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2019-04-11 Hearing Examiner Agendau� Of EYMo�o Agenda Edmonds Hearing Examiner n Hy° COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 11, 2019, 3:00 PM CALL TO ORDER PUBLIC HEARING 1. Application by Sound Transit for Conditional Use Permit for Commuter Parking on the property of Edmonds Methodist Church located at 828 Caspers Street and zoned RS-12. (PLN20190006) ADJOURNMENT Edmonds Hearing Examiner Agenda April 11, 2019 Page 1 2.1 Hearing Examiner Agenda Item Meeting Date: 04/11/2019 Application by Sound Transit for Conditional Use Permit for Commuter Parking on the property of Edmonds Methodist Church located at 828 Caspers Street and zoned RS-12. (PLN20190006) Staff Lead: Amber Groll Department: Planning Division Prepared By: Amber Groll Background/History Sound Transit has submitted an application for a conditional use permit for a commuter parking lot on the property of Edmonds Methodist Church at 828 Caspers Street. Sound Transit would use 25 pre- existing parking spaces in the northern lot closest to Caspers Street and wouldn't create any new parking space. Edmonds Station, utilized by Sound Transit, is located 1.1 miles southwest of the proposed commuter parking lot. Immediately adjacent to the parking area is a Community Transit bus stop with a route to Edmonds Station. Conditional Use Permits are Type III-B decisions according to ECDC 20.01.003.A. Staff Recommendation Staff recommends that the Hearing Examiner APPROVE the requested conditional use permit (File No. PLN20190006) commuter parking lot at Edmonds United Methodist Church for Sound Transit. Narrative See attached staff report. Attachments: Staff Report with Attachments Packet Pg. 2 2.1.a `oe. Is q v CITY OF EDMONDS 121 51 Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edrnondswa.ga DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Sound Transit Commuter Parking Lot at the Edmonds United Methodist Church File Number: PLN20190006 Date of Report: Apra 4, 19 From: (% Amber Groll, Planner Public Hearing: April 11, 2019 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 - 5th Avenue North, Edmonds, WA 98020 SUMMARY OF PROPOSED ACTION Sound Transit has submitted an application for a conditional use permit for a commuter parking lot on the property of Edmonds Methodist Church at 828 Caspers Street. Sound Transit would use 25 pre-existing parking spaces in the northern lot closest to Caspers Street and wouldn't create any new parking space. Edmonds Station, utilized by Sound Transit, is located 1.1 miles southwest of the proposed commuter parking lot. Immediately adjacent to the parking area is a Community Transit bus stop with a route to Edmonds Station. Conditional Use Permits are Type III-B decisions according to ECDC 20.01.003.A. II. GENERAL INFORMATION 1. Owner: Edmonds Methodist Church 2. Applicant: Mary Nicholl, Sound Transit 3. Location: 828 Caspers Street (Attachment 6) 4. Tax Parcel Number: 27032400217101 5. Zoning: The subject property is zoned RS-12 (Single-family Residential with a 12,000 square foot minimum lot size). 6. Request: The applicants are requesting to establish 25 commuter parking spaces in an already existing parking lot at Edmonds United Methodist Church. 7. Review Process: For conditional use permit applications that require a public hearing (Type III-B decision), staff reviews the proposal and makes a recommendation to the Hearing Examiner on whether the proposal is consistent with the conditional use permit criteria of Packet Pg. 3 2.1.a ECDC 20.05.010, zoning ordinance, and the City's Comprehensive Plan. Following a public hearing, the Hearing Examiner makes the final decision on the conditional use permit. 8. Maior Issues: a. Compliance with Chapter 16.20 ECDC RS—Single Family Residential b. Compliance with ECDC 20.05 Conditional Use Permits 9. Lot Size: The project site is approximately 4.70 acres (per Snohomish County Assessor's records). 10. Existing Use: There is currently a 53,131 square foot church on the property that was constructed in 1959 according to the Snohomish County Assessor's webpage. The site also houses the Edmonds Food Bank and a Preschool, both of which have operations weekly. These additional uses create vehicle traffic along the west side of the church and in rear parking lots. III. SEPA THRESHOLD DETERMINATION Since the proposal does not create any new parking spaces, the proposal is exempt from State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(1). Therefore, the Applicant and the City have complied with the requirements of ECDC 20.15A. IV. PUBLIC NOTICE A "Notice of Application" was published in the Herald Newspaper, posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library on March 21, 2019. This notice was also mailed to property owners within 300 feet of the site using an adjacent property owners list provided by the applicant on March 21, 2019. The comment period for the Notice of Application ran for 15 days. Notice of application documentation is provided in Attachment 7. A "Notice of Public Hearing" was published