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CITY OF EDMONDS
121 5t" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Port of Edmonds Restroom FINDINGS OF FACT,
Facilities CONCLUSIONS OF LAW AND
FINAL DECISION
Shoreline Permit and Design
Review
(PLN20140070 and
PLN20140071)
INTRODUCTION
The applicant has applied for a shoreline substantial development permit and design
review to construct two new restroom facilities for the Edmonds Marina. One of the
restrooms will replace an existing restroom. The applications are approved with
conditions.
ORAL TESTIMONY
Jan Machuga, Associate City of Edmonds planner, summarized the staff report. Ms.
Machuga noted that the restrooms would not impact any views of the shoreline. A
public trail is located waterward of the restrooms so the shoreline views from the trail
would not be adversely affected. Ms. Machuga also clarified that there is no set
Shoreline Permit and
Design Review P. 1 Findings, Conclusions and Decision
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standard for parking marinas, that the code requirement is simply that parking is to be
set by the examiner.
Marla Kempf, deputy director of the Port of Edmonds, noted that parking at the
marina is usually sufficient. About ten times per year when there are multiple events
on the waterfront parking can be a little tight. Fifty stalls were added a couple years
ago.
Alvin Rutledge noted that the Port and City must work together. He wanted to know
about the hours of operation of the restrooms and whether events would be added to
the use of the marina. He noted that liability and insurance coverage should be
considered.
Ms. Kempf clarified that one of the restrooms will continue to be open to the public
generally from dawn until dusk. The other restroom will be open 24 hours per day
for tenants and guests of the marina.
EXHIBITS
The July 30, 2013 staff report along with its 22 attachments were admitted into the
record as Exhibit 1 at the hearing. All references to "att." in this decision are
referring to the attachments of the staff report. The staff power point was admitted as
Exhibit 2.
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is the Port of Edmonds.
2. Hearing. The Hearing Examiner conducted a hearing on the application
on May 14, 2015 at 3:00 p.m. at the Edmonds Public Safety Complex in the Council
Chambers.
Substantive:
3. Site/Proposal Description. The applicant has applied for a shoreline
substantial development permit and design review to construct two new restroom
facilities for the Edmonds Marina. One of the restrooms will replace an existing
restroom. The restrooms will be specifically located within the 100 and 300 blocks of
Admiral Way within 200 feet of the Puget Sound shoreline.
One of the proposed restroom facilities (the Taos facility) will replace an existing
restroom facility located at the northwest corner of the Port's dry -stack boat storage
yard. The second proposed restroom facility (the Cheyenne facility) will be new to
Shoreline Permit and
Design Review p. 2 Findings, Conclusions and Decision
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the site and will be located just east of the Port's overhead boat launch a short
distance south of the marina office. Refer to Attachment 3 for a vicinity map and
Attachments 4 and 5 for detailed narratives provided by the applicant describing the
proposal. The Cheyenne restroom facility will be 72 feet landward of a bulkhead, and
the Taos restroom facility will be 21 feet landward of a bulkhead (Attachment 11).
Both facilities will be 12 feet in height above average grade.
4. Characteristics of the Area. The subject site is located in the Commercial
Waterfront (CW) zone (Attachment 9). Immediately surrounding properties are
within the CW and Public Use (P) zones, while other properties within the vicinity of
the site are located within the Master Plan Hillside Mixed -Use (MP), Open Space
(OS), General Commercial (CG), and Community Business (BC) zones.
Development within the vicinity of the subject site includes the Edmonds Marina,
Port offices, boat storage, a public shoreline walkway, restaurants, the Edmonds
Yacht Club, boat sales and repair, workyards, parking, etc. The BNSF railroad is
located in the vicinity the subject site, and the properties located on the opposite side
of the BNSF railroad are developed with multi -family residential, the Harbor Square
complex, and the Edmonds Marsh.
5. Adverse Impacts. There are no adverse impacts associated with the
proposal. Since one restroom is being replaced and a new second restroom of
nominal size is being added to an already completely built environment, it is
reasonable to conclude that the proposal's impacts will be nominal. Impacts are more
specifically addressed as follows:
A. Critical Areas. The only critical areas for the project site is a seismic hazard
area. According to the project plans, the roof area of the Cheyenne facility
will be approximately 957 square feet and the roof area of the Taos facility
will be approximately 667 square feet (Attachments 6 and 7). These buildings
are not residential structures and will not be used as places of employment or
public assembly. Thus, the construction of the proposed restroom facilities is
an allowed activity within the Seismic Hazard Area without the need for
further critical areas study.
