the grade • Public art opportunities will be looked at once the design has advanced and hybridized Funding for art is limited so one approach is to integrate functional art into the design and construction of the park. • Safety is a concern on the alley edges (north/south) and buffering should be included (fence, berm, planting, etc). • The predominant pedestrian traffic coming through the park is east to west. • It was determined we would remove a formal track from the preferred scheme Packet Pg. 436 WALKERIMACY LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING Time: 10:00-11:30 Location: Frances Anderson Center "'Janie laic! � llays �Itzs, `val B^ L t; l;li.:i38 f'2, ,'rpu�icii '�i.ir•�ra �P;",its- iiv Topic: Civic Center Playfield Planning Project: Edmonds Civic Field Master Plan Open House #2 Presentation Review 1. Open House #1 Final Results & Additional Outreach 2. Updates on Boys & Girls Club, Restrictions and Grand Stand 3. Design Options 4. In -Person Open House Results 5. Online Open House Preliminary Results Discussion Next Steps Meeting Date: 9/1/2016 Project #: P3282 a 105 S MAIN STREET SUITE 205 I SEATTLE. WA 98104 I PHONE 206 582 3874 1 WEB WALKERMAC4 COM Packet Pg. 437 8.2.e Civic Master Plan Proposed Dates May 3rd: City Council Kick off meeting, 5:30 — 6:45 pm, Brackett room May 12t": Project Advisory Committee meeting, 10:00 —11:30 am, Frances Anderson Center, Room 302 May 17 and 23rd: Stakeholder meetings ( Chris and Carrie, FAC Room 113) June 23rd: Open House, 6-7:30 pm, Library Plaza Room July 7t": Project Advisory Committee meeting, 10:00-11:30 am, Frances Anderson Center, Room 302 July 27t": Planning Board meeting, 7:00 pm, Council Chambers August 9t": City Council meeting, 7:00 pm, Council Chambers August 24t": Open House, 6:00 — 7:30, Library Plaza Room September 1: Project Advisory Committee meeting, 10:00-11:30 am, Frances Anderson Center, Room 302 September 14t": Planning Board meeting, 7:00 PM, Council Chambers September 27t": City Council meeting, 7:00 PM, Council Chambers October 19th: Open House, 6:00 — 7:30, Library Plaza Room October 25th: Project Advisory Board meeting, 10:00-11:30 am., Frances Anderson Center, Room 302 November 91": Planning Board meeting, 7:00 PM, Council Chambers November 22nd: City Council meeting, 7:00 PM, Council Chambers January 17, 2017: City Council final adoption, 7:00 PM, Council Chambers Packet Pg. 438 8.2.f CITY OF EDMONDS PLANNING BOARD MINUTES September 14, 2016 Vice Chair Rubenkonig called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5 h Avenue North. BOARD MEMBERS PRESENT Carreen Rubenkonig, Vice Chair Alicia Crank Nathan Monroe Daniel Robles Valerie Stewart BOARD MEMBERS ABSENT Philip Lovell, Chair (excused) Matthew Cheung Todd Cloutier (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Carrie Hite, Parks, Recreation and Cultural Services Director Jerry Bevington, Video Recorder Karin Noyes, Recorder BOARD MEMBER ROBLES MOVED THAT THE MINUTES OF AUGUST 24, 2016 BE APPROVED AS CORRECTED. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS No one in the audience indicated a desire to comment during this portion of the meeting. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Vice Chair Rubenkonig referred the Board to the written report that was provided by the Development Services Director There was no discussion relative to the report. CIVIC FIELD MASTER PLAN UPDATE Ms. Hite reviewed the Civic Center Playfield Master Plan process to date, which started with a kick off meeting before the City Council in May. Since that time there have been two public open houses, each accompanied by a two -week online open house. The staff and consultant also held numerous stakeholder meetings, with recent engagements including teen groups and parks maintenance staff. She reminded the Board that the consultant was previously before the Board and City Council to present the results of the 1st open house and solicit feedback. This feedback, along with feedback from the community and stakeholder meetings was used to prepare two options, which were presented at the 2nd open house. Over the next three Packet Pg. 439 8.2.f months, the design team will be working with the community to refine the two alternatives to one preferred hybrid plan. The consultant will also host another online and in -person public open house and provided continued briefings to the City Council, Planning Board, staff, and the Project Advisory Committee (PAC). She advised that Chris Jones from Walker Macy was present to present the alternatives to the Planning Board and solicit feedback prior to presenting to the City Council on September 27th. She advised that Board Member Stewart participates on the PAC, and several of other PAC members were present in the audience, as well. Chris Jones, Walker Macy, said he is the landscape architectural consultant for the Civic Center Playfield Master Plan and was also the consultant for the recently completed Marina Beach Master Plan. He advised that his presentation would be a summary version of the two alternatives that were presented at the 2nd open house, which started by repeating back to the community what they heard from the lst open house. At the lst open house, participants were asked to comment on whether they favored an active, passive or civic design for the park, and most indicated they would prefer either an active or passive design. The participants were also provided a list of potential activities/features for the park and asked to identify those that they desired most. The top 13 activities/features included restrooms, petanque courts, jogging/walking paths, soccer, shade trees, skate park, playground, tennis, Boys and Girls Club, multi -use lawn, formal track, small performance space, and gardens. In addition to ranking the listed features, participants were also invited to identify additional features/activities they would like the City to consider. He summarized that the design team has received a lot of feedback from the community, including the City Council, Planning Board, PAC, Student Conservation Association, stakeholders, and parks maintenance staff. Mr. Jones advised that, throughout the process, numerous people have questioned where they could go for a particular type of activity if it is eliminated from the Civic Center Playfield. To answer these questions, he provided a map that identifies the location of a number of fields and courts that can be found throughout the City's park system. With the exception of petanque, there are other places to get the recreation that is currently available at the Civic Center Playfield. Mr. Jones explained that the project site is 8 acres in size, but the City must abide by a deed restriction that applies to six acres. The deed restriction limits the design to no more than 10% impervious surface and surface parking must be pervious. In addition, the site must be preserved as open space and no synthetic turf or buildings are allowed. Both of the design alternatives accommodate the deed restrictions. He reviewed each of the design options as follows: Design Option 1 (Meadow Loop). Option 1 introduces more passive landscape features into the park perimeter, including meadows, berms, and stormwater gardens that frame a central multi -use lawn. The option features a jogging trail with exercise stations and multiple walking paths, as well as a large, central play area. The lawn would be large enough to accommodate the same level of soccer usage that occurs now. A wide promenade -style sidewalk along 61h Avenue would allow for strolling or markets and could include a plaza, restroom and shade pavilion. It could also accommodate food concessions, movable tables and chairs, and a small water feature. The option also includes a small amount of the recreational programs, such as multi -use courts and petanque. Option 1 would also maintain the current Field House for the Boys and Girls Club, with no expansion. The highest activity and noise level would be located towards the center of the site, and the north, east and south sides of the park would be a much quieter, more passive space. There would be pedestrian connections and circulation throughout the park. The proposed walking paths would provide east/west connections, as well as a connection from the north side of the park to downtown. The Field House, plaza, and shade pavilion/restroom would provide a community hub along the western boundary of the park. He provided pictures to illustrate some of the concepts proposed in Option 1 such as the meadows and gardens, flexible use promenade that could accommodate a farmer's market and/or festival booths, creative and integrated play areas, shade pavilion and plaza, passive landscape gardens and multi -use lawn. He noted that the flexible -use event space would occupy about 65% of the total park space. Design Option 2 (Activity Central). Option 2 maximizes recreational activities and facilitates spectatorship. It includes a 200-meter track, multi -use lawn for soccer and other sports, and viewing terraces that overlook the playfields. It also includes petanque courts, skate park and four multi -use courts around an expanded Field House that could potentially house the Boys and girls Club or a cafe and restroom. The north portion of the park is more landscaped in character, and includes a picnic or performance pavilion and multi -generational play and exercise areas. A main path runs through park at Sprague Street and offers a clear connection from the residential neighborhood to the 0, Avenue Arts Corridor. The path also offers potential for bringing markets and other events into the park. The majority of the site Planning Board Minutes September 14, 2016 Page 2 Packet Pg. 440 8.2.f would be dedicated to active recreational uses and would have more of a sports feel. The higher uses would be located in the central and southeast corners of the site, and the lower uses would be along the northern edge. There would be average activity along the west side of the park (6 h Avenue). In addition to the main pathway that provides an east/west connection for Sprague Street, there would be other meandering walkways through the park. The community hubs in Option 2 would be the expanded Field House for the Boys and Girls Club and/or cafe and restrooms. He provided pictures to illustrate some of the concepts proposed in Option 2 such as the shade pavilion and picnic area, landscaped integrated play areas within the walkways and topographic features, lawn terraces for spectating and views to replace the popular grandstands, all -ages recreation, small plaza with an interactive water feature, and game courts within garden groves so the use can be more flexible. In Option 2, about 90% of the site would be available for flexible -use event space. Mr. Jones reported that there were about 140 in attendance at the 1st in -person open house, and about 160 at the 2nd. The 2nd open house started with a brief presentation, followed by a question and answer period. The participants were then divided into 16 groups to review the two alternatives, using a side -by -side comparison, and provide feedback on their preferred alternative, as well as the elements they liked best in each of the alternatives. Eight groups indicated a preference for Option 1, four for Option 2, and four were split or unclear. Individual comment cards indicated a preference for Option 1 over Option 2. The most consistent comments at the in -person open house indicated support for the lawn terraces and skateboard park. While the curves are nice in Option 1, most wanted a more active program like in Option 2. In addition to the in -person open house, Mr. Jones advised that a two -week online open house was also offered. About 360 people visited the site and 132 responses were received. Forty-two respondents indicated a preference for Option 1 and 87 for Option 2. The common reasons that respondents preferred Option 1 included the free -flowing structure, layout and path, water feature and plaza, open green spaces and lawn, and a reduced number of petanque courts. Common reasons for preferring Option 2 included the long walking and running paths, track, focus on fields and athletic facilities, expanded Boys and Girls Club, skate park, view terraces, potential for large events, and more spaces for families and children. Common elements not shown that respondents would like to see included additional restrooms, benches and/or seating areas, lighting, additional covered athletic facility and market place, water fountains, stage, ADA accessibility and a 400-meter track. He noted that restrooms were included in each option, but may not have been explicit. However, the design is not at the level of addressing items such as benches, lighting, etc. Mr. Jones summarized that the next step is to present the two options to the City Council on September 27d', along with a summary of the open house events and feedback from the Board. The design team will present a hybrid design scheme that reflects the input that has been provided to date at a 3rd open house on October 12th. Board Member Crank said she was unable to attend the in -person open houses, but she did participate in the on-line open house. She referred to Option 2 and asked if the school district or adjacent property owners have commented about the need for a track. Ms. Hite answered that a few people specifically requested that a track be included in the design. The PAC had an in-depth discussion about this element, and it appears that people are more interested in having a way to measure their mileage. Perhaps it would be possible to provide this opportunity on the walkway that goes around the perimeter of the park rather than providing an actual track. In her experience, tracks are not usually located at public parks. They are typically found on school properties. Board Member Crank asked if there is infrastructure in place to accommodate the water features that are proposed in both options. Mr. Jones answered that there is water and power service available at the park site, but nothing has been stubbed out to serve this need in a particular location. Board Member Robles noted that water features can utilize a lot of water. He asked if the features would be susceptible to significant water restrictions. Ms. Hite referred to the spray pad at City Park, which does use quite a lot of water. However, rather than a direct -to -drain resource, the water actually goes into a catch system where it is treated and reused on the pad. While this option is costly, it could be implemented at Civic Center Playfield, too. Board Member Robles asked if one option would be costlier to maintain than the other. Mr. Jones answered