StaffReport_SM-08-26.pdf
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
nd
Project:
162 Street Park Î Shoreline Substantial Development Permit
File Number:
SM-2008-26
Date of Report:
June 24, 2008
From:
____________________________
Gina Coccia, Associate Planner
Public Hearing:
July 3, 2008 at 3:00 P.M.
rd
City Hall: Brackett Room (3 Floor)
th
121 5 Avenue North, Edmonds WA 98020
I.SUMMARY OF PROPOSED ACTION:
The owner and applicant (City of Edmonds Parks & Recreation Department) has applied for a
Shoreline Substantial Development Permit (ÐSSDPÑ or ÐShoreline PermitÑ) to install a planned
North Edmonds neighborhood Ðoverlook mini-parkÑ at the northwest corner of the intersection of
thndnd
Place West and 162 Street SW (Ð162 Street ParkÑ), which is located in the Single-Family
75
Residential (RS-20) zone. A portion of this appears to be located within 200Ó of the Ordinary
High Water Mark (OHWM) and is thus subject to Shoreline Permit review. Projects subject to
Shoreline Permit review require compliance with Edmonds Community Development Code
(ECDC) 20.55 (Shoreline Permits).
The City Council reviewed and approved the professional services agreement for the design of
nd
Street Park (and associated walkway project) on September 4, 2007, and several public
the 162
hearings were held in the Spring of 2008 on the design of the proposal an on the updated Parks,
Recreation and Open Space element of the Comprehensive Plan (the adopted version is dated
May, 2008, see Exhibit 11 for excerpts applicable to this project).
The neighborhood park improvements consist of adding pedestrian park entries at the southeast
th
Place West, and park amenities
and northwest corners of the property, a new sidewalk along 75
including a Ðclimbing rock jumble,Ñ Ðhill slide chute,Ñ a rock sail boat fleet grouping for
sunbathing and playing, a swing set, tables and benches, an interpretive overlook, a walking path,
a drinking fountain, a portable toilet, and lots of new landscaping (Exhibit 7). The applicantÓs
narrative (Exhibit 6) does an excellent job of summarizing the existing conditions, the history of
this site, neighborhood and City Council involvement, and the park plans for this site.
The following is staffÓs analysis of the project.
Exhibit 1
SM-2008-26
nd
162 Street Park
SM-2008-26
II.GENERAL INFORMATION:
1.Request
:
A Shoreline Substantial Development Permit (ÐSSDPÑ or ÐShoreline PermitÑ) at
th
Place West (Exhibits 2, 3, and 5).
16113 75
2.Review Process:
Shoreline Substantial Development Permit Î the Hearing Examiner
conducts a public hearing and makes the final decision. The final decision of the City on the
permit is then filed with the Department of Ecology and the Attorney General within eight
days of the final city action. No construction authorized by an approved Shoreline Permit
may begin until 30 days after the final city decision on the proposal. This restriction shall be
stated on the permit.
3.Major Issues:
a.
Compliance with the Comprehensive Plan.
b.
Compliance with ECDC 16.20 (RS Î Single ÎFamily Residential).
c.
Compliance with ECDC 23.10 (Shoreline Master Program).
d.
Compliance with ECDC 23.40 (Environmentally Critical Areas General Provisions) and
23.80 (Geologically Hazardous Areas).
e.
Compliance with ECDC 20.55 (Shoreline Permits).
f.
Compliance with ECDC 20.100 (Hearing Examiner Review).
4.Owner:
The City of Edmonds (Exhibit 5).
5.Applicant:
City of Edmonds Parks & Recreation Department, represented by Jaime
Hawkins, Capital Projects Manager and Brian McIntosh, Director of Parks & Recreation
(Exhibit 5).
6.Tax Parcel Number:
00513105900800 & 00513105901000.
th
7.Location:
16113 75 Place West (Exhibit 2).
8.Zoning:
Single-Family Residential (RS-20).
9.Acreage / Square Footage:
0.39 acres (per Snohomish County AssessorÓs data) or roughly
16,988 square feet; 0.65 acres (28,635 square feet) of developable park area per the
applicantÓs narrative (Exhibit 6, page 1).
nd
10.Access:
The site is accessed off of 162 Street SW, which is designated a Ðlocal streetÑ
11.Existing Use:
Vacant.
12.Proposed Use:
Neighborhood overlook mini-park, as planned for in the Comprehensive
Plan.