in the Herald Newspaper, posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library on March 21, 2019. Notice of the public hearing was also mailed to property owners within 300 feet of the site. Notice of public hearing documentation is provided in Attachment 8. The City has complied with the noticing provisions of Chapter 20.03 ECDC and ECDC 24.80.080. V. TECHNICAL COMMITTEE This application was reviewed and evaluated by the Engineering Division. The Engineering Division preliminarily approves the design of the proposed development noting the information provided is consistent with the Engineering standards of Title 18 ECDC (Attachment 9). VI. NATURAL ENVIRONMENT Edmonds Methodist/Sound Transit Commuter Parking Conditional Use Application PLN20190006 Page 2 of 6 Packet Pg. 4 2.1.a 1. Topography: The majority of the property gently slopes down to the north/northwest; however, there is a berm along the eastern portion of the property with slopes of approximately 33 percent according to the City's LiDAR data. See Attachment 10 for a contour map of the site. 2. Soils: According to the Soil Survey of Snohomish County Area, Washington, the soils on the site consist of "Alderwood Urban Land Complex, 2-8% slopes." 3. Critical Areas: A critical areas determination was made under File No. CRA20170057 for the parcel containing the proposed development site (Attachment 10). Due to slopes on the property, the critical area determination found the site to contain geologically hazardous areas including potential erosion hazard areas. The project location is located outside of the identified erosion hazard area and does not require construction. 4. Wildlife: Wildlife associated with the property is typical of an urban environment. The site may be visited by song birds and small mammals. 5. Vegetation: The subject site contains existing landscaping typical of commercial development. The site contains the existing building, landscaped beds with large, mature trees and shrubs surrounding the church, larger grassy areas, and pavement for the parking and access drives. There is a small community garden on the northwest portion of the property. Existing vegetation will not be affected. 6. Shoreline: The subject property is not located within shoreline jurisdiction. VII. NEIGHBORHOOD CHARACTERISTICS The subject property is a church. The site and properties to the north, east, and south are zoned RS-12; 12,000 square foot minimum lot size. Properties immediately west are zoned RS-8; 8,000 square foot minimum lot size (Attachment 6). The existing development around the property consists of single-family residences with the exception of a few vacant lots also owned by Edmonds United Methodist Church. VIII. COMPREHENSIVE PLAN The subject site is located within the "Single Family - Resource" designation of the Comprehensive Plan. The site is also located within the Downtown Activity Center. The Comprehensive Plan has the following stated goals and policies for Residential Development that apply to this project. Downtown/Waterfront Area Goal B. Goal. Continue to plan for and implement improvements in the downtown/waterfront area that resolve safety conflicts while encouraging multi -modal transportation and access to the waterfront. 8.2 Plan for improvements to resolve transportation and safety conflicts in the downtown/waterfront area. B.3. Provide a more efficient transportation system featuring improved bus service, pedestrian and bicycle routes, and adequate streets and parking areas. This application will allow for the daily use of an existing church parking lot for commuters Edmonds Methodist/Sound Transit Commuter Parking Conditional Use Application PLN20190006 Page 3 of 6 Packet Pg. 5 2.1.a throughout the workweek. This parking is located next to transit allowing for multi -modal commutes and the relief of commuter parking immediately adjacent to Edmonds Station. Staff finds that the proposal is consistent with the City of Edmonds Comprehensive Plan. IX. APPLICABLE CODES 1. ECDC 16.20- Single -Family Residential A. ECDC 16.20.010 Uses The site is located in the single-family residential zone and is, therefore, subject to the requirements of ECDC Chapter 16.20. Specifically, commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. No changes are proposed to the site under the subject proposal. No structures are proposed (Attachment 5) — therefore, no calculations of setbacks or height are required. X. CONDITIONAL USE PERMITS — ECDC 20.05 Refer to the applicant's criteria statement for their analysis of the proposal's compliance with the criteria of ECDC 20.05.010 (Attachment 2). Pursuant to ECDC 20.05.010, no conditional use permit may be approved unless all of the following findings can be made: A. That the proposed use is consistent with the Comprehensive Plan. Refer to Section VI of this report for a discussion on consistency with the Comprehensive Plan. As stated above, the goals and policies of the Comprehensive plan relating to Downtown Activity Centers include plans for improvement to resolve transportation and safety conflicts