that Option 1 would probably require more maintenance from staff. However, they met with parks maintenance staff to discuss the maintenance needs of both options, and no concern was raised about the City's ability to accommodate the maintenance needs associated with either option. Ms. Hite added that staff can work with the consultant to incorporate elements of design Planning Board Minutes September 14, 2016 Page 3 Packet Pg. 441 8.2.f that require less maintenance such as drought tolerant plants, lower maintenance gardens, and low -impact development (LID) improvements such as rain gardens. She explained that the maintenance staff already maintains the 8-acre site. While the maintenance needs would likely increase, the change would not be significant. Board Member Robles asked if the plan includes an on -site maintenance facility to store equipment that is used for the site. Mr. Jones said that has not been considered, but it could be built in. Ms. Hite advised that none of the City's parks have on - site maintenance facilities. The equipment is moved from park to park on a flatbed truck. Staff members go from park to park, doing the same task. Board Member Robles asked how many different surfaces are identified in the proposed plan. Mr. Jones answered that potential surfaces include the track surface, sand volleyball court, asphalt trails, promenade of concrete or unit pavers, crushed granite petanque courts, natural turf, planted areas, and asphalt basketball courts. Ms. Hite reminded the Board that the current deed restrictions limit impervious surface to no more than 10% of the 6-acre portion of the site. Board Member Robles commented that performance -based social gatherings are huge community -building activities. In addition to opportunities for sporting events, he would like the area to be open to the arts and social activities via the plaza, multi -use terracing, grass fields, etc. Mr. Jones said they have discussed that the southwest corner in both schemes could have moveable tables and chairs to support a variety of community uses. Board Member Robles asked if the current skate park would be relocated or if the features would change. Ms. Hite said the current park has a cement surface, but the features are moveable. However, they are old and require frequent repairs. A better discussion would be the idea of creating a new skate park with new equipment. Board Member Robles pointed out that the current skate park is heavily used. Board Member Monroe asked if there is a significant upfront cost difference between the two options. Mr. Jones answered that they will be exploring the rough magnitude costs of each option over the next few weeks. Option 1 would likely have a higher cost as it would require more manipulation of land forms and a more significant water feature. He commented that, from his experience, downtown parks similar to this typically cost between $1 million and $1.5 million per acre to develop. Therefore, $12 million would be a ballpark cost figure based on history. Assuming the City will not foot the bill for expansion of the Boys and Girls Club, Option 1 would likely cost more to implement than Option 2. Ms. Hite emphasized that it is likely that the hybrid design will be a combination of both Option 1 and Option 2. Once the preferred hybrid option has been identified, the consultant will be asked to provide cost estimates. Mr. Jones said that, based on feedback received to date, the hybrid alternative will likely include active park space, restroom, athletic fields, a small number of petanque courts, terraced viewing area, water feature, expanded Boys and Girls Club, basketball courts and a playground. The majority of people at the 2nd open house voiced support for the aesthetics of Option 1, as well. Vice Chair Rubenkonig noted that only Option 2 details on -site parking for the park. Mr. Jones said the intent was to give the community two options so they can decide whether or not they want to include on -site parking as part of the park. Generally speaking, the community has indicated they do not want the 8-acre park to be taken up by parking. However, there are ways to make parking more efficient on 6t" and 7r'' Avenues. If the Boys and Girls Club remains on the site, there will be some need for van parking and ADA parking. Vice Chair Rubenkonig noted that the ADA parking that is provided near the Boys and Girls Club could also serve the park. Vice Chair Rubenkonig asked how tall the proposed trees would be. She noted that there have been issues in the past when trees grow tall and block views from neighboring properties. It appears that both options will have the same number of trees, but in different locations. She asked if the City has a requirement as to how many trees must be planted on the site. Mr. Jones responded that there is no City requirement as to the number of trees. The proposed trees were part of the design strategy to provide shade and divide spaces. People have expressed concern about blocking view, and the trees along 6"' Avenue will likely be a low -growing species to protect the views from adjacent residential properties. Some people have actually indicated that, although they love their view of the mountains, they also love the trees that have been proposed. He noted that there was not a lot of feedback relative to trees at the 2nd open house. Vice Chair Rubenkonig asked if the City Planning Board Minutes September 14, 2016 Page 4 Packet Pg. 442 8.2.f would require that the landscaping be native vegetation. Mr. Jones said that the project design has not reached a high level of specificity yet, but the intent is to use climate -adaptive plantings on the site. Vice Chair Rubenkonig asked Mr. Jones to describe how the Sprague Street right-of-way link came about. She noted that another path would also bisect the park. Mr. Jones said the intent was to present two different options. Option 1 has a promenade and civic edge on 6th Avenue. However, if the community does not want an active civic edge, the Sprague Street right-of-way would be a great way to move people through the park and segregate the playground from the active recreational uses. Vice Chair Rubenkonig asked if the bisecting pathway between the two playfields could be eliminated from Option 2. Mr. Jones agreed it could be eliminated, but then the promenade would be the only east/west connection through the park. Vice Chair Rubenkonig asked Ms. Hite to provide more context about the deed restrictions. Ms. Hite explained that the deed restrictions apply to 6 acres on the 8-acre site. and they are connected to the $1 million the City received from the state and the $520,000 it received from Snohomish County. The State's deed restriction is intended to protect open space parkland so it cannot be used for anything other than a park. With the exception of a restroom or shade structure, no other structures would be allowed within the 6-acre area. The deed restriction associated with the Snohomish County Conservation Futures Grant is more restrictive in that it limits impervious surface to no more than 10%. The County is willing to work with the City to provide structures such as a restroom and shade shelter, but they would count as part of the allowable impervious surface. Vice Chair Rubenkonig suggested that the deed restrictions should be more clearly pointed out at the next open house and explained in the master plan. Vice Chair Rubenkonig asked if it is likely the track would be eliminated from the hybrid design. Mr. Jones answered affirmatively. Vice Chair Rubenkonig asked what purpose the track would serve. Mr. Jones said the community would like the ability to track how far they are walking or running. It would not be used for organized sporting events. In his opinion, it would be a very inflexible use of space. Board Member Stewart said she appreciates the opportunity to participate on the PAC where there has been a lot of interesting discussion and many different perspectives. Many different ideas were considered, and she appreciates the design team's effort to reach out to the community, particularly the youth. She asked if there is another skate park in the City of Edmonds. Ms. Hite answered no, but added that the City provides support to the City of Lynnwood's skate park at Lindale Park. Board Member Stewart said she is very interested in sustainable development. Anytime they design, they should consider the most sustainable way to not only build, but make sure it remains long term, is easy to maintain, and uses resources wisely. She said she does not recall a PAC discussion about the water feature. It would be attractive to have a water feature at the Civic Center Playfield, and still water or a fountain would be appropriate. However, she worries about the high cost of adding a spray pad. Providing a system to recirculate water would be costly and there is already a spray pad at City Park. Mr. Jones agreed that water features, particularly spray pads, are costly to maintain. Most sustainable water features have a cistern to recycle the water, and a system of this type would definitely be included as part of any water feature proposed for the site. Board Member Stewart asked if the walking path identified in Option 1 would be pavement. She said she is hoping that at least one side of the pathway could have a forgiving surface for people with joint issues. Ms. Hite pointed out that pavement is easier to make with impervious surface that drains well. Board Member Stewart asked if rollerblades would be allowed on the walking path. She also asked is bicyclists would have a way to get through the park and if bike racks would be provided. If no parking is provided, it will be very important to make sure people can get to, from and through the park via walking, jogging, biking, and buses. Board Member Stewart commented that Edmonds has a very active petanque group that consists primarily of older citizens. While she supports some courts for this use, she would like them to be designed to accommodate a variety of other uses, as well. She said she supports eliminating the sand volleyball court, since it would be better placed at a beach park. She hopes the sports fields will be available for drop -in play rather than used only for organized sporting events. She asked to what degree the fields would be scheduled. Ms. Hite answered that they would probably be scheduled some but will also be available for drop -in play. The SnoKing Youth Club uses the existing fields a lot, but they are transitioning more towards the new fields at Woodway. The Boys and Girls Club also uses the fields for open play. Board Member Stewart stressed the Planning Board Minutes September 14, 2016 Page 5 Packet Pg. 443 8.2.f need to always ensure there is space for unprogrammed play for both children and adults. She hopes the need for regulation fields does not usurp the creative, versatile play space that is needed to serve all ages. Board Member Stewart asked how long the path around the perimeter of the park in Option 1 would be. Mr. Jones answered that it would be about 1,600 meters or perhaps a little less. Board Member Stewart commented that the more continuous the pathway the better. The path should also be interesting, as well, and exercise stations would be a wonderful idea. She said she likes the idea of trees and felt the consultant could work with species to keep the heights where they should be. Board Member Stewart said she loves the grandstands, but recognizes that they need to be removed. At the PAC meetings, she raised the idea of providing a viewpoint where people could climb up to have a view over the top of the trees and out to the mountains. Ms. Hite said this idea makes her think about the conservatory building at Volunteer Park in Seattle where you can climb up stairs to have a view across the park to the water. Mr. Jones pointed out that there would be a bit of a view from the south side of the park to the mountains. Board Member Monroe asked if a covered basketball court was purposefully excluded from the options. Most of the park features can only be enjoyed during good weather, and it would be great to have a covered basketball court to accommodate winter play. Vice Chair Rubenkonig asked if the two options would satisfy the needs of the parks and recreation programs the City sponsors. Ms. Hite answered that lacrosse and soccer are trending right now, and ultimate Frisbee, as well. All three of these uses could be accommodated on the fields identified in the two options. While Pacific Little League originally voiced a desire for more baseball fields, no other comments in support of the fields were received. She summarized that the open, grass space that can accommodate many different kinds of sports and activities will be very helpful to the City's programming needs. Board Member Robles asked if there would be any restricted activities at the park. For example, would people be allowed to fly drones over the park or drive their remote control cars. Ms. Hite answered that there has been a lot of discussion at the national level about drones in public places and privacy rights. However, the City's current park regulations do not prohibit drones and people are allowed to recreate as they want. Board Member Robles asked if dogs would be allowed at the park. Ms. Hite said that has yet to be determined. She explained that the City has specific rules for regulating dogs in parks. She noted that the City receives comments on a daily basis, about half of which support allowing dogs in parks and the other half are opposed. Tackling the issue will involve a huge community effort, and she has not opened the conversation up. Board Member Robles asked what other unique ideas came forward during the public open houses. Mr. Jones said the list included a zip line, heated seats, fire museum, parking below the park, and doing nothing and leaving the park as is. Board Member Stewart referred to an email the Board received from a citizen, expressing concern that the civic edges that are proposed in both options could be monopolized by events. Ms. Hite recalled that after receiving less than favorable support for civic space at the 15t open house, she talked with the consultant about the idea of having the civic spaces be more community -oriented gathering areas with a patio, promenade, seating areas, and connections to the downtown. She expressed her belief that this type of space would be desirable in the hybrid option, as well. She reviewed that in his email, the gentleman challenged the community and the consultant to design something that would become a signature downtown park rather than designing for a particular type of community event. She