III.HISTORY / BACKGROUND:
The applicant has taken this project, along with review of the Parks, Recreation and Open Space
Comprehensive Plan, before the City Council for review and hearings on several occasions. The
plans were reviewed at City Council on March 18, 2008 and recommended to a public hearing
that was held on April 15, 2008. The adopted Comprehensive Plan element is dated May, 2008
(Exhibit 11). The applicant applied for a building permit on March 5, 2008 (BLD-2008-0182)
and for this Shoreline permit, which are both currently under review.
IV.SEPA THRESHOLD DETERMINATION:
Page 2 of 10
nd
162 Street Park
SM-2008-26
A Determination of Nonsignificance (DNS) was issued for the proposed Shoreline Substantial
Development Permit on May 7, 2008 (Exhibit 12). The appeal period expired on May 21, 2008,
and no appeals were received. One public comment was received on May 21 (Exhibit 13) and a
response to Mr. Nguyen was issued the following week. An Environmental Impact Statement
(EIS) was not required for the proposal, because the impacts likely to occur due to the specific
request were not determined to be so significant and adverse that they could not be adequately
mitigated by the application of existing development regulations. The City received a standard
“the District presently has sufficient electric
form letter from PUD on May 28 indicating that
system capacity to serve the proposed development.”
Both the applicant and the City have
complied with the requirements of ECDC 20.15.A.
V.PUBLIC HEARING NOTICE:
A ÐNotice of ApplicationÑ and a ÐNotice of HearingÑ were published in the Herald Newspaper,
posted at the subject site, as well as the Public Safety Complex, Community Development
Department, and the Library. All notices were also mailed to residents and owners within 300
feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public
Hearings and Notice), as well as the specific requirements of 20.55.020 (Shoreline Permits Î
Notice, see Exhibit 10).
VI.TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the CityÓs Fire Department, Engineering
Division, Parks and Recreation Department, and the Public Works Department (Exhibit 8). No
comments were made, with the exception that the Parks & Recreation Department noted that they
will be involved in the development of the park and responsible for the maintenance and
operation after completion.
VII.NATURAL ENVIRONMENT:
Topography:
1.
The site contains steep slopes (Exhibits 3 and 7). The project must comply
with the CityÓs Critical Areas provisions regarding steep slopes. The project is also within
the Earth Subsidence & Landslide Hazard Area (formerly known as the ÐMeadowdale AreaÑ)
and proposals are subject to the review requirements in ECDC 19.10 (Building Permits Î
Earth Subsidence and Landslide Hazard Areas). The applicant has submitted a building
permit application for review under file number BLD-2008-0182.
2.Soils:
According to the Soil Survey of Snohomish County Area, Washington, this
“Alderwood gravelly sandy loam”
neighborhood consists of (Map Unit Symbols 3 and 4).
3.Critical Areas:
A Critical Areas Checklist was submitted under file number CRA-2008-0040
and it was determined that there are geologically hazardous areas on or adjacent to the
property, and a study will be required to ensure compliance with ECDC 23.40 and ECDC
23.80 with any development review.
4.Wildlife:
None noted during site visits.
5.Vegetation:
The site is overgrown with grasses and vegetation (mostly blackberry). New
landscaping is proposed for this site (Exhibit 7).
VIII.NEIGHBORHOOD CHARACTERISTICS:
Page 3 of 10
nd
162 Street Park
SM-2008-26
This site is located in the middle of a single-family residential neighborhood, and east of the
Commercial Waterfront (CW) zone. It is surrounded by properties with the same Single-Family
Residential ÐRS-20Ñ zoning designation, except for the CW zone located west of the Burlington
Northern Railroad. Properties further north are zoned ÐRS-12.Ñ The site known as the
ÐMeadowdale MarinaÑ is just west of this site. This property is located within the North
Edmonds Earth Subsidence and Landslide Hazard Area, and subject to the requirements of ECDC
19.10. This north Edmonds neighborhood was annexed into the City on 8/1/1963.
IX.COMPREHENSIVE PLAN:
“Single Family Urban 1.”
The Comprehensive Plan designation for this site is The City of
Edmonds Comprehensive Plan contains goals and policies for parks and recreation projects.
Excerpts from the Parks, Recreation and Open Space Comprehensive Plan are shown below and
included as Exhibit 11.
nd
Street Park
There are two maps included in Exhibit 11. The ÐExisting PlanÑ shows that the 162
is planned for park use (Park #37). The ÐRecommended Plan Î FacilitiesÑ map shows that it is a
proposed Neighborhood Park. Pages 4-2 through 4-3 explain how the service area for
Neighborhood Parks is considered to be a half-mile radius, and that they are important in
providing convenient access to residents. Pages 5-1 through 5-2 detail the shoreline use and
“provide visual access to the water
access functions of parks. Specifically, and objective is to
where possible by developing viewpoints where topography, the BNSF Railroad, or other
features prevent direct access.”