in the downtown area as well as provide a more efficient transportation system featuring improved bus service, pedestrian and bicycle routes, and adequate streets and parking areas. This section of the Comprehensive Plan encourages transit access and service. The commuter parking lot supports the intent of this section. B. Zoning Ordinance. That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes of the zone district in which the use is to be located, and that the proposed use will meet all applicable requirements of the zoning ordinance. As discussed above, commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility are allowed or conditionally permitted in this zone. No changes are proposed on the subject site located within the Single -Family Residential, RS-12, zone. C. Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. Edmonds Methodist/Sound Transit Commuter Parking Conditional Use Application PLN20190006 Page 4 of 6 Packet Pg. 6 2.1.a C. Not Detrimental. That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. The subject proposal should not be detrimental to the public health, safety, and welfare, or injurious to other property and improvements in the vicinity. There will be no changes to the lot as the project will use existing lined spaces, not create any new parking spaces, and take access from existing access. The site will utilize existing utilities and will not require any new services. There is an existing bus stop immediately adjacent to the parking stalls that the commuters will utilize. D. Transferability. The hearing examiner shall determine wither the conditional use permit shall run with the land or shall be personal. If it runs with the land and the hearing examiner finds it in the public interest, the hearing examiner may require that it be recorded in the form of a covenant with the Snohomish County auditor. The Hearing Examiner may also determine whether the conditional use permit may or may not be used by a subsequent user of the some property. The applicant has indicated the desire for the requested conditional use permit to be non -transferable (Attachment 2). Based on the above analysis, staff finds that, with the recommended conditions of approval, the proposal is consistent with the conditional use criteria contained within ECDC 20.05.010. XI. PUBLIC COMMENTS To date, no written public comments have been received. Public comments can be received up until the close of the hearing. XII. CONCLUSION AND RECOMMENDATION Based on the analysis within and the attachments included with this report, staff finds the proposal is consistent with the conditional use criteria for approval listed in ECDC 20.02.010, the Comprehensive Plan, and the Zoning Ordinance. Staff recommends that the Hearing Examiner APPROVE the requested conditional use permit (File No. PLN20190006) commuter parking lot at Edmonds United Methodist Church for Sound Transit. 1. The conditional use permit shall not be transferable to subsequent property owners. XIII. APPEALS Pursuant to ECDC 20.07.004, a party of record may submit a written appeal of a Type III-B decision within 14 days after the date of issuance of the decision. The appeal shall be made in writing and shall include all required information stated in ECDC 20.07.004.D as well as the applicable fee. The appeal would be heard at a closed record hearing before the City Council according to the requirements of ECDC Chapter 20.07. XIV. PARTIES OF RECORD City of Edmonds Edmonds United Methodist Church 121— 5t" Avenue N 828 Caspers Street Edmonds Methodist/Sound Transit Commuter Parking Conditional Use Application PLN20190006 Page 5 of 6 Packet Pg. 7 2.1.a City of Edmonds 121— 5t" Avenue N Edmonds, WA 98020 Sound Transit 401 S. Jackson Street Seattle, WA 98104 XV. ATTACHMENTS Edmonds Methodist Church 828 Caspers Street Edmonds, WA 98020 1. Land Use Application 2. Applicant Project Description 3. Property Owner Letter of Authorization 4. Lease Agreement 5. Site Plans 6. Zoning and Vicinity Map 7. Notice of Application Documentation 8. Notice of Public Hearing Documentation 9. Engineering Division Memorandum of Compliance 10. Critical Area Determination CRA20170057 Edmonds Methodist/Sound Transit Commuter Parking Conditional Use Application PLN20190006 Page 6 of 6 Packet Pg. 8 2.1.a City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW ❑ COMPREHENSIVE PLAN AMENDMENT EIr' CONDITIONAL USE PERMIT ❑ HOME OCCUPATION ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: RECEIVED FEB 2 7 2019 DEVELOPMENT SERViCP-"S COUNTER • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • s3L PROPERTY ADDRESS OR LOCATION PROJECT NAME (IF APPLICABLE) PROPERTY OWNER „Edmnnds Methodist Church PHONE # (425) 778-2119 ADDRESS Same as Property Address E-MAIL FAX # TAx ACCOUNT # 00210 Use Code 691 Religious Activities SEC. 24 TWP. 27 RNG. S)3 DESCRIPTION OF PROJECTOR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) Sound Transit requests Conditional Use FeFI711t to i1t11lZe 25 £R15t1i1gparking Spaces as commuter parking at Edmonds MethQ&st - iirrh DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) Cee