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V-06-34 HE decision and staff report.pdf/-PC. 1 SO) ITY OF" EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 Website: wwwci.edmondsma,us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Trade Marx Signs for Pagliacci Pizza CASE NOs.: V-06-34, !C 1. & AP -06-41 LOCATION: 10200 Edmonds Way (see Exhibit A, Attachment 1) GARY HAAKENSON MAYOR APPLICATION: A street setback variance request for a new freestanding sign (see Exhibit A, Attachments 2 & 4), and an appeal of a staff determination that the proposed sign is a pole sign as opposed to a monument sign (see Exhibit A, Attachment 3). RE VIE W PROCESS: Hearing examiner conducts a public hearing and renders the final decision. MAJOR ISSUES: Compliance with the following: 1) Section 16.45.020; Neighborhood Business - Site Development Standards. 2) Section 20.60; Sign Code. 3) Chapter 20.85; Variances. 4) Chapter 20.105; Appeals and Court Review. ADB Recommendation: Approve Staff Recommendation: Appeal - Deny Variance - Deny Hearing Examiner Decision: ADB -06-33: Deny AP -06-49: Deny V-06-34: Deny After reviewing the official file, which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the Pagliacci application was opened at 3:10 p.m., May 18, 2006, in the Council Chambers, Public Safety Complex, Edmonds, Washington, and closed at 3:20 p.m. Participants Pagliacci V-06-34 pg I at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. HEARING COMMENTS: The following is a summary of the comments offered at the public hearing. From the City: Meg Gruwell, Senior Planner: Briefly summarized the history of the case, reviewed relevant criteria and provided staff s analysis and recommendation (see Exhibit A). From the Applicant: Michael Springer, Trade Marx Signs: Noted that the purpose of the sign is to alert travelers coming from the east of the location of the restaurant. Mr. Springer clarified the elevation drawings for the sign, noting that the entire support structure would be basically encased in narrow, rectangular box. Mr. Springer also reviewed the pictures of the approach to Pagliacci with the Hearing Examiner. From the Community: No comments received. A. APPEAL: AP -06-49 1. The Facts presented in the Site Description on page 4 in Exhibit A, Planning Division Advisory Report, May 11, 2006, accurately reflects the site circumstances, zoning requirements and land use, and are hereby adopted by reference. 2. The Fact and Conclusion regarding compliance with SEPA review on page 4 in Exhibit A, Planning Division Advisory Report, May 11, 2006, is accurate and hereby adopted by reference. 3. The Facts and Conclusion regarding compliance with Section 16.20, Single Family Development Standards on pages 4 and 5 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by reference. 4. The Facts and Conclusions regarding compliance with Chapter 20.15B, Critical Areas Regulations with on pages 5 through 9 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by reference. 5. The Facts and Conclusions regarding compliance with Chapter 20.85, Variances on pages 10 and 11 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by reference. 6. The staff interpretation that the proposed sign is a pole sign rather than a monument sign is correct. The difference between the definition of pole sign and monument sign in Section 20.60.005 revolves around the structural elements only. Neither of these definitions leads to the position that hiding the structural supports of the sign visually Pagliacci V-06-34 pg 2 would qualify it as a monument sign. Whether or not the poles, of which there are two, are visible is immaterial to the definition. It is also unlikely that a 14' tall monument sign was ever an anticipated outcome of the sign ordinance. B. DESIGN REVIEW: ADB -06-33 1. For design approval the applicant must demonstrate that a freestanding sign is the only reasonably feasible alternative signage to alert eastbound travelers. Attachment 5 shows three photo simulations of the sign and its proposed location as one approaches from the east. In the first, most distant photo, neither the building or the proposed sign are particularly visible due to power poles, trees, buildings etc, cluttering the visual field in the foreground. In photo #2, one can now see the building's west side and the proposed sign. With photo #3, as one is coming upon the intersection, the west side of the building is clearly visible, with the proposed sign in the foreground at the corner. 