B. Shoreline Views. Shoreline views will not be adversely affected. Shoreline
views of users of the waterfront trail will not be adversely affected since the
trail is located waterward of the proposed restrooms. As determined in the
Conclusions of Law, the proposal meets shoreline view corridor requirements.
It is also noteworthy that the waterfront trail is located waterward of the
restrooms, such that the shoreline views of users of the trail will not be
adversely affected.
The applicant has provided a view corridor map, which is included as
Attachment 14. The Taos restroom facility will be located on Parcel No.
27032600200100, which has an average parcel width of approximately 760
feet. 30% of the average parcel width is 228 feet. The view corridor map
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Design Review p. 3 Findings, Conclusions and Decision
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indicates an existing view corridor of 240 feet located to the north of the
proposed Taos restroom (Attachment 14).
The Cheyenne restroom facility will be located on Parcel No.
27032300401400, which has an average parcel width of approximately 1,765
feet. 30% of the average parcel width is 529 feet. The view corridor map
indicates a view corridor of 400 feet between the Edmonds Yacht Club and
the building containing Arnie's restaurant. In addition to this corridor, there is
an approximate 100 foot view corridor between the Port office building and
the Edmonds Yacht Club, an approximate 180 foot view corridor between the
Port office building and the boat lift, and an approximate 200 foot view
corridor to the south of the Cheyenne restroom facility.
C. Parking and Traffic. The amount of parking serving the development is
adequate. Given the nature of the use, it is not anticipated that the restrooms
will create any significant new demand for parking or generate any significant
traffic. As testified by the applicant, parking has historically proven adequate
year round except for a handful of days per year when there are multiple
events held along the waterfront. The placement of the restrooms will also not
have any significant impact on existing parking or traffic flow. The Taos
restroom facility will replace an existing restroom facility, and the Cheyenne
facility will be located in an existing parking area. No new driveways or curb
cuts are proposed with the development. During building permit review, the
Engineering Division will ensure that the revisions to the parking lot are
properly striped and that any existing parking stalls that are altered meet
applicable Engineering standards.
D. Compatibility. The proposed restroom facilities are compatible with
surrounding uses. The surrounding area is heavily developed and commercial
in nature. In comparison, the proposed restrooms are of small scale and low
intensity. In a couple public comment letters, Shirley Oczkewicz and Sarah
Boyd expressed concerns over the building and roof colors and requested that
the colors blend in with the gray colors utilized for the surrounding Port
buildings (Attachments 20 and 21). The color elevation views of the proposed
restroom facilities indicate that the building facades will be white with a stone
base and the roofs will be blue (Attachment 8). ECDC 20.11.030(A)(2) states
that color should avoid excessive brilliance or brightness. The color elevation
views provided with the application do not appear to be excessively brilliant
or bright and will blend in with the surrounding colors of the marina.
E. Wildlife. The proposal will not adversely affect wildlife. Wildlife present on
the subject site is typical of the wildlife present in a waterfront location.
Within the immediately adjacent Puget Sound to the west are various fish and
marine mammals. Birds also frequent the area. Since one of the proposed
restroom facilities is replacing an existing restroom and the second proposed
restroom facility will be constructed over an existing paved parking area, it is
Shoreline Permit and
Design Review
p. 4 Findings, Conclusions and Decision
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not likely that the project would have a significant impact on any existing
wildlife in the area.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 20.01.003 provides the Hearing
Examiner with the authority to review and issue a decision upon shoreline
applications as Type III-B decisions. The requested design review is reviewed on its
own as a Type I decision. However, in this case the design review has been
consolidated with the shoreline permit to be heard by the examiner in accordance
with ECDC 20.01.002(B).
Substantive:
2. Shoreline and ZoninDesignations. The shoreline designation is Urban
Mixed Use I and the zoning designation is Commercial Waterfront ("CW").