criteria statPmRnt for Fdmnnrl Mlsnrinal Code rnnStste_nry desar 2tinn_ APPLICANT Sound Transit PHONE # ADDRESS 401 S. Jackson St. Seattle, WA 98104-2826 E-MAIL FAX # CONTACT PERSON/AGENT Mary Nichol] PHONE # �206)903-7836 ADDRESS 4 t. Sggltle, WA 98104-2826 E-MAIL Marv.Nicholl@soundtransit.org FAX # (206)98-521 5 The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of the owner as listed below, "o SIGNATURE OF APPLICANT/AGENT DATE _ 7 11 C� Property Owner's Authorization 1, , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page 1 of I Attachment 1 I Packet Pg. 9 2.1.a 7 SouNoTRANSIT February 25, 2019 CHAIR Kiernan Lien John Marchione City of Edmonds Development Services Department Redmond Mayor 121 5 b Ave North Edmonds, WA 98020 VICE CHAIRS Kent Keel University Place Mayor Im Subject: Criteria Statement for Conditional Use Permit for Parking for Sound Transit Paul Roberts Y Commuters, Everett Councilmember M IL Edmonds United Methodist Church, 828 Caspers Street. BOARD MEMBERS M Dear Mr. Lien, Nancy Backus E Auburn Mayor 0 V Sound Transit is proposing to utilize an existing parking lot for Sounder Commuter Rail David Baker G parking at the Edmonds Methodist Church. On August 20, 2019, Sound Transit and the Kenmore Mayor Edmonds Methodist Church entered into a lease agreement for 25 existing parking Claudia Balducci spaces and associated signage in order to demarcate the commuter parking from regular King County Council Vice Chair church parking. The signs will provide the hours commuter parking is allowed (Monday Dow Constantine 00 through Friday between 5:OOAM and 7:OOPM) and a theft disclaimer. No parking spaces King County Executive will be removed and there is no need for additional parking spaces to be constructed. Bruce Dammeier c Pierce County Executive Sound Transit operates the Sounder Commuter Rail between Seattle and Everett, with Jenny Durkan stops in Edmonds and Mukilteo. Sounder operates four southbound trains during the Seattle Mayor morning commute period and four northbound trains during the evening commute. Dave Earling t Sound Transit has also collaborated with Amtrak, which operates one additional train in Edmonds Mayor each direction during both the morning and evening commute periods. The proposed Rob Johnson Q parking would serve as a temporary satellite lot for the Edmonds Station, due to the high Seattle Councilmember demand for commuter parking at the station. The parking lot could be served by a Joe McDermott 3 vanpool operating through a partnership with King County Metro to incentivize King County Councilmember c commuters into utilizing this parking lot. Q- N Roger Millar Washington State Secretary Under the Edmonds Community Development Code (ECDC), commuter parking lots of Transportation that contain less than 10 designated parking spaces in conjunction with a church, school, Kim Roscoe CO or local public facility allowed or conditionally permitted in single family residential Fife Mayor zones are considered permitted secondary uses. ECDC 16.20.010(B)(7)),If there are 10 p D' Dave Somers z or more such parking spaces, a conditional use permit (CUP) must be obtained for the Snohomish County Executive lot. Sound Transit has designated nine parking spaces for current commuter use in order Dave Upthegrove Q to comply with this requirement while it completes its CUP application. zing county Councilmember Pursuant to ECDC 20.05, four findings must be made before a CUP is approved. Each is Peter von Reichbauer zing county Councilmember addressed in Sound Transit's Criteria Statement, below. Victoria Woodards Tacoma Mayor CHIEF EXECUTIVE OFFICER Peter M. Rogoff Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Attachment 2 1 Packet Pg. 10 2.1.a City of Edmonds February 25, 2019 Page 2 Criteria Statement Criteria 1 and 2: Comprehensive Plan and Zoning Ordinance The proposed commuter parking use is consistent with the Comprehensive Plan and applicable zoning ordinances. Such use would occur on property zoned as Single -Family Residential (RS-12). The existing church use of the parcel falls under "Non-residential Conditional Uses in Residential Zones" in an area designated by the Comprehensive Plan for Single Family — Large Lots in the Downtown Activity Center. Activity Centers in Edmonds are intended to guide development of urban growth areas with specific development goals, including multimodal goals to encourage transit service and access. The Sounder Commuter Rail temporary parking lot would support this intent, as a convenient adaptive reuse of the existing church parking lot for commuters in the area during the workweek. Criterion 3: Not Detrimental The proposed use will not be significantly detrimental to the public health, safety, and welfare, or to nearby private property or improvements. Pursuant to ECDC 16.20.010.1), a CUP is required for commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in the RS-12 zone. The project is categorically exempt from State Environmental Policy Act (SEPA) threshold determination and Environmental Impact Statement requirements