said her discussions with the consultant have been consistent with this approach, and she requested the consultant provide a drawing to illustrate how each of the options would be flexible enough to accommodate desired community events. She asked Mr. Jones to answer the question of whether the designs are reflective of what the community wants or designed to accommodate large community events. Mr. Jones said it appears that the email is suggesting that the master plan be done without community input. The community has spoken and identified the elements they want the park to include. Downtown parks are always designed by the community in which they serve, and the outgrowth of options came from the public input. To accommodate all of the activities identified as desirable would require a 20-acre parcel. While the concept put forth in the email is an interesting idea, they cannot overlook the fact that they have gone through a successful, community -led process. Special interest groups have put forward ideas and his job is to work with staff to balance the ideas. At the last open house, it appeared that people were excited about the options and there was no outcry that the design options were inconsistent with the public comments. Planning Board Minutes September 14, 2016 Page 6 Packet Pg. 444 8.2.f Both options were interesting to the community, and the process was set up so that everyone had a voice. He emphasized that the Civic Center Playfield is definitely a signature downtown park. Rarely do you find eight acres of parkland in a downtown area. The design will be a hybrid of the two schemes, but he does not anticipate changing the approach based on the email. On the contrary, you could question whether the community wants a scheme that does not include any active recreational opportunities, and this directive could change the course of how the park is designed. Board Member Stewart asked if benches have been considered as part of the park design. Mr. Jones answered that benches will be addressed in the next layer of design along with furnishings, lighting, etc. A lot of design work is still needed. Vice Chair Rubenkonig noted that the fence that currently exists around the field would be removed so that people can access the park from the alley, 6th Avenue and 7 h Avenue. That means the park will be much more open than what people are accustomed to. Mr. Jones said that improved access to the park was brought up on a number of occasions, and it is clear that the park needs to be porous on all sides. However, it is anticipated that landscaping would be used to prevent access to the park from some locations. Landscaping would also be used near the playground to prevent children from running out into the alley. The Board Members were invited to share their thoughts on which element they liked the best and why. Board Member Crank: She likes Option 1, which is an open concept with clean lines. She likes the very defined civic area, as well as the idea of incorporating walking paths rather than a physical track which would lend itself more to school athletic situations that might not be appropriate for the park. She pointed out that the demographics of the audience that participated in the online open house was different than those who participated in the in -person open house, and that may be why there was a difference in the preferred option. People who live in the area and already use the park were more interested in preserving what already exists, and those who participated in the online open house were looking at what elements would attract them to the park. It is important to create a master plan that preserves what is already good about the park, as well as features that attract new people. She likes that the park would still feel like a signature downtown park, but also serve as a neighborhood park. Board Member Monroe: He likes Option 1, as well, but he would like the water park to be eliminated since there is already a spray pad at City Park. He supports the skate park as shown in Option 1, but he would also like to include a covered basketball court that could be used during inclement weather. Option 2 seems to be more of a large playfield, which is not what a signature park should look like in his mind. He felt the design was off to a good start, and modifying Option 1 would be acceptable to him. Board Member Robles: He felt that Option 2 is very ambitious and includes a number of great features. He envisions the hybrid being Option 2, but with a softer edge. He particularly likes the centering of the Boys and Girls Club, which is a treasure for the community that includes playfields, basketball courts, skate park, playground and a complex for artist events. The forested edge seems like a great idea for not only the visual privacy of the park, but also for noise abatement and shade. It may be possible to take 10 feet away from the perimeter of the park to provide parking space to accommodate better utilization of the park. He also likes the idea of an elevated tower with stairs for access that would provide both a view and an opportunity for additional exercise. In addition to providing more curve to the walking paths, the terraced area could also be curved to accommodate a sense of focus. He said he could support elimination of the track, and he agreed that four petanque courts would be more appropriate than eight. The water park should be eliminated, as well. He said he does not prefer one option over the other, and he is relying on the consultant to provide some good, solid thinking around the hybrid affect. Board Member Stewart: She likes the feel of Option 1 with the softness of the edges, particularly the southwest edge. It is important to her that there be a section that offers peace and tranquility, with trees and nature and perhaps a water feature. However, she does not believe a spray pad is needed. Two smaller fields would work for the community needs and the track is not essential. However, a meandering loop that is marked for distance, with stations along the way for exercise and integrated natural elements, would be great. A few tennis courts that could double as basketball courts are standard in most parks, as are playgrounds. She supports a skate park and accommodating the Boys and Girls Club, and she would love to see a tower that allows visitors to look out. She agreed that the tower could also provide an element of exercise. She likes the Planning Board Minutes September 14, 2016 Page 7 Packet Pg. 445 8.2.f idea of a terraced area with tiered seating. She believes that fewer than eight petanque courts would be appropriate. She summarized that she likes the feel of Option 1 and hopes the hybrid can maintain at least a portion of the serene feeling. Vice Chair Rubenkonig: She prefers Option 1 because of the design makes more sense to her. She likes the softer edges, particularly the civic edge, which serves to green up the space along 6th Avenue, and relates the park to the Public Safety Building. The civic edge also better defines the entire area as a public center and lends to more future possibilities. For the opposite reason, the promenade in Option 2 does not provide the same affect that the Civic Edge in Option 1 can provide. She said she likes the softer edges shown in Option 1, and the design of the southwest corner appears to be more of a protected area that is more conducive to children's play. She said she also believes that a covered basketball court is essential because of the weather. It is time for Edmonds to provide this opportunity, not only for the community at large, but for the Boys and Girls Club to use year round, as well. She said she appreciates the "all ages" recreational challenge course that is proposed along the walking path, and she agrees that a step terrace is essential to the design and will open up opportunities for the future use of the park. Electrical outlets are needed, as well. She said she welcomes the idea of a hybrid design, but she leans towards the clean design of Option 1, particularly as it allows people to go across the park from 6`' Avenue to 7th Avenue without feeling like they are going through the middle of some activity. Ms. Hite thanked the Board Members for their ideas and clear direction, which will be reflected in the presentation before the City Council on September 27th. The Board's minutes will be included in the Council packet. The consultant will come before the Board again on November 9`h to provide an update on the plan, and Board Members are invited to attend the open house on October 12th, where the hybrid option will be presented to the public for the first time. REVIEW OF EXTENDED AGENDA Vice Chair Rubenkonig reviewed that the Board's October 12'h agenda will include a public hearing on the Capital Facilities and Capital Improvement Plans, as well as a discussion on Comprehensive Plan amendments. The October 26th agenda will include a presentation on the University of Washington/Forterra Plan for Five Corners, an update on the land use procedures code, and an update on the Highway 99 Subarea Plan. PLANNING BOARD CHAIR COMMENTS Vice Chair Rubenkonig announced that the City Council will be hosting a volunteer dinner on September 16'h at the Senior Center from 6:30 p.m. to 8:30 p.m. Vice Chair Rubenkonig referred to the summary provided in the Director's Report relative to the joint City Council/Planning Board meeting that took place on September 6 h. The report states that the general conclusion was that the Board's role relative to the issue of housing is not so much to figure out exactly how to address a specific number of housing units projected for Edmonds, but to consider the range of housing issues as local planning and code updates move forward. The Planning Board will be involved in recommending a draft housing strategy to the City Council. In the meantime, ongoing code update work may also address emerging housing needs. Board Member Crank said she particularly enjoyed the joint meeting because the City Council was able to clarify what they want the Board to do. It was good to get away from specific numbers and focus more on housing types. Board Member Robles said he spoke to a City Council Member following the meeting and learned that the Council was very pleased with the target of "aging in place," as a problem that needs to be addressed. There are so many problems related to housing, and this is a path forward that everyone agreed on. PLANNING BOARD MEMBER COMMENTS Board Member Crank reported that the Taste of Edmonds was more successful overall than last year due to better weather. She will receive a full report at the morning meeting of the Chamber on September 15th. Board Member Monroe observed that there were no complaints from neighboring property owners relative to noise this year. ADJOURNMENT The Board meeting was adjourned at 8:55 p.m Planning Board Minutes September 14, 2016 Page 8 Packet Pg. 446 8.3 City Council Agenda Item Meeting Date: 09/27/2016 Frances Anderson Center Bandshell Award of Bid (10 min.) Staff Lead: Carrie Hite Department: Parks, Recreation & Cultural Services Preparer: Carrie Hite Background/History This bandshell replacement project was adopted as part of the PROS plan adoption in 2014 and the CIP adoption in 2015. In addition, the Council authorized the project and budget carryover in January 2016. Staff Recommendation Award bid to KA Construction for the replacement of the Frances Anderson Center bandshell. Authorize an additional $36,262 for the completion of the project. Narrative This FAC bandshell has been in place for many years. It is to the point of deterioration, and the roof is separating from the wall. We have been repairing it over the years, and it is in need of replacement. The Parks Department has identified this in the PROS plan and CIP for replacement because of its condition. Staff solicited bids for the actual bandshell replacement, and they ranged between $45,000 and $76,000. Staff also worked with the Arts Commission and the Historic Preservation Commission to review and give feedback on the low bid for the bandshell itself. Because the bandshell location is on the campus of the historic Frances Anderson Center the Historic Preservation Commission reviewed this and was supportive and issued a certificate of appropriateness. The Arts Commission also was also supportive and excited about the design and the replacement of this structure. Barker Landscape was hired to assist with the stage design to accommodate the actual bandshell that was selected. The engineer's construction estimate for this project, not including the actual bandshell roof, was $130,600. We published this for bid on August 5t", 2016 for the small works roster. At the close of bid, we did not receive any bids on this project. After consultation with the Engineering Division, and their previous guidance from the City Attorney's office, it was determined that if no bid was received on the call, the Council may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor. The Parks Director called three contractors to determine if they may be interested in giving us a construction quote on this project. One declined. Two contractor's submitted construction bids. Attached is the bid tabulation from these two interested parties. Packet Pg. 447 8.3 As Council can see the low bid is higher than the engineer's estimate. In addition, in reviewing the project budget, we had to contract for geotechnical services, and add the management reserve, which have all added to the project budget. The request from Council is to authorize the Mayor to accept the bid of $ $141,420 ( including tax), and authorize an additional $36,626 for the project. This amount could come from the Parks Capital budget, especially since we just completed Dayton Street Plaza under budget by approximately $40,000. Attachments include: 1. Solicited bid summary, with low bid 2. Bandshell quotes from 2015 3. Project budget 4. Bandshell image 5. 