3. Review Criteria and Application. As dictated by ECDC 20.55.060, a
shoreline substantial development permit is required because the proposal is located
within 200 feet of the Puget Sound ordinary high water mark and no exemptions from
WAC 173-27-040 are applicable. ECDC 20.55.030 provides that shoreline
substantial development permits must be consistent with the Edmonds Shoreline
Master Program ("SMP") as well as the policies of the Shoreline Management Act
and its implementing regulations, Chapter 173-14 WAC. The criteria for general
design review are set by ECDC 20.11.020 and 20.11.030. The applicable use
regulations of the SMP and policies of the SMA are quoted below in italics and
applied via corresponding conclusions of law. The design review standards, SMP
policies and SMA policies and regulations addressed in the staff report are adopted by
this reference as if set forth in full.
SMP Use Regulations
ECDC 23.10.155(B)(Use Regulations — Mixed Use Commercial): Permitted Use.
In the urban mixed -use I and II shoreline environments, the following are permitted
uses, developments and activities:
i. The principal uses permitted are mixed -use commercial activities and
developments, excluding medical, dental and veterinary clinics and drive-in
businesses.
ii. In addition to the principal uses listed above, accessory uses, developments,
and activities normally associated with mixed -use commercial development are
also permitted. This chapter also contains regulations on bulkheads and other
shoreline protective structures, moorage facilities, marinas, and other uses,
Shoreline Permit and
Design Review
p. 5 Findings, Conclusions and Decision
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developments and activities which may be conducted accessory to the principal
use.
4. The proposed restrooms are an accessory use supporting the mixed -use
commercial operations of the Edmonds Marina. The proposed use is permitted by the
criterion quoted above.
ECDC 23.10.155(D): Required Yards. The regulations of this subsection establish the
required yards for all buildings and other major structures associated with this use. No
building or other major structure may be located within the following required yards:
Environmentl.Setback
I Street
OHWMI
Side
Urban Mixed -Use I
0 feet
15 feet landward of bulkheads for buildings.
0 feet
60 feet landward of bulkheads for parking.3
Urban Mixed -Use II
0 feet
15 feet landward of bulkheads for buildings.4
0 feet
60 feet landward of bzdkheads for parking.
'The yards/setbacks shown under the column "OHWM" refer to bulkheads. If a bulkhead is
not present, the ordinary high water mark shall be used.
2 See subsection E of this section for view corridor requirements.
'In the urban mixed -use I environment, the 60 foot landward setback for parking 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 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 (i.e., the setback for parking shall be no less than 40 feet
from the bulkhead).
4Existing buildings may be reconstructed within their existing footprint provided there is at
least a 25 foot walkway waterward of the OHWM.
A minimum 15-foot setback is required from lot lines adjacent to suburban residential
shoreline environments (RS and RMzoning districts). This area must be fully landscaped and
include a minimum six-foot high fence or hedge.
5. The proposal complies with applicable shoreline yard requirements. The subject
parcels are not immediately adjacent to any RS or RM-zoned properties. As
determined in Finding of Fact No. 3, the Cheyenne restroom facility will be 72 feet
landward of the bulkhead, and the Taos restroom facility will be 21 feet landward of
the bulkhead. Thus, both buildings will comply with the minimum required 15 foot
setback landward of the bulkhead.
ECDC 23.10.155(E): Required View Corridors. The regulations of this subsection
establish the required view corridors for all buildings and other major structures
associated with this use. No building or other major structure may be located within
the following required view corridors:
Shoreline Permit and
Design Review p. 6 Findings, Conclusions and Decision
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1. 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 the
adjacent public right-of-way to and beyond the Puget Sound. This view corridor must
be adjacent to either the north or south property line, whichever will result in the
widest view corridor given development on adjacent properties. If the subject
property has shoreline frontage in excess of 1,000 feet, the city may require a
maximum of one-third of the required view corridor to be placed in a location
between the north and south property lines, in a location which will provide for the
greatest unobstructed view of the Puget Sound.
6. As determined in Finding of Fact No. 5(13), the proposals will leave 30%
unobstructed view corridors as required by the criterion above.
ECDC 23.10.155(G)(1): Upland of the OHWM..-
a. The maximum permitted height of structures in the urban mixed -use I and I1
shoreline environments is 30 feet above average grade level, except as specified
below:
i. Bridges and overpasses may exceed the maximum height limit with a shoreline
variance.
7. The applicant proposes a height of 12 feet above average grade, which is below
the maximum 30 feet limit imposed by the criterion quoted above.