per WAC 197-11-800(1)(a)(iv) regarding minor new construction, including "parking lots for twenty or fewer automobiles not associated with a structure." In addition, no new buildings are proposed and the existing access points will not change; therefore, traffic safety around the Church will remain as it is currently. The project will not require additional public services or utilities, as it utilizes existing infrastructure. Criterion 4: Transferability Sound Transit requests that the CUP not be transferable. As described above, the proposed commuter parking use of the property is consistent with the City of Edmonds zoning, Comprehensive Plan, and exempt from SEPA for any adverse environmental impacts. The use will not be significantly detrimental to the public health, safety and welfare, or to nearby private property or improvements. Sound Transit requests that the CUP not be transferable. Sincerely, Mary Nicholl Senior Land Use Permits Administrator Sound Transit List of Exhibits A. Land Use Application Form B. Site Plan C. Letter of Authorization from Edmonds Methodist Church D. Adjacent Property Owners List Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Packet Pg. 11 Attachment 2 2.1.a Edmonds United Methodist Church February 25, 2019 Kiernan Lien RECEIVED City of FAmonds Development Services Department FEB 2 7 2019 121 5'h Ave North DEVELOPMENT SERVICE Edmonds, WA 98020 COUNTER S Subject: Application for Conditional Use Permit for Parking at Edmonds United Methodist Church Dear Kiernan Lien: Edmonds United Methodist Church owns the property located at 828 Caspers Street in Edmonds, Washington, Snohomish County parcel # 27032400217100 and parcel # 27032400217101. We currently have a Commuter Parking Lease with Sound Transit to lease nine (9) parking stops For SUPPlementsl commuter panting to Edmonds Station. Sound Transit desires to lease an additional fourteen (14) stabs, far a total of twenty-five (25) stalls. Pursuant to City of Edmonds Development Code (ECDC 16.20.010 (D)), a Conditional Use Permit is required for commuter parking lots with 10 or more designated spaces. Please accept this letter as authorization from Edmonds United Methodist to allow Sound Transit to apply for the Conditional Use Permit so we may lease additional parking stalls to them. Sincerely, EDMONDS UNITED METHODIST 13y: ' Its: Date: 2- .7e— _ ,� q Its: �` 'lU(il✓1yi2i,yl $ f �°Gi cif Date: c�L `a .S- -Zcf f 9 Packet Pg. 12 Attachment 3 2.1.a COMMUTER PARKING LEASE THIS PARKING LEASE (the "Lease") is entered into this 20th day of August 2018 by and between Edmonds United Methodist, a Washington nonprofit corporation, ("Landlord"), and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority organized under the laws of the State of Washington ("Tenant"). RECITALS A. Landlord is the owner of that certain improved parcel of real property located in the City of Edmonds, Snohomish County, Washington located at 828 Caspers Street, Edmonds, WA and legally described on the attached Exhibit A (the "Property"). B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord certain designated parking stalls at the Property as described and under the terms and conditions set forth in this Lease. AGREEMENT 1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, twenty-five (25) parking stalls located at the Property substantially in the locations depicted on the attached Exhibit B (the "Premises"). Landlord also grants to Tenant and its agents, employees, consultants, and invitees, a non-exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or earlier termination of the Lease. 2. Term. The term of this Lease shall commence on the day that Tenant's signage installation is complete (the "Commencement Date") and shall terminate one (1) year after the Commencement Date. Landlord and Tenant will execute a letter specifying the Commencement Date and termination date of the Lease. Prior to the expiration of the term, Tenant shall have the option of renewing this Lease for one additional one-year term by providing Landlord with sixty (60) days' written notice prior to the expiration of the then current term. Landlord is under no obligation to notify Tenant of this deadline. Failure to give the required renewal notice will make this renewal option null and void. During the renewal term, all terms and conditions of this Lease shall remain in effect, including the annual rate adjustment provision. Rent. a. Tenant shall pay monthly rent in the amount of $2,500.00 ($100.00 per stall per month). Tenant shall pay the rent in advance, on or before the first day of each month. If Tenant is in possession of the Premises for a portion of a month, the monthly rent shall be prorated for the number of days of Tenant's possession during that month. The parties agree that said payment is complete and full and that no further amount shall be due for any wear, maintenance or damage accruing to the Premises. b. If Landlord and Tenant elect to renew this Lease, the rent stated in subparagraph a. above shall be adjusted on the anniversary date of the commencement of the Lease by three percent (3%) per year. C. Tenant shall pay the entire rent payment for the initial one year term of the Lease within 30 days of the Commencement Date. Edmonds United Methodist Church Parking 1 Please Initial Attachment 4 1 Packet Pg. 13 2.1.a 4. Use of Premises. The Premises shall be used for commuter parking and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances and public regulations now or hereafter in effect. 