2016 Budget amendment 6. Historic Preservation Commission Certificate of Appropriateness Attachments: Solicited Bid Summary Bandshell replacement quotes 2015 Project budget Bandshell image FAC Bandshell budget amendment 2016 Q1 Anderson Center Amphitheater Project Certificate of Appropriateness Packet Pg. 448 8.3.a City of Edmonds Frances Anderson Bandshell Replacement Bid Summary 19-Sep-16 Engineer's Estimate K-A General Const Spirit Ridge Construction Estimate & Bids $ 130,600.00 $ 141,420.32 $ 188,174.50 Packet Pg. 449 8.3.b PURCHASE QUOTATION SHEET F F.Dnj Purchase which will be over 10,001 will require three (3) quotations and will become a part of the purchase request. Firm Sitelines / RCP Shelters Firm Coverworx Firm Northwest Playground 626-128th Street Everett 11800-E 9 Mile Rd MI 2413-Issaquah, WA Phone # 425-355-5655 Phone # 1-586-486-1088 Phone # 425-313-9161 Quoter Gary Max Quoter Craig Saylor Quoter Eric Arneson Date 10/13/2015 Date 2/10/2015 Date 1/20/2015 Description Quantity Unit Req'd Unit Quote Total Quote Unit Quote Total Quote Unit Quote Total Quote Anderson Center Amphitheater Structure 1 $41,260.00 $44,489.00 $63,690.00 To replace present run down amphitheater 40 ft. x 30 ft. wood structure Discount $2,547.60 First sub $57,590.40 ESTIMATE FREIGHT CHARGES Included $5,285.00 $12,021.86 Sub -Total Sale Tax Signature of Person Receiving Quote TOTAL $41,260.00 $49,774.00 $69,612.26 $4,043.48 $4,877.90 $6,822.00 $45,303.48 $54,651.90 $76,434.26 Signature of Mayor or Director to approve quote a G:Excel/Forms/Purchase Quote 9/21/2016be Packet Pg. 450 8.3.c Frances Anderson Center Bandshell Budget Item Amount Base Bid $128,798.11 Management Reserve $12,880.00 Permit Fees $1,437.00 Bandshell ( by owner) $41,260.00 Bandshell Engineering $4,470.00 A & E $16,385.00 Geotech/Survey $6,600.00 Total $211,830.11 Tax at 9.8% $16,666.20 Grand Total $228,496.31 Authorized $191,870 Need additoinal authority $36,626 a Packet Pg. 451 10 Ot . I Packet Pg. 452 8.3.e Budget Amendment for: First Quarter Item Description: The replacement of the Bandshell at the Frances Anderson Center is scheduled for 2016. $81,870 was carriedforward from 2015 and an additional budget authority was requested at that time. Another $30,000 is now requested to cover costs for demolition. This was a " by owner" item, but we just don't have the capacity to perform this work. Department: Parks, Recreation & Cultural Services Fund Name: PARK ACQ/ IMPROVEMENT Division: Parks Title: Bandshell at Frances Anderson Preparer: CCruz for Carrie Hite Department Account Number: 125.000.64.594.75.65.00 Strategic Plan Task Action Item: JAction 3a.4 (35): Greenways and Parks Budget Amendment Type? New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Descri tion[sl Baseline Budget 2016 2017 2018 2019 2020 Construction Projects 30,000 161,870 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $30,000 $161,870 $0 $0 $0 $0 Total Expenses 1 $191,870 1 $0 I $0 I $0 I$0 Revenue and Ending Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other BEET 30,000 0 0 0 0 Total Revenue and Ending Cash Error $0 $0 $0 $0 Packet Pg. 453 8.3.f rnC. l g9\3 CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web:.www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION CERTIFICATE OF APPROPRIATENESS Project. Frances Anderson Center Amphitheater Replacement Project Location: Frances Anderson Center 700 Main Street Property Owner: City of Edmonds 121 5"' Avenue North Edmonds, WA 98020 Applicant. City of Edmonds Anderson Center / Rich Lindsay 700 Main Street Edmonds, WA 98020 Certificate of Appropriateness Pursuant to Edmonds Community Development Code (ECDC) 20.45.040.13, prior to the commencement of any work on a register property, the owner must request and receive a Certificate of Appropriateness from the Historic Preservation Commission (HPC) for the proposed work. Findings 1. Scope. The City of Edmonds is proposing to demolish the existing bandshell and construct a new one on the same site at the Frances Anderson Center. 2. Review Criteria. Secretary of the Interior's Standards for Rehabilitation number two and number nine as codified in 36 CFR 67: Standard Two: Retention of Historic Character: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Standard Nine: Compatible Additions/Exterior Alterations: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 3. Significance. The Frances Anderson Center was listed on the Edmonds Register of Historic Places in October of 2010 under Ordinance No. 3810. Under Ordinance No. 3810, the exterior of the buildings were designated as significant. The specific buildings listed on the Register include the original elementary school building (1927-28) along with the 1947 and 1952 additions. Pagel of 2 Packet Pg. 454 8.3.f 4. Historic Preservation Commission Review. The City of Edmonds Historic Preservation Commission reviewed the Frances Anderson Center Amphitheater (bandshell) Replacement Project for consistency with the Secretary of the Interior's Standards for Rehabilitation at their regular meeting on July 9, 2015. 5. Findings. Based on the record and information provided by staff, the Edmonds Historic Preservation Commission finds that the amphitheater is a distinct and separate structure and was not directly associated with the buildings that are part of the Anderson Center historic register designation. The amphitheater (bandshell) has been altered over the years and would not be eligible for designation or listing on the Edmonds Register. Conclusion The Edmonds Historic Preservation Commission finds that the Frances Anderson Center Amphitheater Project is consistent with the Secretary of the Interior's Standards for Rehabilitation and APPROVES the issuance of a Certificate of Appropriateness pursuant to ECDC 20.45.050 with the following conditions: 1. Prior to demolition of the existing amphitheater (bandshell) structure photographic documentation shall be filed with the Anderson Center, with a copy provided to the Edmonds Planning Division. Chave, Planning Manager July 20, 2015 Date Page 2 of 2 Packet Pg. 455 c�T �~ o _ m � � d 111 O O D—n n rf D >v � CL cD (D a� n n cD (D = B OD n O M rt � (1%1 � r — r t 1 Mi 6 p. t 1 11 � FO W Ln Attachment: Anderson Center Amphitheater Project Certificate of Appropriateness (1540 : Frances Anderson Center Bandshell Award of Bid) 8.3.f 0 12 111, 23 6" South Elevation NITS u �1 17 r i North Elevation Back Elevation NTS NITS Z p m SHEET: L 7 CITY OF EDMONDS BANDSHELL CITY OF EDMONDS PARKS & RECREATION PRANCE ANDERSON CENTER 700 MAIN ST. EDMONDS, 98020 APPROVED BY BY: DATE: NO. DATE: BY: REVISION: COLOR ELEVATION fll� „y p o. Q ndwnry DESIGN: JB 'll/10/2015 Draft Pernit Set DRAWN: BS 7 OF 13 SHEETS 700 Main St., Edmonds, WA 96020 VIEWS CITY ENGINEER CHECKED: JB Dale: APPROVED; JB Packet Pg. 457 8.3.f CITY OF EDMONDS HISTORIC PRESERVATION COMMISSION SUMMARY MINUTES OF REGULAR MEETING July 9, 2015 CALL TO ORDER AND ROLL CALL Vice Chair Vogel called the meeting of the Edmonds Historic Preservation Commission to order at 5:30 p.m. in the 3" Floor Conference Room of City Hall, 121 — 5"h Avenue North. He read the Commission's mission statement. COMMISSIONERS PRESENT Emily Scott, Chair (arrived at 6:30 p.m.) Lary Vogel, Vice Chair Sandra Allbery Katie Bojakowski (arrived at 5:35 p.m.) Chris Deiner-Karr Eric Livingston Tim Raetzloff Gerry Tays Dave Teitzel Kristiana Johnson, City Council Member Lora Petso, City Council Member READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Manager Diane Cunningham, Administrative Assistant Frances Chapin, Arts & Cultural Services Manager COMMISSIONERS EXCUSED Steve Waite COMMISSIONER TEITZEL MOVED TO APPROVE THE MINUTES OF JUNE 11, 2015 AS SUBMITTED. COMMISSIONER DEINER-KARR SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. AGENDA ADDITIONS/CHANGES The discussion relative to the Frances Anderson Center Amphitheater was placed after "Requests from the Audience." A discussion related to an underwater archaeology survey was also added to the agenda, as was a discussion about whether or not to cancel the August meeting. COMMISSIONER TAYS MOVED TO APPROVE THE AGENDA AS AMENDED. COMMISSIONER ALLBERY SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. REQUESTS FROM THE AUDIENCE There was no one in the audience. DISCUSSION RELATIVE TO THE FRANCES ANDERSON CENTER AMPHITHEATER Ms. Chapin briefly reviewed the Parks, Recreation and Cultural Services Department's proposal to replace the amphitheater structure. Mr. Chave explained that because the property is listed on the Edmonds Register of Historic Places, a Certificate of Appropriateness will be required. Staff is seeking feedback from the Commission as to whether or not the design concept Packet Pg. 458 8.3.f presented is appropriate for the site. He explained that if the Commissioners feel they have enough information to accept the conceptual design now, they could authorize staff to approve the building permit once it is submitted. They could also postpone action until an actual building permit application has been submitted. Commissioner Tays pointed out that, although the amphitheater is not listed on the Register, it was constructed in the 1950's and could have historic value. Ms. Chapin noted that the amphitheater was not part of the original Frances Anderson Center construction, and it has been modified several times over the years. The Commissioners agreed that the amphitheater would not meet the criteria for inclusion on the Register. However, they agreed that staff should create of record of the existing structure before it is demolished. Vice Chair Vogel agreed to take pictures and forward them to Ms. Chapin. Commissioner Deiner-Karr asked if the project includes changes to the grass area. Ms. Chapin said no changes are currently proposed for the grass step area, as people are very fond of the current configuration and it works well for the site. She provided additional details to illustrate how the project would fit on the site and complement the existing building. COMMISSIONER TAYS MOVED THAT THE COMMISSION AUTHORIZE STAFF TO DRAFT A CERTIFICATE OF APPROPRIATENESS FOR THE FRANCES ANDERSON CENTER AMPHITHEATER PROJECT. COMMISSIONER ALLBERY SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. COMMITTEE REPORTS Registration Committee The Registration Committee did not have any items to report. Education and Outreach Committee Commissioner Teitzel pointed out that although there is a small plaque on the Edmonds Center for the Arts (ECA) property that identifies the building as historic, there is no plaque to identify the building as being on a historic register. Vice Chair Vogel explained that the small plaque on the property was part of the Stages of History Project that was funded by a Preserve America Grant. Ms. Chapin said the public art project was sponsored by the Edmonds Arts Commission, with participation from the Historic Preservation Commission. Commissioner Tays reminded the Commission that although the ECA Building is listed on the State's Register of Historic Places, it has not been added to the local register yet. He reported that he made a presentation to the County board that oversees the building several months ago, but they have yet to act on the Commission's recommendation that the building be added to the Edmonds Register of Historic Places. Commissioner Teitzel reported that the Education and Outreach Committee discussed the idea of expanding on the plaque presentation events, which are covered by the local press and attended by the mayor. For example, Commissioners could make short presentations at local schools, particularly to students who are studying Washington State History, to share information about the buildings and explain why they are important to the City's history. The Commissioners expressed support for the concept to raise awareness and build advocates for historic preservation. Council Member Johnson recalled that Westgate Elementary celebrated its 50th Anniversary a few years ago. Perhaps the school would be a good candidate for the Register, as well as an opportunity for some public outreach to students. It was discussed that the interior of the building has been modified numerous times over the years, but the exterior has remained intact. Commissioner Teitzel said the Education and Outreach Committee also discussed the concept of having the Historic Preservation Commission take the lead on putting together "then and now" photos in concert with the Edmonds Museum and the South Snohomish County Historical Society. The Commissioners discussed the concept further, particularly how the photographs could be stored and used in the future. Preservation Planning Committee The Preservation Planning Committee did not have any items to report. Historic Preservation Commission Minutes July 9, 2014 Page 2 Packet Pg. 459 8.3.f City of Edmonds Historic Preservation Commission Designation Staff Report "QC. i S9\3 Meeting Date: August 14, 2010 Agenda Subject: Application for designation of the Frances E. Anderson Cultural Center as eligible for inclusion in the Edmonds Register of Historic Places Staff Lead: Kernen Lien, Associate Planner Staff recommendation: Staff recommends that the Commission finds that Frances Anderson Cultural Center meets the criteria for designation on the Edmonds Register of Historic Places. Staff feels that both the original 1928 structure and the 1947and 1952 additions meet the criteria for designation. The exterior of the structure contains the significant architectural features. Frances Anderson Center HistPres designation staff report. doc Packet Pg. 460 8.3.f D- m 0 Criteria Criteria Comments 2. Has integrity... ® The original Edmonds Elementary School M a building and site has changed in — appearance and layout considerably since y 1928, particularly with the 1947 and 1952 additions (See Attachment 1). The 0 m original 1928 structure is largely hidden from street view by the newer additions. c The arched entrances on the north, south tj and west facades have also been covered 0 up by the additions, with only the top of the arches visible from aerial view. However, that portion of the Frances Q Anderson Center still visible above the 1947 and 1952 additions remains intact. c The original windows were replaced with Ui newer metal windows that simulate the c original window patter and the size of the ,4 openings have been preserved. The 1947 and 1952 additions retain their d original appearance. r Taken as a whole, the site has integrity. 