ECDC 23.10.160(B)(Use Regulations — Moorage Structures and Facilities):
Permitted Use.
1. The principal use permitted in this section is moorage of watercraft...
8. The proposed restrooms support and are a part of the Edmonds Marina and thus
qualify as a permitted use under the criterion quoted above.
Shoreline Management Act Policies
RCW 90.58.020 Use Preferences
This policy (Shoreline Management Act policy) is designed to insure the development
of these shorelines (of the state) in a manner which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance
the public interest. This policy contemplates protecting against adverse effects to the
public health, the land and its vegetation and wildlife, and the waters of the state and
their aquatic life, while protecting generally public rights of navigation and corollary
rights incidental thereto... Alterations of the natural condition of the shorelines of the
state, in those limited instances when authorized, shall be given priority for single
family residences and their appurtenant structures, ports, shoreline recreational uses
Shoreline Permit and
Design Review p. 7 Findings, Conclusions and Decision
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including but not limited to parks, marinas, piers, and other improvements facilitating
public access to shorelines of the state, industrial and commercial developments
which are particularly dependent on their location on or use of the shorelines of the
state and other development that will provide an opportunity for substantial numbers
of the people to enjoy the shorelines of the state....
9. The proposal has no significant adverse impacts as determined in Finding of Fact
No. 5 while supporting the public interest by providing restroom facilities to both the
public and users of the marina. The proposal is consistent with the general purpose of
the Shoreline Management Act.
RCW 90.58.020(1)
Recognize and protect the statewide interest over local interest;
10. The proposal provides a needed public service for users of the shoreline without
any corresponding adverse impacts to the shoreline environment. The proposal is
consistent with the policy.
RCW 90.58.020(2)
Preserve the natural character of the shoreline;
11. The net increase in building space is nominal and both restrooms will be located
in areas already covered with impervious surface. The proposal will not create any
appreciable change to the natural character of the shoreline.
RCW 90.58.020(3)
Result in long term over short term benefit;
12. The proposal will enhance public use of the shoreline by providing a needed
public service with no corresponding adverse impacts. As a result, the proposal can
be considered to result in long term over short term benefit.
RCW 90.58.020(4): Protect the resources and ecology of the shoreline;
13. As determined in Finding of Fact No. 5, the proposal will not create any
significant adverse impacts, including impacts to the resources and ecology of the
shoreline. The proposal will be built in a fully developed area with no loss of natural
shoreline vegetation.
RCW 90.58.020(5): Increase public access to publicly owned areas of the
shorelines;
Shoreline Permit and
Design Review P. 8 Findings, Conclusions and Decision
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14. The proposal will not appreciably increase public access, but will enhance it by
providing a needed public service to users of the shoreline.
RCW 90.58.020(6): Increase recreational opportunities for the public in the
shoreline;
15. The proposal enhances recreational opportunities by providing a needed public
service. No additional recreational opportunities could be legally required of the
proposal.
DECISION
As conditioned below, the proposal meets all applicable shoreline and design review
requirements and the requested shoreline substantial development permit and design
review are approved.
1. This application is subject to all applicable requirements contained in the
Edmonds Community Development Code (ECDC). It is the responsibility of the
applicant to ensure compliance with all applicable requirements.
2. Compliance with Engineering codes and construction standards will be
reviewed with the building permit application for development of the site. Sanitary
sewers may require a pump if minimum slope requirements cannot be attained
when connecting to the existing system. Approval of the shoreline permit and
design review phase of the project does not constitute approval of the
improvements as shown on the submitted plans.
3. Pursuant to ECDC 20.55.060, "No construction authorized by an approved
shoreline permit may begin until 30 days after the final city decision on the
proposal."
4. The applicant is responsible for obtaining all local, state, and/or federal permits
or approvals applicable to the proposal and for following any conditions of such
permits or approvals.
Dated this 28th day of May 2015.
C �; 2 � , �:: �,- - - e- -
Phif A.Olbrochts
City of Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to closed record appeal to the City Council as
authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the issuance
Shoreline Permit and
Design Review
P. 9 Findings, Conclusions and Decision
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of this decision as required by ECDC 20.07.004(B). Reconsideration may be requested
within 10 calendar days of issuance of this decision as required by ECDC 20.06.010.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Shoreline Permit and
Design Review
P. 10 Findings, Conclusions and Decision