This park is sited in an appropriate location to achieve this goal.
Pages 6-1 through 6-4 discuss the implementation policies for creating these parks, and
nd
recommends design features consistent with the 162 Street Park plan (childrenÓs play areas,
unstructured open play areas, picnic areas, internal trails/paths, drinking fountains, benches, etc.).
X.PUBLIC CONCERNS:
To date, two public comment letters have been received, from Mr. Nguyen (Exhibit 13) and Mr.
Ruggiero (Exhibit 14). Both staff and the applicant will be addressing the publicÓs concerns at
the Public Hearing. It is important to note that the normal procedure for citizens to follow in
getting help with noise or safety problems is to call 911.
XI.APPLICABLE CODES:
1.
ECDC 16.20 (RS – Single-Family Residential)
A.
Neighborhood parks are a permitted primary use in the RS zones, pursuant to ECDC
16.20.010.A.5.
B.
Development standards in the RS-20 zone are conformed through the building permit
process and are shown on the following page, pursuant to ECDC 16.20.030:
Minimum Minimum Maximum Maximum Minimum
Minimum Minimum Minimum
Zone
Lot Area Lot Width Height CoverageParking
StreetSideRear
Page 4 of 10
nd
162 Street Park
SM-2008-26
Setback Setback Setback Spaces
RS-20 20,000 SF 100Ó 25Ó 35Ó & 10Ó 25Ó 25 35% 2
C.
It appears that the improvements proposed will meet the required setbacks.
D.
It appears that the improvements proposed remain under the 25Ó height limit (the rock sail
boat is shown as 9Ó tall).
E.
The maximum lot coverage for this site is approximately 5,945 square feet. It appears
that the project remains well under the maximum lot coverage permitted.
2.
ECDC 23.10 (Shoreline Master Program)
A.
The project area appears to be within 200Ó of the OHWM as shown on the plate maps
(Exhibit 4, Plate 5).
B.
ECDC 23.10.105 identifies this project areas as a ÐSuburban Residential IÑ shoreline
“the upland area
environment. The area is described in ECDC 23.10.105.B.3 as
adjacent to the east of the eastern boundary of the ‘urban railroad’ environment which is
zoned RS-20.”
C.
The chart of shoreline uses indicates that Public Parks and Recreational Facilities in the
Suburban Residential I shoreline environment require a Shoreline Substantial
Development Permit.
D.
ECDC 23.10.130 requires that developments containing environmentally sensitive areas
must comply with local, state, and federal laws pertaining to developments in these areas,
and specifically designed so that the hazards from impact on the critical area will be
mitigated.
E.
The following definitions in ECDC 23.10.045 are applicable to this park project:
1.
400. Public Access. ÐShoreline public accessÑ 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.
2.
430. ÐPublic parkÑ 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.
3.
440. ÐPublic use areaÑ 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.
F.
ECDC 23.10.060 through 23.10.095 provides goals and policies for the following
elements: shoreline use, economic development, circulation, public access, recreational,
conservation, historical/cultural, and urban design.
G.
ECDC 23.10.130-210 document general regulations for Shoreline Substantial
Development Permits. These regulations relate to Environmental Resources, Historic or
Page 5 of 10
nd
162 Street Park
SM-2008-26
Archeological resources, Parking requirements, Public Access, Public Parks and Public
Recreation, Filling, and Land Surface Modification. The proposed SSDP must address
these requirements.
H.
ECDC 23.10.130 provides general regulations for environmentally sensitive areas and
critical areas. This project is also subject to the requirements for ECDC 23.40 and 23.80
(for geologically hazardous areas). The applicant has submitted a geotechnical report
(Exhibit 9) indicating the suitability of the site for the proposed use. Prior to
construction, an addendum to this report is required to ensure compliance with ECDC
23.40 and 23.80, and as long as these reports are complied with and as long as the project
moves forward as designed, no significant impact should result on environmentally
sensitive and critical areas.
I.
ECDC 23.10.135 provides general regulations for historical and archaeological resources.
There are no known historical or archaeological resources on the subject site (Exhibit 12,
page 8 of 11).
J.