2 Q 3. Age at least 50 years old, or has ® The Frances Anderson Center is 0 Q. exceptional importance if less than 50 comprised of several parts. The core of a years old... the Frances Anderson Center is the 0 Edmonds Elementary School that was constructed in 1927 — 1928. There were additions that were constructed in 1947 and 1952. CD 4. Falls into at least one of the following ® m designation categories: a Designation Category a. Associated with events that have ® The Frances Anderson Cultural Center, z made a significant contribution to the formerly the Edmonds Elementary z broad patterns of national, state or School, is associated with the City of E local history. Edmonds' expansion of the early public a school system. Intended to serve the °3 community of Edmonds early elementary v education needs, the school served as an important educational facility in the ,°� community for more than 50 years. Constructed between the world wars after Q the public library and the Edmonds High School were constructed, the building represents the community's commitment z c� a Packet Pg. 461 8.3.f D- Criteria Criteria Comments to early education. The Frances Anderson Center also represents the growth in the City and rapid facility expansion in the post war boom of the 1940's and 1950's. The building tripled in size after the construction of the 1947 and 1952 additions. m 0 a _ z M 00 L c b. Embodies the distinctive architectural ® The Frances Anderson Center is m v characteristics of a type, period, style comprised of structures from two very 0 or method of design or construction, distinct styles. or represents a significant and The original 1928 school structure is an Q distinguishable entity whose example of the Spanish Mission (or components may lack individual Colonial) Revival style. The Spanish distinction. Mission Revival style was popular in the 1920's focused on abstraction of design �i elements, yet still evoked specific 14 traditional styles. The original 1928 v school structure had many design N characteristics of the style in its exterior light stucco finishes, pent tile roof, multi- pane windows, symmetrical layout, inset Q panels, broad round arches, and o curvilinear parapets. a The 1947 and 1952 additions are c examples of the Streamlined Modern +; style. This style hearkened back to the U Art Modern style and the design of airplane hangars and other military 0 structures that were prominent in the minds of many architects. At the same m time, the International Style of simplified, 0 a` efficient design was beginning to be apparent in architectural design of the Streamlined Modern style. The style CD z features smooth light tinted stucco forms E 0. with emphasis on horizontal or vertical E bands and windows. Frequently, glassCD L brick was used, as were metallic and r glassy surfaces. The 1947 and 1952 v additions are clear examples of the c Streamlined Modern style, with layered horizontal and vertical bands, glass block 13 windows, and light colored stucco Q finishes. m E z c� a Packet Pg. 462 8.3.f Designation Criteria c. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art. Meets Criteria ❑ taff Comments d. Exemplifies or reflects special ® Intended to serve the community of elements of the City's cultural, social, Edmonds early elementary education economic, political, aesthetic, needs, the school served as an important engineering or architectural history. educational facility in the community for more than 50 years. Following the closure of the school in 1972 due to declining enrollment, the school was re -dedicated in 1979 as the Frances Anderson Cultural Center, a public facility for arts and cultural activities operated by the City of Edmonds Parks, Recreation, and Cultural Services Department. The Frances Anderson Center still plays an important role in the community and the former school now houses several tenants with various activities such as tae-kwon-do, clay sculpture, and ballet. e. Is associated with the lives of persons ® The building is significant for its significant in national, state or local association with long time principal, history. teacher, and civic volunteer Frances Anderson. Frances Anderson was a central figure in the development of the youth and education system in Edmonds. Frances Anderson began her work in the community in 1909 when she became secretary for the local lodge of the Independent Order of Good Templars, was elected the first president of the Edmonds Improvement Club in 1910 and became leader of a group of Junior Camp Fire Girls in 1918. She attended University of Washington before transferring to the University of Wisconsin and graduating in 1917. Frances returned to Edmonds and taught second grade until 1924 when she was asked to take the position as principal to replace the retiring principal. She held this position for 25 years before returning to teaching in 1949, and retired from teaching altogether in 1959. 'm 0 14 Ln T a� c m r 2 Q 0 Q. 0. Q 0 m 0 a� U U m 0 L a L m r CD z z 0. E a a� r c m U c 0 L m c Q c m E z c� a Packet Pg. 463 8.3.f Designation Meets taff Criteria Criteria Comments j After the school was closed due to lack attendance, the building was rehabilitated into a community center and named after Frances Anderson. f. Has yielded or may be likely to yield ❑ important archaeological information related to history or prehistory. g. Is a building or structure removed ❑ from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with a historic person or event. h. Is a birthplace or grave of a historical ❑ figure of outstanding importance and is the only surviving structure or site associated with that person. i. Is a cemetery which derives its ❑ primary significance from age, from distinctive design features, or from association with historic events or cultural patterns. j. Is a reconstructed building that has ❑ been executed in a historically accurate manner on the original site. k. Is a creative and unique example of ❑ folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical, the designation shall include description of the boundaries of categories. Significant 1. Shape: Currently irregular in plan, the original 1928 school was originally a rectangular volume; the 1947 and 1952 additions extended west from the original building creating a U-shape and the gym addition pushed the building to the east (See Attachment 1). 2. Roof and Roof The 1928 structure has pent roofs covered with tile between the curvilinear Features: and rectangular parapets of the end bays and pilasters. The main portion of the roof is flat. 'm 0 14 LO a� c m �L Q. 0 L Q 0. Q 0 m CD U U m 0 a` L CD z z 0. E a L d d U c 0 U) a`) c Q c m E z ca a Packet Pg. 464 8.3.f 3. Openings Bands of closely spaced windows are between the bays on the east and west (entries, etc): elevations. The original arched doorways are lined with brick trim and have recessed multi -pane transom windows. On the 1947 additions, many of the windows feature glass block bands above the horizontal bands of vision windows to allow daylight to penetrate into the classrooms. 4. Projections: The north and south elevations of the original structure are divided into two recessed bays with a wider projecting bay in the center. The center bays are capped with curvilinear parapets. 5. Trim & secondary A double -row of brick soldier course extends around the top of the building features under the pent roof. 6. Materials: The exterior of the original structure and the 1947 and 1952 additions are light colored stucco walls. 7. Setting: The Frances Anderson Center is located between the eastern edge of the City of Edmonds downtown business zoning district and surrounding single- family residential neighborhoods on one of the primary entrances into downtown Edmonds. 8. Materials at close N/A range 9. Craft details: Decorative elements include diamond -shaped or brick rectangular inlays at the top of the raised pilasters and bay on all facades. 10. Individual N/A. Interior features are not considered for nomination. rooms/spaces: 11. Related spaces or N/A sequences: 12. Interior features: N/A. Interior features are not considered for nomination 13. Surface finishes & N/A materials: 14. Exposed structure: N/A 'm 0 14 Ln T d c m r 2 Q 0 L Q 0. Q 0 0 M CD U U m 0 a` L d t t E a L d d U 0 U) L 0 a c� G t V a Packet Pg. 465 8.3.f Under Construction in 1927 (Photo courtesy Edmonds Historical Museum) 44"",� Edmonds Grade School 1930 (Photo courtesy Edmonds Historical Museum) w Packet Pg. 466 8.3.f Edmonds Grade School before the 1947 and 1952 Additions (Photo courtesy Edmonds Historical Museum) Packet Pg. 467 8.3.f View of south facade. Notice the glass block windows and vertical bands on the addition which is typical Packet Pg. 468 8.3.f Frances Anderson a� Edmonds Historical Museum) Notes on historic register nominations: Chapter 20.45.020 ECDC* states that if the Commission finds that the nominated property is eligible for placement on the Edmonds Register of Historic Places, the Commission shall make a recommendation to the City Council that the property be listed on the register with owner's consent. According to Chapter 20.45.040 ECDC, listing on the Edmonds Register of Historic Places is an honorary designation denoting significant association with the historic, archaeological, engineering or cultural heritage of the community. Properties are listed individually or as contributing properties to a historic district. No property may be listed without the owner's permission. Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in Section 20.45.000(H), the owner must request and receive a Certificate of Appropriateness from the Commission for the proposed work. Violation of this rule shall be grounds for the Commission to review the property for removal from the register. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a Certificate of Appropriateness. Packet Pg. 469 8.3.f Because Edmonds is a Certified Local Government (CLG), all properties listed on the Edmonds Register of Historic Places may be eligible for a special tax valuation on their rehabilitation. * Edmonds Community Development Code Packet Pg. 470 8.3.f 96'-6'i (REF) 5% (REF) 20'-6'_ (REF) 1S'-9', 44'-4% (REF) I (REF) o 3 5 w 7, 1952 Classroom Addition o w 1952 Administration Addition t O �(RE)O - v e 1947 School Building Addition 1952 AI- r teration Work (REF) '-z (REF)TZ o zz Original Elementary School Building i o - ii .F 1947 School Building Addition o w 1947 School Building Addition Y 160'-8'i: (REF) 95'-4'; (REF) 1947 All -Purpose Room High Moderate Low j Lower N a � ` � I I '� 0aytcn 54. VICINITY MAP L o Q 0 LL O N� a o � L O � to O l o L Wn Q C o cn _ U U N a0i •� N a L VV LL U) a � Seismic Vulnerability Map Q C d S K-1 U a Q Packet Pg. 471 8.4 City Council Agenda Item Meeting Date: 09/27/2016 Presentation on the Traffic Impact Fee Annual Report (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History For information only. Staff Recommendation None. Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 18.82.080(C) of the Edmonds Community Development Cod (ECDC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for the year end December 31, 2015. The City collected a total of $66,344.09 in traffic impact fees during 2015. These revenues combined with the 2015 beginning fund balance of $520,730.67 resulted in total available funding $587,074.76. On the expense side and in accordance with section 18.82.100 of the ECDC, the traffic impact fee fund paid $40,955.59 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. The traffic impact fund also paid $272,128 for the Five Corners Roundabout project and $57,383 for the 76th Ave & 212th St. Intersection Improvements Project. Attachments: 2015 Traffic Impact Fee Report Packet Pg. 472 8.4.a 2015 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Building Permit Fee Amount 01/07/15 BLD20141052 REC062310 Almark Corp vacant lot SFR X $1,196.33 8040 Cyrus Place 01/20/15 BLD20140634 REC062406 Jantz Investment parking garage Meeting Room Change of Use X $3,254.16 547 Dayton Street 02/13/15 BLD20150043 REC062571 Channel Marker restaurant Restaurant Additional sq. ft. X $2,583.66 120 West Dayton, #D1 02/19/15 BLD20140919 REC062628 K & M Home Construction vacant lot SFR X $1,196.33 17222 76th Ave W 02/23/15 BLD20141109 REC062654 Echelbarger Investments vacant lot SFR X $1,196.33 23913 104th Ave W 03/12/15 BLD20141126 REC062810 Denson vacant lot SFR X $1,196.33 7309 164th PI SW 03/16/15 BLD20150214 REC062816 Starbucks vacant lot Coffee Shop X $10,787.84 9801 Edmonds Way 03/19/15 BLD20141214 REC062850 Echelbarger Investments vacant lot SFR X $1,196.33 21814 86th PI W 03/30/15 BLD20150060 REC062933 Landsverk Quality Homes vacant lot SFR X $1,196.33 19317 88th Ave W 03/30/15 BLD20150061 REC062934 Landsverk Quality Homes vacant lot SFR X $1,196.33 19323 88th Ave W 04/10/15 BLD20150229 REC063033 Burnstead Construction vacant lot SFR X $840.72 23606 105th PI W 04/10/15 BLD20150167 REC063034 Burnstead Construction vacant lot SFR X $840.72 23602 105th PI W 04/10/15 BLD20150230 REC063035 Burnstead Construction vacant lot SFR X $840.72 23601 105th PI W 04/10/15 BLD20150231 REC063036 Burnstead Construction vacant lot SFR X $840.72 23605 105th PI W 04/10/15 BLD20150168 REC063037 Burnstead Construction vacant lot SFR X $840.72 23614 105th PI W Page 1 Packet Pg. 473 8.4.a 2015 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Building Permit Fee Amount 05/08/15 BLD20150125 REC063248 Echelbarger Investments vacant lot SFR X $1,196.33 21811 86th PI W 5/15/15 BLD20150360 REC063310 Select Homes vacant lot SFR X $1,196.33 9503 234th St W 5/19/15 BLD20150378 REC063327 Burnstead Construcion vacant lot SFR X $840.72 23617 205th PI W 5/19/15 BLD20150399 REC063328 Echelbarger Investments vacant lot SFR X $1,196.33 21815 86th PI W 6/2/15 BLD20150529 REC063435 Burnstead Construction vacant lot SFR X $840.72 23618 105th PI W 6/2/15 BLD20150528 REC063436 Burnstead Construction vacant lot SFR X $840.72 23622 105th PI W 6/12/15 BLD20140613 REC063545 622 Bell Street LLC demo/rebuild Townhome X $1,337.24 622 Bell Street 6/17/15 6/25/15 BLD20141014 REC063638 Pacific Ridge Homes vacant lot SFR X $1,196.33 22303 95th PI W 7/2/15 BLD20141314 REC063704 Bilanko vacant lot SFR X $1,196.33 542 Forsyth Lane 7/27/15 BLD20150498 REC063920 Select Homes vacant lot SFR X $1,196.33 20114 84th Ave W 7/28/15 BLD20140317 REC063945 Saunders vacant lot SFR X $1,196.30 15911 74th PI W 7/28/15 BLD20150400 REC063937 Echelbarger Investments vacant lot SFR X $1,196.33 21812 86th PI W 7/31/15 BLD20150007 REC063981 Select Homes demo/rebuild SFR X $1,196.33 18300 Sunset Way 8/17/15 BLD20150322 REC064143 Kidd vacant lot SFR X $1,196.33 932 Olympic Ave 8/27/15 Page 2 TRANSFERS 2015 Fund Name I Reference Transferred Total PWTF Annual JE150112 Loan Payment JE150155 5 Corners Roundabout V- O 0. $551,130 4' R O $552,326 Q d $553,167 ui t U M $554,363 E w $555,204 L H $556,045 LO $557,382 0 a� -$40,955.59 N $516,427 Li $517,623 E $518,819 w cc L H $520,016 u7 r O N $521,212 N E $522,408 v R r r Q $523,604 $524,801 -$272,128.00 Packet Pg. 474 8.4.a 2015 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Building Permit Fee Amount 9/8/15 BLD20150718 REC064321 Gilbert Construction vacant lot SFR X $1,196.33 19228 Olympic View Drive 9/10/15 BLD20150641 REC064335 Omalley vacant lot SFR X $1,196.33 754 Bell Street 9/28/15 BLD20150960 REC064501 Burnstead vacant lot SFR X $840.72 23635 105th PI W 9/28/15 BLD20150959 REC064502 Burnstead vacant lot SFR X $840.72 23631 105th PI W 9/28/15 BLD20150375 REC064509 Mietzner demo/rebuild SFR X $1,196.33 20607 85th PI W 9/29/15 BLD20150891 REC064532 The Trike Stop Office Daycare X $240.00 23105 100th Ave