2. While the speed limit along Edmonds Way is 35 mph this does not appear to be a speed that makes it difficult to clearly view the west side of the building and parking lot when traveling from the east. At least one other option that appears a viable and reasonable alternative to a freestanding sign is to mount a sign on the building's west side, similar to that which is on the north side. Nowhere in the record has the applicant demonstrated that a freestanding sign is the only reasonable sign alternative. C. VARIANCE: V-06-34 1. The Facts presented in the Site Description on page 3 in Exhibit A, Planning Division Advisory Report, May 11, 2006, accurately reflects the site circumstances, zoning requirements and land use, and are hereby adopted by reference. 2. The Fact and Conclusion regarding compliance with SEPA review on page 3 in Exhibit A, Planning Division Advisory Report, May 11, 2006, is accurate and hereby adopted by reference. 3. The Facts and Conclusions regarding compliance with Critical Areas, Zoning Standards and Architectural Design Review on page 4 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by reference. 4. The Facts and Conclusions regarding compliance with Chapter 20.85, Variances on pages 10 and 11 in Exhibit A, Planning Division Advisory Report, May 11, 2006, are accurate and are hereby adopted by reference. 5. The stated purpose for the sign is to alert drivers traveling eastbound up the hill from downtown to Pagliacci's location and that there is an upcoming entrance. As it is now their logo is mounted on the building facing north towards Edmonds Way, such that eastbound traffic is already past the vehicle entrance when they see the existing wall mounted sign. However, there has been no substantive demonstration that this particular freestanding sign location and design represent the minimum necessary variance. Lower signs, a west facing wall mounted sign and other options appear possible, while still meeting the applicant's stated intent. Pagliacci V-06-34 pg 3 Based upon the foregoing findings and conclusions, the request for design approval, a street setback variance and the appeal of the staffs interpretation are Denied. Entered this 25th day of May, 2006, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. (ina:ILdB. a ger Hearing Examiner Pro Tem • 1 II ' • i. 1 � � , The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. Appeals Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. Time Limits for Reconsideration and Appeals The time limits for Reconsideration and Appeals run concurrently. If a request for a reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. Pagliacci V-06-34 pg 4 APPEAL OF HEARING EXAMINER APPEAL DECISION. Hearing examiner decisions on appeals of staff decisions that do not involve project permit applications shall be appealable to the city council pursuant to the process specified in ECDC 20.105.040. The decision of the hearing examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the city council. An appeal of this final decision may be made to the Superior Court of Snohomish County as detailed in ECDC Section 20.110.040.D. Any such action shall be filed no later than 10 working days after the service of the written order of the Hearing Examiner, Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessor's Office. EXHIBITS A. Planning Division Advisory Report dated May 11, 2006. Michael Springer Trade Marx Signs 3614eAve S Seattle, WA 98134 Planning Division Engineering Public Works Pagliacci V-06-34 pg 5 In C.1BW0 Date: lum Transmitting C TTY OF" EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 • (425) 771-0220 - FAX (425) 771-0221 Website: www dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering May 11, 2006 Trade Marx Signs 3614 Sixth Ave. S. Seattle, WA 98 134 V-06-34/AP-06-49 For Your Information: X As you requested: For your file: Comment: Note attachments: X Sincerely, Cc: Pagliacci Pizza SB Investments Two LLC GARY HAAKENSON MAYOR Diane Cunningham, Administrative Assistant 11 i'ncodpm•ated:i August 11, 1890 �'D CITY������U�07��� � ��^, °�",^,"v,^,"~`, 1%l'5TH AVENUE NORTH, BDMON0S,WA900%0 PLANNING DIVISIO11 ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATION1 To: TJou Largen, Hearing Examiner Pro Tern From: Meg Gruwell Senior Planner Date: MAY 11, 2006 Film: \/'06-34,A[)B'06-33,AND AP -06-44 TRADE MARX SIGN FOR P/\GLIACClPIZZA Hearing Date, Time, And Kxlmem; Council Chonuboro` Public Safety Building 250-5 mAvouoe N. Edmonds, Washington Section Page D. INTRODUCTION ............................................................................................................. 