5. Access and Use. Tenant shall have the exclusive right to use the Premises Monday through Friday between 5:00 AM and 7:00 PM. If December 24 falls on a Monday thru Friday, Landlord shall be granted the exclusive use of the Premises for that day. Landlord shall have and retain the right to use the Premises during other hours. Landlord reserves the ability to make other uses of the Premises which do not interfere with Tenant's use. Tenant shall have the right to enter upon the Premises at any time for purposes related to this Lease. 6. Signs. Tenant shall be permitted to install signage at the Premises at Tenant's expense. Tenant agrees that upon conclusion of the Term, it will remove all signs it placed on the Premises and will repair any damage caused by such removal. 7. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Tenant. 8. Compliance with Codes. Landlord will comply with government laws, statutes, rules, regulations, and/or ordinances that apply to the Premises during the term and any extension term, whether now in effect or hereafter adopted or enacted. Landlord will perform any subsequent improvements, repairs, replacements or renewals to the Premises in accordance with applicable laws, ordinances and regulations, including but not limited to, building codes, design guidelines and the ADA (Americans with Disabilities Act), by and at the sole cost and expense of Landlord. 9. Maintenance and Repairs. Landlord shall maintain the Premises in a state of good repair. Landlord shall be responsible for all costs associated with cleaning, maintaining and repairing the Premises. Tenant at its expense, will have one (1) ADA van -accessible space and one (1) ADA compliant space(s) marked prior to the Commencement Date. 10. Governmental Charges. Landlord shall indemnify and save Tenant harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 11. Accidents and Liability Insurance. Landlord or its agent shall not be liable for any injury or damage to persons or property sustained by Tenant or Tenant's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by Landlord's or its agent's negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its agents harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the extent caused by Landlord's negligence or breach of this Lease. Landlord and Tenant each agree to maintain commercially reasonable liability insurance on the Premises and to name the other as an additional insured. 12. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" Edmonds United Methodist Church Parking 2 Please Initial Attachment 4 1 Packet Pg. 14 insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise. 13. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by facsimile or by recognized overnight courier addressed as follows: If to Tenant: Sound Transit Attention: Property Management Manager 401 S. Jackson St. Seattle, WA 98104-2886 Phone: (206) 398.5152 Fax: (206) 206.689.4975 If to Landlord: Edmonds United Methodist 828 Caspers Street Edmonds, WA. 980205 15. Entire Agreement. This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. LANDLORD: EDMONDS UNITED METHODIST By: Its: Date: By: Its: Date: TENANT: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY LN Its: Date: Approved as to Form Sound Transit Legal Counsel EUMC Church Parking Lease_ Final. docx 3 Attachment 4 Packet Pg. 15 2.1.a 10[11"A WR 17 rC1 ' I STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed Name My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed Name My appointment expires Edmonds United Methodist Church Parking Attachment 4 Please Initial Packet Pg. 16 2.1.a FOR TENANT: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the of the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed Name My appointment expires Edmonds United Methodist Church Parking Attachment 4 Please Initial Packet Pg. 17 2.1.a EXHIBIT A LEGAL DESCRIPTION Parcel# 27032400217100: Section 24 Township 27 Range 03 Quarter NW - SEG'D FOR TAX PURP ONLY - CAAP ON N LN OF NW1/4 SE1/4 NW1/4589*39 OOE 564.76FT FR E LN 7TH ST PROD N TH S00*12 OOW 45FT TO POB TH SO4*19 10E ALG EXSTFENCE 290.34FT TH S03*53 50E 335.1OFT TH S89*43 08E 305.97FT TH N TAP WH IS S89*39 OOE 328.99FT FR TPB TH N89*39 OOW TO TPB (EXEMPT PER ST OF WA REG #00994-001) LESS 0.44 AC & BLDGS ON TAXABLE ACCT27032400217101 Parcel# 27032400217101: Section 24 Township 27 Range 03 Quarter NW - SEG'D FOR TAX PURP ONLY - TAXABLE 0.44 AC & BLDGS ON FDP: CAAP ON N LN OF NW1/4 SE1/4 NW1/4589*39 OOE 564.76FT FR E LN 7TH ST PROD N TH S00* 12 OOW 45FTTO POB TH SO4* 19 l0E ALG EXST FENCE 290.34FT TH S03*53 50E 335.1OFT TH S89*43 08E 305.97FT TH N TAP WH IS S89*39 OOE 328.99FT FR TPB