W 10/1/15 BLD20150951 REC064554 Bloom Learning Office Training Center Review Fee X $200.00 1233 Olympic View Drive 10/1/15 BLD20150951 REC064554 Bloom Learning Office Training Center X $2,052.00 1233 Olympic View Drive 10/12/15 BLD20150881 REC064629 Maston Properties vacant lot SFR X $1,196.33 22407 96th Ave W 10/13/15 BLD20150868 REC064635 Sprouts garage daycare X $2,529.45 20919 76th Ave W 10/19/15 BLD20151124 REC064673 Burnstead Construction vacant lot SFR X $840.72 23613 105th PI W 10/19/15 BLD20151125 REC064674 Burnstead Construction vacant lot SFR X $840.72 23621 105th PI W 10/22/15 BLD20150604 REC064715 Wurdeman vacant lot SFR X $1,196.33 707 Main Street 10/30/15 BLD20151085 REC064765 Burnstead Construction vacant lot SFR X $840.72 23629 105th PI W 10/30/15 BLD20151086 REC064767 Burnstead Construction vacant lot SFR X $840.72 23625 105th PI W 11/24/15 BLD20150910 REC064945 Classico Homes vacant lot SFR X $840.72 532 7th Ave S Page 3 TRANSFERS 2015 Fund Name Reference Transferred Total O 0. $253,869 4' R O $255,065 Q d $255,906 Li t U M $256,747 E w $257,943 L t— $258,183 LO r $258,383 0 a� $260,435 m a� LL $261,632 E $264,161 w cc H $265,002 Ln r O N $265,842 N E $267,039 v R r r Q $267,880 $268,720 Packet Pg. 475 8.4.a 2015 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Receipt Applicant Previous New Fee Collected With: Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Building Permit Fee Amount 11/30/15 12/15/15 BLD20151055 REC065084 Select Homes demo/rebuild SFR X $1,196.33 17500 72nd Ave W 12/22/15 BLD20151402 REC065127 Burnstead Construction vacant lot SFR X $840.72 23609 105th PI W 12/22/15 BLD20151040 REC065134 Select Homes vacant lot SFR X $1,196.33 18320 Sunset Way 12/29/15 BLD20151258 REC065153 Maston Properties vacant lot SFR X $1,196.33 21819 92nd Ave W TOTAL Traffic Impact Fess collected in 2015: $66,344.09 Interest Earned 2015 $0.00 TRANSFERS 2015 Fund Name I Reference Transferred Total JE150231 76th & 212th-$57,383.00 Intersection Imp. $212,178 R O $213,374 Q d $214,215 LL t U O $215,411 E w $216,608 L t— ti L0 2015 YEAR-END BALANCE $216,608 v 1= O a� d a� LL r U R E w cc L ui r O N r C N E t V R r r Q Page 4 Packet Pg. 476 8.5 City Council Agenda Item Meeting Date: 09/27/2016 Presentation of a Professional Services Agreement with MIG for the ADA Transition Plan (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward the item to the consent agenda for approval at a future City Council meeting. Narrative As a recipient of federal funds, the City is required to follow federal requirements related to the Americans with Disabilities Act. One of the requirements is to have a Transition Plan that, at a minimum, includes the following items: Identification of the physical obstacles in the public entity's facilities that limit accessibility to its programs or activities by individuals with disabilities, including those within the public right of way. A description of the methods that will be used to make the facilities accessible. A schedule for each facility and/or obstacle to be retrofitted. Identification of the official responsible for implementation of the plan. The City completed a Transition Plan in the 1990's. The proposed professional services will update the Plan to meet current requirements. The City has approximately 72 miles of public sidewalks and 23 traffic signals. Many of the existing pedestrian curb ramps do not comply with ADA requirements and some intersections have sidewalk with no curb ramp at all. Five consultants submitted Statement of Qualifications (SOQ's) for this project. MIG and Perteet were invited to an interview, following a review of the SOQ's by the Selection Committee. MIG was the final selection, based on their qualifications and experience in preparing similar Plans. Staff and the consultant have agreed on a scope of services and fee proposal for $96,121. The contract consists of the evaluation of the City right-of-way (sidewalk, curb ramps, and traffic signals) for ADA compliance, public outreach, and completion of the plan. A $4,500 management reserve is included, for changes that may be required during the development of the Plan. The project is scheduled to start in October 2016 and be completed by spring 2017. This project is in the 2016 Budget and will be funded by REET funding. Packet Pg. 477 8.5 Attachments: MIG Agreement Packet Pg. 478 8.5.a s CITY OF EDMONDS DAVE EARLING 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov l890 PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and MIG, Inc. hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the ADA Transition Plan; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $96,121. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. 1 Packet Pg. 479 8.5.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Pg. 480 8.5.a Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 481 8.5.a 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and Packet Pg. 482 licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: MIG, Inc. 815 SW 2nd Avenue, Suite 200 Portland, OR 97204-3022 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. 19. Critical areas. To the extent that the Scope of Work under this Agreement requires the Consultant to perform work in an environmentally critical area, the Consultant shall comply with any and all applicable provisions of ECDC 23.40 ("Environmentally Critical Areas General Provisions"). If such work falls within the definition of "minor site investigative work" authorized under ECDC 23.40.220(C)(9), the Consultant shall consult with the City regarding appropriate procedures to follow, and obtain separate written permission from the City to proceed before undertaking this work. DATED THIS DAY OF , 20 CITY OF EDMONDS MIG, INC. By By David O. Earling, Mayor Its ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 483 8.5.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 484 8.5.a EXHIBIT A ADA Transition Plan for the Right -of -Way Scope of Work The following scope of work addresses the requirements for developing an ADA Transition Plan for the Right -of -Way. TASK 1: PROJECT INITIATION Task 1.1: Project Initiation — City Meeting #1 Following the execution of a contract, MIG will meet with the City Project Manager and core project staff to refine the proposed tasks and schedule, including options and recommendations for staff and community involvement during the preparation of the ADA Transition Plan for the Right -of -Way. MIG will identify all necessary documents, GIS data, and materials to support the evaluation process and transition plan development. The final report format and proposed content will be reviewed and confirmed (RFQ Task 10). MIG: MIG project manager and civil engineer, and Transpo Group will attend the meeting in person. MIG principal will participate via conference call. City Staff: City Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with MIG. Task 1.2: Public Information Portal MIG recommends that the City designate a page on the City's website to ADA Title II topics and the ADA Transition Plan. The webpage will serve as an information portal for the Transition Plan process, meeting summaries, the project schedule, and more generally the City's ADA Title II Program. The public review draft of the plan will be posted on the page for public comment before the final presentation to Council. At the end of the project, the website will serve as the City's public information portal for the identification of the ADA Coordinator, the ADA grievance procedure, and requests for accommodations. MIG: MIG will provide city staff with planning project announcements and updates for the web page throughout the duration of the project. City Staff City staff will designate a page on the City's website dedicated to the Transition Plan and will update information as needed. TASK 2: EVALUATION OF THE RIGHT- OF-WAY (ROW) Task 2.1: Review City ROW Policies and Design Standards MIG will review existing policy documents related to pedestrian facilities to identify issues that should be addressed to ensure that policies are non- discriminatory to people with disabilities. Documents to be reviewed will include the City's design standards and other written City policy documents relating to the pedestrian environment such as the City's practices for construction, maintenance management practices for ensuring pedestrian accessibility, and project/program notifications. Based on the review MIG will make recommendations to modifications of the design standards and policies. This task is a required element of an ADA Transition Plan. Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way— 9.20.2016 I PAGE 1 Packet Pg. 485 8.5.a MIG: Standards - MIG will provide the City of Edmonds with a redlined set of their standard plans. Where a standard plan is substantially non -compliant and the detail requires replacement in its entirety, MIG will note to replace the standard plan instead of redlining all of the non -compliant items. Policies — MIG will review the planning and engineering policy documents regarding the right- of-way and provide recommendations for changes to meet ADA requirements. City Staff: Staff will provide MIG with direction on the various policy documents for review. Task 2.2: Conduct ROW Evaluation Strategy Session — City Meeting #2 MIG will conduct a ROW evaluation strategy session with City staff responsible for sidewalks, curb ramps and pedestrian signals. The strategy session will identify the areas of highest priority for pedestrian improvement based on the Federal ADA criteria and discuss specific prioritization criteria for the City of Edmonds. We will identify the areas of highest priority for pedestrian improvement which will inform the timeframe for the removal of barriers. At this meeting we will also discuss the process for evaluating the right-of-way which will inform Task 2.4. Documents to be reviewed prior to the workshop will include capital improvement plans, maintenance plans and any planning documents relating to future projects (RFQ Task 10). MIG: MIG principal, project manager and civil engineer will attend the meeting in person. MIG will facilitate the meeting. After the meeting MIG will provide a meeting summary. This meeting will be held on the same day as Task 2.3. City Staff.' City Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with MIG. Task 2.3: Stakeholder Advisory Committee — Public Meeting #1 MIG will work with the City's Project Manager to identify a preliminary Stakeholder Advisory Committee (SAC) to provide review and perspective for the project in order to meet the requirements of a transition plan. A major task of the SAC is to spread the word about the Transition Plan to members and partners of the disabilities community, to provide insights during the barrier prioritization process, and to review the draft Transition Plan. The MIG team will facilitate two stakeholder meetings through the planning process. During the first meeting, the MIG team will present the City's work plan for the Transition Plan. MIG: MIG principal, project manager and civil engineer will attend the meeting in person. MIG will facilitate the meeting and collect information from the stakeholder committee for inclusion in the barrier removal priorities. MIG will prepare a meeting summary after the meeting that will be ready for posting on the City's website. City Staff.The City will provide any materials or meeting accommodations requested by the attendees, including ASL interpreters, alternative format documents or other program modifications. The City will provide the venue for meetings. Task 2.4: Develop Procedures for ROW Evaluation In coordination with City staff, MIG will prepare and customize the procedures needed to conduct the evaluation of the City's curb ramps, sidewalks including clearance hazards, rail crossings, and signalized intersections along the City's pedestrian PAGE-2 Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way — 9.21.2016 Packet Pg. 486 8.5.a access routes. The ROW evaluation process will be scaled to be the most efficient with available City resources for completing the project. MIG: The MIG Team will meet with City staff to review the draft procedures. City Staff. The City will review and provide feedback on evaluation procedures. Task 2.5: Conduct Facility Evaluations MIG will conduct evaluations of curb ramps, sidewalks, and pedestrian signals. Barrier data will be collected using tablets and stored in a real-time cloud database for immediate review. The data dictionary structure, which will include sidewalk, curb ramps, and pedestrian signals, will be updated in coordination with FHWA and WSDOT. Where possible, existing data like sidewalk shapefiles will be built upon to increase the speed of data collection. MIG: The results of the evaluation will be included in a summary report of the identified barriers which will identify whether curb ramps, pedestrian signals and clearances meet ADA standards (RFQ Tasks 1, 2, 5 and 6). Barrier data will be mapped and summarized to easily show where and how many barriers exist within the public right-of-way. City Staff. The City will review the results of the evaluations. Task 2.6: Develop Curb Ramp Inventory and Matrix MIG will develop a list of all existing curb ramps and identify whether or not they meet ADA standards as well as necessary upgrade(s) to make them ADA compliant. MIG will also identify curb ramps that cannot be made ADA compliant without curb ramp replacement based on site specific conditions (RFQ Tasks 3 and 4). a. c MIG: Based on the data collection process established in Task 2.4, MIG will identify the types c of upgrades needed for the inventory of curb ramps, and will apply the City's MEF information o to the inventory of curb ramps. Q City Staff.The City will review the inventory and matrix and provide comments. E Task 2.7: Barrier Removal Actions & Priorities Each identified barrier will have a recommended barrier removal action and priority with an associated cost estimate (RFQ Tasks 7 and 8). MIG will use the field evaluation data to prepare a spreadsheet listing recommended barrier mitigation options for the specific ADA deficiencies and apply the prioritization criteria discussed in Task 2.2. The spreadsheet will contain preliminary priorities, barrier removal actions and cost estimates for barrier mitigation including hard and soft costs. MIG: MIG will provide the recommendations and priorities for all barriers identified during Task 2.5. City Staff The City will review the spreadsheet of recommendations and priorities. Task 2.8: Transition Plan Phasing Schedule — City Meeting #3 MIG will facilitate a meeting with City staff to review the barrier removal