ECDC 23.10.140 provides general regulations for parking. Because no off-street parking
is required for neighborhood parks pursuant to ECDC 17.50, the City is not reviewing the
project for compliance with parking requirements. No off-street parking is proposed with
this project. The site plan (Exhibit 7) indicates an existing informal gravel parking strip
along the southwest and east side of the property Î the existing gravel parking will be
improved with this project.
K.
ECDC 23.10.145 provides general regulations for public access. The proposal provides
ÐShoreline Public AccessÑ (as defined above), because neighbors have the ability to view
the water from this upland location and enjoy picnic areas, the overlook, and trails.
L.
ECDC 23.10.180 provides use regulations for public parks and public recreation
“This section allows for
facilities. Pursuant to ECDC 23.10.180.B.1 (Permitted Uses),
the development and use of a broad range of public parks. The level and scope of the
development, nature and extent of amenities, and type and intensity of activities in and
for each park will be determined by the city based on the physical environment, location,
surroundings and needs and demands of the community.”
This neighborhood park was
planned for in the Comprehensive Plan (Exhibit 11) based on public input and review by
the various City departments and by the City Council.
M.
ECDC 23.10.205 provides special regulations for filling. Fill is proposed for this project,
and all four criteria for permitting fill have been satisfied. This section requires fill to be
Ðnondissolving and nondecomposting,Ñ it must not contain organic or inorganic materials
that would be detrimental to water quality. Reiterating this code requirement as a
condition of approval seems appropriate.
N.
ECDC 23.10.210 provides general regulations for land surface modification. The project
has proposed the minimum necessary to suit the planned park use.
3.
ECDC 23.80 (Geologically Hazardous Areas)
Page 6 of 10
nd
162 Street Park
SM-2008-26
A.
A Critical Areas Reconnaissance Report was issued under file CRA-2008-0040, and it
was determined that further studies would be required for projects on this site. During
critical areas review, it was noted that the site has a gradual east-west slope of
approximately 20% (erosion hazard Î geologically hazardous area) and as steep as 50%
th
(landslide hazard Î geologically hazardous area) near 75 Place West.
B.
The proposal is located on or adjacent to a steep slope (Exhibits 3 and 7); projects
proposed for this site are subject to the requirements of ECDC 23.40 (Environmentally
Critical Areas General Provisions) and ECDC 23.80 (Geologically Hazardous Areas).
C.
A geotechnical report will be required and reviewed with the building permit, which will
need to address ECDC 23.40.090 (Critical Areas Report Î Requirements) and ECDC
23.80.050 (Special Study and Report Requirements Î Geologically Hazardous Areas),
ECDC 23.80.060 (Development Standards Î General Requirements), and ECDC
23.80.070 (Development Standards Î Specific Hazards).
D.
A preliminary geotechnical report was submitted for this project (Exhibit 9) and for the
building permit review (file number BLD-2008-0182), however additional information
specific to the critical areas ordinances was requested from the applicant during the
concurrent building permit review in order to ensure compliance with the above
provisions.
4.
ECDC 20.55 (Shoreline Permits)
A.
Pursuant to ECDC 20.55.030, the Hearing Examiner shall review and make
recommendations on shoreline permits as provided in ECDC 20.100.010 (Hearing
Examiner Review).
B.
This project is subject to review under ECDC 20.55, because the project area is
approximately 200Ó inland of the OHWM (Exhibit 4).
C.
Pursuant to ECDC 20.55.050, the Community Development Director shall file copies of
the following with the Department of Ecology and the Attorney General within eight
days of the final city action on a shoreline permit: (1) Decision: The final decision of the
city on the permit, and if the permit was approved, (2)Application: The application form,
site plan and vicinity map, (3) Environmental Data: The environmental checklist,
threshold determination, and the declaration of non-significance, and (4) Notice: The
affidavits of notice.
D.
Effective Date Î 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. This restriction shall be stated on the permit.
5.
ECDC 20.100 (Hearing Examiner Review)
A.
Pursuant to ECDC 20.100.010.B.3, the Hearing Examiner shall review and make
decisions on Shoreline Permits.
B.
The applicant has applied for a Shoreline Permit under file number SM-2008-26.
XII.CONCLUSIONS:
Page 7 of 10
nd
162 Street Park
SM-2008-26
1.
The proposal appears to be consistent with the Single-Family Residential (RS-20)
development standards in ECDC 16.20.
2.
The off-street parking regulations in ECDC 17.50 are not applicable to this parks project.
3.
The proposal appears to be in compliance with the Shoreline Master Program (ECDC 23.10).
4.