TH N89*39 OOW TO TPB REFER TO 27032400217100 FOR EX PTN PER ST OFWA REG #00994-001 Edmonds United Methodist Church Parking Attachment 4 Please Initial Packet Pg. 18 2.1.a EXHIBIT B PREMISES Mr IWI- 0w , z Q Edmonds United Methodist Church Parking 7 Please Initial Attachment 5 1 Packet Pg. 19 WI 2.1.a CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION "(IC. 189V March 6, 2019 Mary Nicholl 401 S. Jackson St Seattle, WA 98104 Mary.nicholl@soundtransit.org SUBJECT: NOTICE OF COMPLETENESS FOR CONDITIONAL USE PERMIT APPLICATION, LOCATED AT 828 Caspers St FILE NO. PLN20190006 Dear Ms. Nicholl: Your land use application for a conditional use permit at 828 Caspers St (File No. PLN20190006) is considered complete pursuant to Edmonds Community Development Code (ECDC) 20.02.002. Please note, however, that although it has been determined that the application meets the procedural submission requirements and is therefore complete, additional information may be needed as staff continues with review of the application. Staff will contact you as our review continues if additional information is necessary. I will be the main staff contact for your application. If you have questions at any point during the review process, you may reach me at 425-771-0220 or via email at amber. rg oll(kedmondswa.gov. Sincerely, Development Services Department - Planning Division Amber Groll Planner Cc: File No. PLN20190006 Attachment 7 Packet Pg. 21 2.1.a FILE NO.: PLN20190006 APPLICANT: EUMC DECLARATION OF MAILING NOTICE OF APPLICATION AND PUBLIC HEARING On the 21 day of March, 2019, the attached Notice of Public Hearing was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. I, Diane Cunningham, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 21 day of March, 2019 at Edmonds, Washington. Signed: aIV L Attachment 8 1 Packet Pg. 22 2.1.a FILE NOs.: PLN20190006 Applicant: EUMC DECLARATION OF POSTING On the 21st day of March, 2019, the attached Amended Notice of Application was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Amber Groll, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 21st day of March, 2019, at Edmonds, Washington. Signed: ` Attachment 8 1 Packet Pg. 23 2.1.a `/) C. i a')., Notice of Application and Public Hearing — File # PLN20190006 NOTICE OF APPLICATION Description of Proposal: Edmonds Methodist Church is requesting a conditional use permit to allow Sound Transit to use the 25 parking spaces within the Church's parking lot for commuter parking on weekdays. The parcel is zoned Single Family Residential (RS-12). The review criteria for conditional use permits are found in Chapter 20.05 of the Edmonds Community Development Code (ECDC). Name of Applicant: Mary Nicholl — Sound Transit Location: 828 Caspers St, Edmonds, WA, Tax Parcel Number 27032400217100 File No.: PLN20190006 Date of Application: February 27, 2019 Date of Notice: March 21, 2019 Requested Permit: Conditional Use Permit Required Studies: None Date of Completeness: March 4, 2019 Other Required Permits: None Existing Environmental Documents: Critical Area Checklist Comments on Proposal Due: April 11, 2019 (see public hearing information below). Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Development Services Department, 121 - 5th Ave. N, Edmonds, WA 98020. Office hours are Monday - Friday from 8:00 a.m. to 4:30 p.m., (8:00 a.m. to noon only on Wednesday) or online through the City's website at hops://permits.edmonds.wa.us/citizen through the Online Permits link. Search for permit PLN20190006. City Contact: Amber Groll, Planner, (425) 771-0220, amber.groll@edmondswa.gov PUBLIC HEARING INFORMATION A public hearing before the Hearing Examiner will be held on Thursday, April 11, 2019 at 3:00 p.m. in the Council Chambers located at 250 - 5th Ave. N, Edmonds, WA 98020. Attachment 8 1 Packet Pg. 24 I 2.1.a I i City of Edmonds PLN20190006 0 0 188.08 376.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION I F. in vI, M Legend a L ArcSDE.GIS.STREET_CENTERLIN 7 — <all other values> E 1 O U 2 L O 5; 4 `~ N 9;71;7;8 to State Highways C -. <all other values> O - - 0 'a C 1 O U 2 rn C N E t V fC a+ Q t a+ 3 O a m c� r c m E R r r Q Notes United Methodist Church/Sound Transit Packet Pg. 25 1 Attachment 8 2.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH849223 PLN20190006 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 03/21/2019 and ending on 03/21/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $79.12. lo Subscribed and sworn before me on this ��►L BFq`t/it —au1t1+II+ 11 day of =O -*g Q1V c� �4� �y Uzi - 7`ir P �p�i / Cf } �- +�i1 i j AZ CAPV� _ c.11 1 O1 F Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 DIANE CUNNINGHAM Attachment 8 1 Packet Pg. 26 2.1.a Classified Proof CITY OF EDMONDS Na"ca of ApPiP' Pu6 earl NOTIGE OF APPLICATION Cescrinbon of Pv.. _ Ednwnds United methodist Church Is '*Lie0ng a condo con lMonol rme ppeermit to allow Sound Transit 10 use the 25 paritirg apacen Wlthtn !aC Churc" parking lot lorcommutof pparking on weekdays The Porte! Is zoned Single Faintly Reaklentia! {RS-txt. The review crilgria for condtlonel use perm& are found in Chapter 20.05 Of the Edmonds Community Development Code (EC DC), N of A aril: Mo%Nlchdll- 3"nd Transit Lceal'..n-. Ees-pen 81. Edmonga, WA, 'fps ParCOlNumher274524aQ217500 Flit No,, PLN20190006 DDaIA 1a1- Ou,ty77,2019 ae cBsiaCh 4, 24191e a uco:ltal[h 1. 