actions and priorities provided in Task 2.6. The meetings will assist City staff to determine appropriate responses to mitigating barriers within the ROW and to develop a Transition Plan schedule for the removal of barriers (RFQ Tasks 8 and 10). It is not intended Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way— 9.20.2016 I PAGE 3 Packet Pg. 487 8.5.a that the recommendations included in this Transition Plan will be absolute or unconditional. It is expected that shifting programs, funding, facility improvements, and other factors will influence the prioritization and scheduling of access improvements. MIG: MIG project manager and civil engineer, attend the meeting in person. MIG principal will participate via conference call. City Staff. City Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with MIG. Task 2.9: ADA Implementation Data Upon the completion of Task 2.7, MIG will provide the City with GIS readable data containing all the barrier information collected in the public right-of-way, including relevant codes and barrier priorities (RFQ Task 9). The implementation data has proven effective in monitoring and reporting the removal of ADA barriers over time. If desired, the consultant team will work with City staff to develop procedures to maintain up-to-date data. MIG: MIG will provide the City with the GIS containing the results of Task 2.5 through 2.8. The City (if desired) will also receive the evaluation tool for maintaining the City's inventory. TASK 3: PREPARE THE ADA TRANSITION PLAN Task 3.1: Prepare the Draft ADA Transition Plan Based on the policy and design review, the ROW evaluations and the prioritization and scheduling process, MIG will prepare a Draft of the ADA Transition Plan. MIG will work with City Staff to prepare the schedule of barrier removals based on the facility prioritization and cost estimate information. The Draft plan will include: ADA Transition Plan requirements and process including: o The methodology employed for Plan development o Prioritization and scheduling process o Estimated budget for barrier removal ■ Identification of the ADA Coordinator ■ ADA grievance procedure ■ Public outreach process for Plan development ■ Transition plan phasing schedule ■ Program accessibility guidelines, standards, and resources ■ Appendices MIG: MIG will provide the Draft Plan in PDF format. City Staff Review the Draft Plan and provide comments for development of the public review draft. Task 3.2: Review Draft Transition Plan — City Meeting #4 MIG will meet with City Staff to review the edits to the Draft Plan. After City edits are incorporated into the plan, MIG will submit a preliminary Public Review Draft of the Plan to the Stakeholder Advisory Committee identified in Task 2.3 for review and comment (RFQ Task 10). MIG: MIG principal and project manager will meet with City staff via conference call to discuss revisions to the Draft Transition Plan. MIG will revise the draft prior to submitting the plan to the Stakeholder Advisory Committee. PAGE-4 Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way — 9.21.2016 Packet Pg. 488 8.5.a City Staff Attend a conference call to review the plan. Task 3.3: Stakeholder Advisory Committee — Public Meeting #2 During the second Stakeholder Advisory Committee meeting, the MIG team will present the Draft Transition Plan and receive comments and direction on the Plan. MIG will facilitate the meeting and collect information from the SAC for inclusion in the Transition Plan. MIG: MIG principal and project manager will attend the meeting in person. MIG will facilitate the meeting and collect information for inclusion in the Plan. MIG will prepare a meeting summary after the meeting that will be ready for posting on the City's website. City Staff: The City will provide any materials or meeting accommodations requested by the attendees, including ASL interpreters, alternative format documents or other program modifications. The City will provide the meeting venue. Task 3.4: Public Review Draft Transition Plan After City and SAC edits are incorporated into the plan, MIG will submit a Public Review Draft of the Plan for public distribution and comment on the City's website. MIG: MIG will provide a tagged PDF and Word document of the Plan for posting to the City's website. City Staff: The City will post the Public Review Draft to the website for comments. Task 3.5: Prepare the Final ADA Transition Plan for the Right -of -Way After the receipt of the public comments, MIG will coordinate with City staff on additional edits to the Draft Plan and prepare the Final ADA Transition Plan. MIG: MIG will provide a final Word and PDF format of the plan for distribution. Task 3.6: On -going Management of Communication, Budget and Schedule MIG will maintain project files, invoicing, records of meetings, reports, and recommendations. MIG principal and Project Manager will be available and in communication with the City of Edmonds Project Manager and team throughout the project. The MIG Team will manage the project and schedule as well as provide quality assurance to deliver an exceptional product that meets the City's needs — on time and on budget. MIG: MIG project manager will communicate with the City at a minimum every two weeks. Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way— 9.20.2016 I PAGE 5 Packet Pg. 489 8.5.a Schedule The schedule on the following page anticipates this project being completed over a seven -month time period. Fee Proposal MIG's estimate of costs for the ADA Transition Plan for the Right -of -Way is provided on the last page. As in all of our projects, we anticipate working closely with the City to revise and tailor the scope and budget to ensure that they reflect the City's needs, resources and goals. Fees for any additional services outside the negotiated scope of work will be calculated based on the hourly personnel rates per staff person plus any reimbursable expenses. The hourly rates are included in the attached fee spreadsheet. Sub - consultant Transpo Group's fee includes the following positions: • Data Collection/Principal $120 • Data Collection/Manager $80 • Data Collection/Field Technician $60 Reimbursable expenses will be billed at cost plus 5%. These include travel expenses; delivery charges and mailings; printing; supplies and phone. The mileage charge for personal autos will be the currently applicable mileage rate established by the Internal Revenue Service. PAGE-6 Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way — 9.21.2016 Packet Pg. 490 8.5.a Estimated -. EFProject Tasks ♦ PROJECT ♦ • 1.1: Project Initiation — City Meeting #1 (D 1.2: Public Information Portal ♦ ♦ ♦ ♦ - 2.1: Review City ROW Policies and Design Standards 2.2: Conduct ROW Evaluation Strategy Session — City Meeting #2 2.3: Stakeholder Advisory Committee — Public Meeting #1 2.4: Develop Procedures for ROW Evaluation 2.5: Conduct Facility Evaluations 2.6: Develop Curb Ramp Inventory and Matrix 2.7: Barrier Removal Actions & Priorities 2.8: Transition Plan Phasing Schedule — City Meeting #3 2.9: ADA Implementation Data 3.1: Prepare the Draft ADA Transition Plan 3.2: Review Draft Transition Plan —City Meeting #4 3.3: Stakeholder Advisory Committee — Public Meeting #2 3.4: Public Review Draft Transition Plan 3.5: Prepare the Final ADA Transition Plan 3.6: On -going Management of Communication, Budget and Schedule. 2 CV G Scope of Work: Edmonds ADA Transition Plan for the Right -of -Way— 9.20.2016 I PAGE 7 Packet Pg. 491 City of Edmonds ADA EXHIBIT B Cost Categories Direct Labor Classification(s): Maximum Hourly Rate Task Project Hours 1.1� Initiation Amount■ Task ublic Information Portal Hours 1.2 Amoun77—Amount Task 2.1 Review City ROW Policies and d Design Standards Task Conduct ROW Strategy Meeting Hours 2.2 Evaluation Session — City #2 �� Amount ' Task 2.3 It Stakeholder Advisory Committee —Public Meeting #1 11 ours Amount 11� Task 2.4 �� Develop Procedures f ROW Evaluation 'ours Amount lo' 11f Task Conduct Evaluations Hours 2.5 Facility AmounAJMILHours Task Develop Inventory 2.6 Curb Ramp and Matrix AS. Amo.-Nmkffours Task 2.7 Barrier Removal Actions & Priorities Amount Task 2.8 Transition Plan Phasing Schedule — City Meeting #3 IOU Hours,lLAmount Project Associate 11 Project Associate I Project Assistant 11 Project Assistant I Direct Labor Fixed Fee 15%: Direct Costs Project Subtotal Administrative M!1!L-M JL Mk... $2,255 $9,83 MM $2,67JJMNh $3,33dMk1 U"NL $24,330 J& $2,570 $7,297 $2,487 Management Reserve PROJECT TOTAL W$3,419 26 $2,368 90 $10,326 20 $2,828 28 $3,521 24 $7,676 18 $26,653 21 $2,698 58 $7,662 20 $2,623 Attachment: MIG Agreement (1534 : MIG Agreement - ADA Transition Plan) City of Edmonds ADA (a) (b) (g) (h) (1) 0) (1) (i) (1) 0) 0) 0) (1) (i) 0) W (W) (X) Task 1 Task 3.1 Task 3.2 Task 3.3 Task 3.4 Task 3.5 Task3.60§ qq Grand Cost CategoriesTotal Maximum Hourly Rate - 1 i i i • i. 1 I- Review Draft Stakeholder Advisory i Draft i. 1. On -going Management (All tasks) 1.ta TransitiiTransition Transition Plan — City #4 Committee Meeting — Public #2 Communication, Budget Direct Labor ClassiricationLsL- Hours AmountMeeting iurs Amount HoursHours EngineeringPrincipal-in-Charge $ 88.46 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Tim Gilbert, ADA Principal -in -Charge $ 57.10 0 $0 4 $228 2 $114 8 $457 2 $114 1 $57 12 $685 49 $2,798 Vanessa Hostetter, Civil Engineer $ 42.10 0 $0 8 $337 0 $0 0 $0 0 $0 2 $84 0 $0 129 $5,431 Heather Buczek, Project Manager $ 38.46 4 $154 20 $769 2 $77 8 $308 6 $231 4 $154 34 $1,308 160 $6,154 ADA Access Specialist $ 29.81 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Project Associate II $ 27.17 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 12 $326 Project Associate I $ 25.24 0 1 $0 40 $1,010 2 1 $50 6 $151 12 $303 8 $202 6 $151 148 $3,736 Project Assistant II $ 25.00 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Project Assistant I $ 14.00 2 $28 8 $112 2 $28 2 $28 8 $112 4 $56 2 $28 46 $644 Direct Labor 6 $182 80 $2,456 8 $270 24 $944 28 $760 19 $553 54 $2,172 544 $19,088 Overhead & Fringe (ine G&A) 173.5%: $315 $4,261 $4681 $1,638 $1,318 $960 $3,769 0 $33,118 Fixed Fee 15%: $75 IL 1 $1,008 1 $111 1 $387 $312 1 $227 $891 0 $0 Direct Costs $0 $0 $0 $600 $0 $0 0 S1,675 Subconsultant: Transpo Group $1,300 $0 $0 $0 $0 $0 0 $28,400 Direct Costs: $0 $600 ' $0 ' 1 $0 I ;25 $30,075 $0 1 i Administrative Mark-up 5% $65 SO $0 S30 $0 $0 i $1,504 Management Reserve 5% $93.60 S386.24 $42.40 S178.44 $119.49 $86.98 $342.87 1 $4,506 Attachment: MIG Agreement (1534 : MIG Agreement - ADA Transition Plan) 8.6 City Council Agenda Item Meeting Date: 09/27/2016 Presentation of a Supplemental Agreement with Herrera Environmental Consultants for the Stormwater Management Code Update (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward the item to the consent agenda for approval at a future Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in January 2015 to hire a consultant to provide consulting engineering services to Update the Stormwater Management Code and Associated Documents. The City received statements of qualifications from four engineering firms and the selection committee chose Herrera Environmental Consultants to provide consulting engineering services to the Stormwater Management Code and Associated Documents. On May 11, 2015 the City entered into a $97,932 contract with Herrera Environmental Consultants. The City proposes entering into a $123,236 Professional Services Supplemental Agreement with Herrera Environmental Consultants. The contract includes: developing LID standard details, developing checklists and educational handouts, Phase 2 staff training, and Phase 2 project management and contract administration. The supplemental portion of the contract is scheduled to be completed by mid-2017. Completion of the tasks in the 2015 Professional Services Agreement will be predicated upon finalizing the Stormwater Code Supplement. The total fee for the Professional Services Agreement is $221,168, including a management reserve of $11,000 for any unexpected tasks that may come up during the supplemental work. Attachments: Herrera Supplemental Agreement Packet Pg. 494 Original Contract No. Supplemental Agreement 1 No. CITY OF EDMONDS DAVE EARLING 1215T"AVENUE NORTH - EDMONDS, WA98020 - 425-771-0220 - FAX425-672-5750 MAYOR Website: www.edmondswa.gov 0 igg° PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Update the Stormwater Management Code and Associated Documents WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Herrera Environmental Consultants, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Update the Stormwater Management Code and Associated Documents project, dated May 11, 2015; and WHEREAS, additional tasks to the original Scope of Work have been identified to develop LID standard details, developing checklists and educational handouts, Phase 2 staff training and Phase 2 project management and contract administration; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of May 11, 2015 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $97,932 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $123,236 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $221,168 ($97,932 plus $123,236). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. Packet Pg. 495 8.6.a 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of CITY OF EDMONDS Bv: Mayor David O. Earling ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 20 HERRERA ENVIRONMENTAL CONSULTANTS By: _ Title: SAStati\Megan\Engineering Admin\PROJECTS\E5FB.Stm Code Update\Herrera.Supp Ldoc Packet Pg. 496 8.6.