The proposal is subject to critical areas review requirements for geologically hazardous areas.
The applicant has submitted a geotechnical report (Exhibit 9), however an addendum to this
report is required in order to adequately mitigate the impact to any critical areas on or
adjacent to the property. Said geotechnical report will be reviewed with the building permit
application, file BLD-2008-0182 and Planning staff will determine if the addendum meets the
requirements of ECDC 23.40 and ECDC 23.80. Environmental resources will be protected if
the addendum to the geotechnical report is complied with.
5.
This project is within the North Edmonds Earth Subsidence and Landslide Hazard area, and
the building permit is subject to the requirements in ECDC 19.10.
6.
The Shoreline Master Program has special regulations related to fill, including a requirement
that fill is Ðnondissolving and nondecomposting,Ñ and it must not contain organic or
inorganic materials that would be detrimental to water quality.
7.
The proposal is subject to Shoreline Permit review. The proposal has been published as
required by ECDC 20.55.020, and the required application materials have been submitted for
review. One of the requirements of this chapter states, ÐNo construction authorized by an
approved Shoreline Permit may begin until 30 days after the final city decision on the
proposal.Ñ Also, after the Hearing Examiner makes a decision, the City is required to file
copies of the decision to the Department of Ecology and the State Attorney General for
review.
8.
The proposal is subject to review by the Hearing Examiner (ECDC 20.100).
9.
The Public Hearing is scheduled for Thursday July 3, 2008, and public comments are
encouraged up until the close of the hearing.
10.
The two public comments received (Exhibits 13 and 14) cite concerns including the
following: vehicle traffic, parking, the potential for illegal railroad trespassing, the potential
for illegal beach access, police presence/security/safety, estimated park hours and signage,
the potential for alcohol and drug consumption, an increase in noise, an increase in trash.
Some of these concerns were responded to in writing (Exhibit 13), however, the applicant
should be prepared to respond to all of the concerns raised in the pubic comment letters and
any concerns raised at the hearing.
11.
The proposal appears to be consistent with the Comprehensive Plan, especially the Parks,
nd
Recreation and Open Space Plan (see section IX of this report). The 162 Street Park has
been planned for and is included in the Comprehensive Plan (Exhibit 11).
12.
The Shoreline Substantial Development Permit to allow the proposed park improvements
should be approved, because it is consistent with the applicable code sections.
XIII.RECOMMENDATIONS:
Page 8 of 10
nd
162 Street Park
SM-2008-26
APPROVAL
Based on the analysis and attachments to this report, staff recommends of the
nd
Shoreline Substantial Development Permit for the 162 Street Park with the following
conditions:
1.
An addendum to the existing geotechnical report shall be submitted for review with the
building permit that specifically addresses the critical areas regulations for geologically
hazardous areas (ECDC 23.80 and ECDC 23.40).
2.
All fill will need to be Ðnondissolving and nondecomposting,Ñ and it must not contain organic
or inorganic materials that would be detrimental to water quality.
3.
As required by 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.
This application is subject to the requirements contained in the Edmonds Community
Development Code. It is the responsibility of the applicant to ensure compliance with the
various provisions contained in these ordinances.
XIV.PARTIES OF RECORD:
th
1.
: 121 5 Avenue North, Edmonds WA 98020
Planning Division
th
2.
, Capital Projects Manager: 121 5 Avenue North, Edmonds WA 98020
Jaime Hawkins
3.
, Director of Parks & Recreation: 700 Main Street, Edmonds WA 98020
Brian McIntosh
4.
: 10028 Marine View Drive, Mukilteo WA 98275
Chien Dinh Nguyen
5.
: PO Box 6159, Edmonds WA 98026
Philip J. Ruggiero
XV.EXHIBITS:
1.
Staff Report
Page 9 of 10
nd
162 Street Park
SM-2008-26
2.
Zoning & Vicinity Map
3.
LiDAR /Aerial Vicinity Map
4.
OHWM Shoreline Map (Plate 5)
5.
Land Use Application
nd
6.
ApplicantÓs Narrative on the 162 Street Park Project
7.
Site Plan and Design Details
8.
Technical Committee Memos/Comment Forms
9.
Geotechnical Report
10.
Public Notices and Affidavits
11.
Comprehensive Plan
12.
SEPA: Determination, Environmental Checklist, & PUD Letter
13.
Public Comment Letter: Chien Dinh Nguyen (received 5/21/2008) + CityÓs Response
14.
Public Comment Letter: Philip J. Ruggiero (received 6/5/2008)
Page 10 of 10