2011) rrn" Candttional use Perm" Offirmon ired n te: None a es: NO rlvtronma tti gcuments: Critical Area Chockest e_gn`ro p NilF,Aodl 11. 2019 [sea pubic hearing !rite matwn Arty perS)n has the right to comment on I" appliralion during Una pi�llc comment period, rocelve noik:e and pardelpate in arry hoarir>$e, and request it copy of the declstpn On She aaplkalton. The Crly may accept pubic Compivnls at any lime pnor to the closing of me record d1 an Open record pro dacision healing, rr any, Or. it no open record posdecialon healing is provided. Odor to lfta dec lWori on the project perm". On, pa rtfos of roc eld as donned in ECDC 20.07.003 have standing to itaate an admlydabaWit appdaY. Infomration on this deveibproant application can he vlowed or Oblainrid at the City of Edmonds Developmain Services geparonont, 121 - Bill Avg. N, Edmdrs* WA 80020. Office hdtmi are Monday - Friday from 8:00 a.m. to 4:30 p.m., [8:00 R.M. to noon only on Wednesday} or onlru through "1e CrYys weballe at h"n5'l13)eirnilsod[ag nds.wa.uslc"V3e�r Ovougn the Online Petmita unk sent or pe mR 20190008. o c Amber Gr011, Planner, (425) 771.0220, ambgr.gnol edmondfiwa. v Pug C H RINC3INFO.0.TLOnI A pubilc hearing 6g Ora a eanng . or will be held on ThursdayT. Awl 17 _ 7 + Q D. . in Bthe Council Chambers cah led-a2b0 5fF7Lvc. tls. W Pubisbed• March 21. 2019, EDH848223 Proofed by Sheppard, Dicy, 03/21/2019 08:41:50 am Page: 2 Attachment 8 Packet Pg. 27 2.1.a r MEMORANDUM Date: March 13, 2019 To: Amber Groll, Planner From: Jeanie McConnell, Engineering Program Manager Subject: PLN20190006 — CU — Commuter Parking Edmonds Unitied Methodist Church — 828 Caspers Street Engineering has reviewed the subject application and found the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Sound Transit desires to lease from Edmonds United Methodist, a total of 25 parking stalls. Sound Transit currently leases 9 stalls and would like to lease an additional 14 stalls. The parking stalls to be utilized are existing and no parking lot striping modifications are proposed. Should parking lot revisions be required, the property owner would need to obtain a separate building permit to perform this work. Thank you. City of Edmonds Attachment 9 1 Packet Pg. 28 2.1.a CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION "C. 1 00" Critical Area Determination (CRA20170057) Based on a review and inspection of the subject site, staff has determined that one or more critical areas are located on or near the site. Critical areas are ecologically sensitive or hazardous areas that are protected in order to maintain their functions and values. Site Location 828 Caspers Street Tax Account Number 27032400217100 Property Owner Edmonds United Methodist Church Applicant Roy Chapel Critical Area(s) Present ❑ Wetlands (ECDC 23.50) ❑ Frequently Flooded Areas (ECDC 23.70) 0 Geologically Hazardous Areas (ECDC 23.80) © Erosion Hazard Areas ❑ Landslide Hazard Areas ❑ Seismic Hazard Areas ❑ Fish & Wildlife Habitat Conservation Areas ❑ Streams Site Descrintion The subject property is located on the south side of Caspers Street. The majority of the property gently slopes to the north/northwest; however, there is a berm along the eastern portion of the property with slopes of approximately 33 percent according the City's LiDAR information. Given the slopes on the property, there are areas on the site that qualify as a potential erosion hazard area. What does this mean? The critical area regulations are only triggered when an alteration is proposed to a critical area or its buffer. However, once an alteration in or near critical area is proposed, critical area studies and City review and approval may be required. Attachment 10 Packet Pg. 29 2.1.a What is an 'Alteration'? According to Section 23.40.005 of the Edmonds Community Development Code (ECDC): "Alteration" means any human -induced action which changes the existing conditions of a critical area or its buffer. Alterations include, but are not limited to: grading, filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. Michele,Q. Szafran, Planner Name, Title Signatu •e May 23, 2017 Date Cited sections of the Edmonds Community Development Code (ECDC) can be found at h ttp://www. codepublishing. com/WA/Edmonds Environmentally Critical Areas General Provisions (ECDC 23.40) Wetlands (ECDC 23.50) Frequently Flooded Areas (ECDC 23.70) Geologically Hazardous Areas (ECDC 23.80) Fish and Wildlife Habitat Conservation Areas (ECDC 23.90) City of Edmonds GIS map tool with approximate location of critical areas: http://maps.edmondswa.gov Page 12 Attachment 10 1 Packet Pg. 30 M k* #/I CHOOL '17" t Y'91 31-4 r. 7v Legend Erosion Hazard Areas 15% - 40% Landslide Hazard Areas M* 40% and greater Critical Area Map CRA20170057 828 Caspers St. Attachment 10 I Scale 1 inch = 100 feet Packet Pg. 31