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: SAStati\Megan\Engineering Admin\PROJECTS\E5FB.Stm Code Update\Herrera.Supp Ldoc Packet Pg. 497 EXHIBIT A SUPPLEMENTAL SCOPE OF WORK City of Edmonds Update Stormwater Management Code and Associated Documents On May 11, 2015, the City of Edmonds (City) issued a contract (#6522) to Herrera Environmental Consultants (Herrera) for updating the City's Stormwater Management Code (currently ECDC Chapter 18.30) and the 2010 Stormwater Code Supplement. The scope of work for this contract included the following tasks: ■ Task 1 — Background Information Review and Working Sessions ■ Task 2 — Technical Analysis, Options, and Opportunities ■ Task 3 — Develop a New Supplement/Addendum/Manual ■ Task 4 — Expand and Refine Stormwater Management Code ■ Task 5 — City Council and Public Outreach Support ■ Task 6 — Staff Training Resources ■ Task 7 — Project Management/Contract Administration On August 1, 2016, the City requested Herrera to prepare a supplemental scope of work under this contract to provide additional support and technical assistance during the City's code adoption process (designated Phase 2 of the project). This supplemental scope of work includes a discussion of the activities, assumptions, and deliverables associated with the following tasks: ■ Task 8 — Develop LID Standard Details ■ Task 9 — Develop Checklists and Educational Handouts ■ Task 10 — Phase 2 Staff Training Resource ■ Task 11 — Phase 2 Project Management/Contract Administration ■ Task 12 — Unanticipated Task Reserve CPD Solutions will work with Herrera staff on this project (referred to in this scope of work as the Herrera team). Task 8 — Develop LID Standard Details The Herrera team will develop a suite of standard construction details for low impact development (LID) BMPs to support projects on private parcels in the City. The details will meet Washington State Department of Ecology standards and be tailored for the City's needs. We will work with the City to develop a set of design details that result in constructible, functional, maintainable, and aesthetic facilities. Interagency workshops will be held with public works, design review, inspection, transportation, and maintenance staff to get early and on -going input on the details. September 21, 2016 1 of 6 Herrera Environmental Consultants Packet Pg. 498 8.6.a SUPPLEMENTAL SCOPE OF WORK The suite of LID standard details will include all of Ecology's "On -site Stormwater Management" BMPs. Details will include up to 44 detail sheets: Number Detail BMP Details Sheets • Material Sections — Pervious Concrete • Material Sections — Porous Asphalt Permeable • Material Sections — Permeable Pavers 8 Pavement • Subsurface Check Dams • Subsurface Outlets • Edge Treatments 3 sheets Bioretention • Bioretention Sections with Optional Underdrain and Rain (adjacent to multiple surface types — landscape, paved) Gardens • Rain Garden Sections (adjacent to multiple surface types — landscape, paved) • Inlet — Curb Cut • Inlet — Downspout Conveyance • Inlet — Vegetated Conveyance 12 • Outlet — Overflow Structures • Outlet — Vegetated Conveyance • Check Dams (2 sheets) • Planting Zones — Plan/Section • Edge Treatments • Outlet — Orifice Controls Bioretention • Rain Garden Plan/Section for Sidewalk Mitigation and Rain • Roadside Bioretention Planter with Parking (Step -out Gardens in the Zone) — Plan/Section (2 sheets) Right -of -Way • Roadside Planter without Parking— Plan/Section (2 9 sheets) • Roadside Curb bulb Planter — Plan/Section (2 sheets) • Planter Edge Treatments • Inlets — Trench Drain Curb Cut Dr ell • Dr ell Plan/Section 1 Infiltration . Infiltration Trench Plan/Section I Trench Downspout • Plan for Dispersion Trench/Splashblock Options (with Dispersion setbacks) 2 • Plan/Detail for dispersion trench Sheet Flow . Plan/Detail for flat to moderately sloping driveways I Dispersion Concentrated • Plan/Detail for steep driveways 1 Dispersion Perforated . Plan/Profile/Section 1 Stub -out September 21, 2016 2 of 6 Herrera Environmental Consultants Packet Pg. 499 8.6.a SUPPLEMENTAL SCOPE OF WORK Connection Post - Construction Soil Quality • Section I and Depth Vegetated . Section showing layers I Roof General • Utility Crossings (2 sheets) • Utility Conflicts (3 sheets) 6 • Cleanouts Assumptions ■ The City will provide the CAD files for the existing set of standard details (Attachment I of #E72B). ■ The drawings will be developed as 8 1/2 x I I sheets using the City's CAD standards. ■ Standard details will be developed based on existing CAD files including the City's standard details (Attachment I of #E72B), City of Seattle Stormwater Manual figures, City of Seattle RainWise details, City of Seattle standard plans, and San Francisco LID typical details. ■ Details will reference existing specifications (e.g., City of Edmonds, Ecology, WSDOT, Seattle, and regional permeable pavement specifications). ■ While the level of effort required will vary by detail, it is assumed that 14 of the 44 details will simply require conversion of existing details to City of Edmonds CAD standards (assuming 2 hours per detail on average). Revisions for the remaining 30 details assume: 0 2 hours of engineer time will be required to markup existing LID details for interagency input (on average). 0 5 hours of engineer time and 5 hours of CAD time will be required per detail (on average). ■ One 2-hour meeting will be held with City staff to kick-off work on this task and confirm selected details for development. ■ One 2-hour coordination meeting will be held with interagency staff to review existing standard drawings (with mark-ups) and discuss how best to tailor the drawings to suit the city's needs. ■ Four 2-hour coordination meeting will be held with interagency staff to address technical issue and/or review the draft LID BMP details. ■ For each meeting/workshop, up to 4 hours of engineer time is assumed to develop meeting minutes, document decisions, and provide other follow- up support. ■ Comments on the mark-ups of existing LID BMP details and draft LID BMP details will be compiled and reconciled by city staff. September 21, 2016 3 of 6 Herrera Environmental Consultants Packet Pg. 500 8.6.a SUPPLEMENTAL SCOPE OF WORK Deliverables ■ Mark-ups of existing LID BMP details for interagency input (PDF files) ■ Draft set of LID BMP details (PDF files) ■ Final set of LID BMP details (CAD and PDF files) Task 9 — Develop Checklists and Educational Handouts Based on the revised Stormwater Code (Task 4) and new Stormwater Code Addendum (Task 3), the Herrera team will prepare checklists or educational handouts on the following topics for the general public, private developers, and/or City plan review staff to help facilitate the City's code implementation process: ■ Submittal Requirements for Category 1 Projects ■ Submittal Requirements for Category 2 Projects ■ Submittal Requirements for Construction Stormwater Pollution Prevention Plans ■ Field and Design Procedures for Bioretention, Permeable Pavement, Rain Gardens, and Downspout Infiltration ■ Field and Design Procedures for Infiltration Basins and Trenches ■ Methods for Determining Infiltration Rates ■ Design/Review checklists for specific BMPs: o Soil Preservation and Amendment o Sheet Flow Dispersion o Concentrated Flow Dispersion o Bioretention Cells, Swales, and Planter Boxes o Permeable Paving o Rain Gardens o Downspout Infiltration o Downspout Dispersion o Perforated Stub -out Connections In addition to these topics, the budget for this task includes resources for the development of checklists or educational handouts for up to five additional topics to be identified at a later date. Assumptions ■ One 2-hour meeting will be held with Edmonds staff to kick-off work on this task and confirm selected topics for the development of checklists or education handouts. ■ Up to two additional 2-hour meetings will be held with Edmonds staff to review and discuss draft checklists or education handouts. ■ Additional review and coordination will occur via phone and email ■ Checklists or educational handouts for each topic will be 1 to 6 pages in length. September 21, 2016 4 of 6 Herrera Environmental Consultants Packet Pg. 501 8.6.a SUPPLEMENTAL SCOPE OF WORK Deliverables ■ Draft set of checklists or educational handouts for up to twenty topics ■ Final set of checklists or educational handouts for up to twenty topics Task 10 — Phase 2 Staff Training Resources Building on previously developed project case studies (Task 6) and newly developed checklists and educational handouts (Task 9), the Herrera team will develop a series of internal and external trainings on the revised Stormwater Management Code and new Addendum. Herrera will then participate in up to four training sessions: ■ Overview of stormwater code (1 hour) — internal staff training covering how we got here and what's new ■ Applying the stormwater code to development projects (3 hours) — internal staff training focusing on roadway project requirements during first 30-45 minutes ■ Applying the stormwater code to development projects (3 hours) — internal staff training ■ Stormwater code and available resources/tools (1 hour) — external training/public meeting Assumptions ■ Up to two staff from the Herrera team will participate in the 3-hour training sessions with City staff and the external training/public meeting. ■ One staff member from the Herrera team will participate in the 1-hour stormwater code overview for City staff. ■ Up to two training sessions (Applying the Stormwater Code to Development Projects) will last up to three hours. ■ Up to two training sessions (Stormwater Code Overview) will last up to one hour. Deliverables ■ Draft and final PowerPoint slides for stormwater code overview training ■ Draft and final training exercise handouts based on the Task 6 case studies and PowerPoint slides for applying the stormwater code to development projects trainings ■ Draft and final PowerPoint slides for external training/public meeting Task 11— Phase 2 Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including tracking and updating the project schedule, preparing invoices, and coordinating work efforts with the City's project manager. Herrera's project manager (John Lenth) will have phone and e-mail contact with the City's project manager on an as -needed basis. September 21, 2016 5 of 6 Herrera Environmental Consultants Packet Pg. 502 8.6.a SUPPLEMENTAL SCOPE OF WORK Deliverables ■ Monthly invoices and progress reports ■ Project schedule Task 12 — Unanticipated Task Reserve (As Needed) A reserve budget amount has been included in the fee estimate for work under this task, which may include additional unanticipated labor or expenses not specifically identified in the scope of work tasks defined above. Such work items will be undertaken only after separate written authorization from the City. Assumptions The reserve budget amount for this task is capped at $11,000. September 21, 2016 6 of 6 Herrera Environmental Consultants Packet Pg. 503 EXHIBIT B HERRERA ENVIRONMENTAL CONSULTANTS Cost Estimate for City of Edmonds Update Stormwater Management Code and Associated Documents - Phase 2 Herrera Project No. 15-05994-001 Update Stormwater Management and Associated Documents - Phase 2 Task 8.0 Task 9.0 Task 10.0 Task 11.0 Task 12.0 TOTAL Number of Tasks: 5 Develop LID Standard Develop Checklist and Phase 2 Staff Training Project Management / Unanticipated Task Details Handouts Resources Contract Administration Reserve COST SUMMARY Labor $70,833 $19,760 $6,250 $6,180 $0 $103,023 Travel and per diem $136 $39 $78 $0 $0 $253 Other direct costs (ODCs) $0 $0 $0 $0 $0 $0 Subconsultants $0 $5,120 $3,840 $0 $0 $8,960 Analytical laboratory $0 $0 $0 $0 $0 $0 Unanticipated task reserve $0 $0 $0 $0 $11,000 $11,000 GRAND TOTAL $70,969 $24,919 $10,168 $6,180 $11,000 $123,236 COST ITEMIZATION Labor (2016 rates) Personnel Rate/Hour Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost P7 Lenth, John Vice President $61.90 8 $495 4 $248 4 $248 24 $1,486 0 $0 40 $2,476 P5 Lancaster, Alice Engineer V $61.06 54 $3,297 0 $0 0 $0 0 $0 0 $0 54 $3,297 P4 Dugopolski, Rebecca Engineer IV $44.97 0 $0 48 $2,159 24 $1,079 0 $0 0 $0 72 $3,238 P3 Feller, Meghan Engineer III $39.56 248 $9,811 0 $0 0 $0 0 $0 0 $0 248 $9,811 P3 Prescott, Todd CAD Technician III $36.50 184 $6,716 0 $0 0 $0 0 $0 0 $0 184 $6,716 P3 Forester, Kathryn Landscape Architect III $35.00 16 $560 0 $0 0 $0 0 $0 0 $0 16 $560 P3 Sytsma, Anneliese Engineer III $32.21 0 $0 96 $3,092 16 $515 0 $0 0 $0 112 $3,608 F3 Saavedra, Robin Accounting Administrator III $28.00 0 $0 0 $0 0 $0 12 $336 0 $0 12 $336 3 Wadkins, Shannon Administrative Coordinator III $27.19 0 $0 12 $326 0 $0 0 $0 0 $0 12 $326 Subtotal Direct Labor 510 $20,879 160 $5,825 44 $1,842 36 $1,822 0 $0 750 $30,368 Labor Overhead (OH) @ 195.00% $40,715 $11,358 $3,592 $3,552 $0 $59,217 Fee on Burdened Labor @ 15% $9,239 $2,577 $815 $806 $0 $13,438 SUBTOTAL LABOR (Direct Labor+OH+Fee) $70,833 $19,760 $6,250 $6,180 $0 $103,023 TRAVEL AND PER DIEM COSTS Unit Cost Units Cost Units Cost Units Cost Units Cost Units Cost Units Cost Auto Use Mile $0.54 252 $136.08 72 $38.88 144 $77.76 0 $0.00 0 $0.00 468 $253 SUBTOTAL TRAVEL AND PER DIEM $136 $39 $78 $0 $0 $253 SUBCONSULTANT COSTS Rate/Hour Units Cost Units Cost Units Cost Units Cost Units Cost Units Cost CPD Solutions $160 0 $0.00 32 $5,120.00 24 $3,840.00 0 $0.00 0 $0.00 56 $8,960 SUBTOTAL SUBCONSULTANT $0 $5,120 $3,840 $0 $0 $8,960 Co iu Attachment: Herrera Supplemental Agreement (1537 : Herrera Supplement - Stormwater Code) 8.7 City Council Agenda Item Meeting Date: 09/27/2016 Authorization to contract with James G. Murphy to sell surplus city vehicles and surplus city equipment (5 min.) Staff Lead: Mike Adams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment for several years. We have consistently received the best prices and gotten quality service using this approach. It has proven to be the most cost effective option to manage our larger surplus items like vehicles and large equipment. Staff Recommendation It is recommended that authorization be given to Public Works to contract with James G. Murphy Auctioneers to sell (4) surplus city vehicles and (1) emergency power generator. Narrative The city would like to utilize the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following equipment: Unit# G-20-FAC 1992 20KW Generator SN# 92A-01588S (Removed from Fire Station 20) The following vehicles: Unit# 30-STM 1999 Chevrolet C10 Pickup Vin# 1GCEC19V1XZ166812 Unit# 447-POL 2011 Ford Crown Victoria Vin# 2FABP7BV6BX149447 Unit# 86-PRK 1999 Dodge 3500 Flatbed Vin# 3B6MC652XM557551 Unit# 90-PRK 1999 Dodge 3500 Flatbed Vin# 3B6MC3653XM5658700 Packet Pg. 505 8.8 City Council Agenda Item Meeting Date: 09/27/2016 Authorization to contract with Pick-N-Pull to scrap totaled city vehicles (5 min.) Staff Lead: Mike Adams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Previously, the city has utilized the services of Pick-N-Pull to scrap totaled surplus city vehicles. This has proven to be a cost effective method to manage totaled vehicles. Staff Recommendation It is recommend that authorization be given to Public Works to contract with Pick-N Pull to scrap (2) totaled city vehicles. Narrative The City currently has two Police patrol vehicles that have been involved in accidents severe enough to be declared a total loss, i.e. the cost to repair exceeds the repaired value of the vehicle. It is recommended the City again utilize the services of Pick-N-Pull to scrap these totaled and surplused city vehicles. This has proven over many years to be the most cost effective method to manage scrapping of totaled vehicles. The following vehicles: Unit # 651-POL 2008 Ford Crown Victoria Vin # 2FAHP71V18X145651 (Total) Unit # K93-POL 2007 Ford Crown Victoria Vin # 2FAHP71W27X125433 (Total) Packet Pg. 506