2 A. APPLICATION ..................................................................................................................... ............... 2 B. RECOMMENDATIONS ----------------------------------------.z DD, FINDINGS Ky87FACT AND CONCLUSIONS ....,,,,.,..,.~,,,.,...,,,.,..,,..,,,.,,...,.,~,^...,..,,,.,3 A. SITE DESCRIPTION ................................. ........................................................................................... j B. Srx7u ENVIRONMENTAL POLICY ACT (SEy&).................................................................................. 3 C. RoMomooCOMMUNITY DEVELOPMENT CODE (8CDC)COMPLIANCE .............................................. 4 D. TECHNICAL COMMITTEE .................................................................................................................... x E. APPEAL oxSTAFF INTERPRETATION ---------------------------------v K. PUBLIC COMMENTS .............................. .......................................................................................... |O G. COMPREHENSIVE PLAN .......................................... ......................................................................... lO 101. RECONSIDERATION'S AND APPEALS ..-.,..,..~.,,,,,,.,,.,,.,,,.~.,,,,...,.,,,..,.,.,,,,,...,..,..,11 A. REQUEST FOR RECONSIDERATION ---------------------------------.11 B. APPEAL orxVARIANCE DECISION .................................................................................................. )| C APPEAL orADECISION 0wxmAPPEAL OvxSTAFF INTERPRETATION .............................................. |l V. NOTICE TO THE COUNTY ASSESSOR ,,,,..,.-,.,.,.,,,.,.,.,.,,.,,,-,.,,....,,,,..,.,,.,,,.,.,,...,,X2 VI, ATTACHMENTS _,_,_,^,,,,,,,,,,,,,,~,,,,,,,,,,^,^,,,,,,,,,,,.,,,,,,,,....,.....,...~,...,,~,.,.-.,..,..,,,....,,,..l2 V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 2 of 12 I. INTRODUCTION A. Application 1. Applicant and Appellant: Trade Marx Signs for Pagliacci Pizza (see Attachment 2) 2. Site Location: 10200 Edmonds Way (see Attachment 1) 3. Request: A variance to reduce the required 20 -foot street setback to 12 inches on the corner of 102nd Place W. and Edmonds Way for a new freestanding sign (see Attachments 2 through 4). Also an appeal of a determination by staff that the proposed freestanding sign is a pole sign and not a monument sign (see Attachment 3). 4. Review Process: Variance and Appeal of a Staff Decision: Hearing Examiner conducts a public hearing and makes the final decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.45.020 (NEIGHBORHOOD BUSINESS - Site Development Standards). b. Compliance with Edmonds Community Development Code (ECDC) Section 20.60 (SIGN CODE). c. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.85 (VARIANCES). d. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.105 (APPEALS AND COURT REVIEW). B. Recommendations Based on the statements of Fact, Conclusions, and Attachments in this report staff recommends DENIAL of the appeal, upholding the interpretation of the code by city staff that the sign is a pole sign and therefore not permitted in the Neighborhood Business zone in the Westgate Corridor. Based on statements of Fact, Conclusions, and Attachments in this report we recommend DENIAL of the street setback variance. If the Hearing Examiner chooses to recommend approval of the variance, we recommend the following conditions: 1. The street setback variance of 12 inches to the street property line along Edmonds Way and 102nd Place W. as shown on the site plan in Attachment 4, is approved. 2. The sign shall be designed to meet city code for the Westgate Corridor. If the Hearing Examiner finds the sign to be a monument sign, the pylon cover should extend to the midpoint of the cabinets, as shown on the elevations on page 3 of 4, and the boxed cabinet letters shall have a background color that is opaque and does not allow any internal illumination to shine through. 3. The sign shall not be constructed within the utility easement. 4. This application is subject to the applicable 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. 5. The applicant must obtain a building permit for the sign. 6. The permit should be transferable. 7. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application. Only one one-year extension is possible. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 3 of 12 II. FINDINGS OF FACT AND CONCLUSIONS A. Site Description 1. Site Development And Zoning: a) Facts: (1) Size and Access: The subject property is approximately 14,810 square feet, with approximately 80 feet of frontage on 102nd Place W., and approximately 175 feet of frontage on Edmonds Way / State Route 104 (see Attachment 4). The site takes access from both 102nd Place W. and Edmonds Way via driveways to the parking lot on the north side of the lot. (2) Land Use: The site has a restaurant and associated parking on it (see Attachment 4). (3) Zoning: The subject property is zoned Neighborhood Business (BN) (see Attachment 1). (4) Terrain and vegetation: The subject site is quite level with a moderate slope climbing up to the southwest property line. The property has recently been landscaped with trees, shrubs and groundcovers. 2. Neighboring Development And Zoning: a) Facts: (1) The property to the northwest is zoned Planned Business (BP) and is developed with Sunrise Assisted Living facility and the Rosewood Court facility further north (see Attachment 1). (2) The properties to the southeast are zoned Neighborhood Business (BN) and are developed with a Braille school and McDonalds (see Attachment 1). (3) The properties to the southwest up 102nd Place are primarily zoned Single - Family Residential (RS -8) and are developed with single-family residences (see Attachment 1), except for the adjacent property, which is zoned Neighborhood Business (BN) and the site is currently under construction, with a proposed office building being constructed. (4) The properties to the east and southeast are zoned Neighborhood Business (BN) and are developed with Taco Bell and Times Square Antiques (see Attachment 1). (5) The properties to the northeast are zoned Planned Business (BP) and are developed with single family residences, some of which are used for businesses (see Attachment 1). B. State Environmental Policy Act (SEPA) 1. Facts: a) Variances granted based on special circumstances are exempt from SEPA review (WAC 197-11-800(6) (b) and ECDC 20.15A.080). 2. Conclusion: If special circumstances are found, then the application complies with the requirements of the State Environmental Policy Act. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 4 of 12 C. Edmonds Community Development Code (ECDC) Compliance 1. Critical Areas Compliance a) Facts: (1) This proposal is subject to review under ECDC Chapter 23.40 (Environmentally Critical Areas General Provisions). (2) A Critical Areas Checklist has been submitted (CA -1999-95) and a waiver from the requirement to complete a critical areas study was granted, as no critical areas were found on or adjacent to the site. b) Conclusion: The proposal meets the requirements of the Environmentally Critical Areas Chapter. 2. Compliance with Zoning Standards a) Fact: The fundamental site development standards pertaining to development in the Neighborhood Business zone are set forth in Chapter 16.45.020 and include the following for locating structures: BN (1) Street Setback: 20 feet (2) Rear Setback: 0 feet (3) Side Setbacks (to all other property lines): 0 feet (4) Maximum Height: 25 feet b) Conclusion: The proposal requires a variance to street setbacks to be approved before it complies with the requirements of the BN zoning standards. 3. Compliance with Architectural Design Review a) Fact: The proposal was reviewed by the Architectural Design Board at their May 3, 2006, meeting. The staff report is attached as Attachment 6. The Board moved to recommend approval of the sign as presented by the applicant (see Attachment 7). b) Conclusion: The proposal has been recommended for approval by the Architectural Design Board. 4. Compliance with Requirements for a Variance a) Facts: (1) Chapter 20.85 of the ECDC sets forth the mechanism whereby a provision of the Code may be varied on a case-by-case basis if the application of the provision would result in an unusual and unreasonable hardship. The criteria are as follows: (a) Special Circumstances: That because of special circumstances relating to the property such as size, shape, topography, location or surroundings of the property, strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 5 of 12 (b) Special Privilege: That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. (c) Comprehensive Plan and Zoning Ordinance: That the approval of the variance will be consistent with the intent of the comprehensive plan, the zoning ordinance, and the zoning district in which the property is located. (d) Not Detrimental: That the variance, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and the same zone. (e) Minimum Variance: That the approved variance is the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning. (2) The applicant has submitted declarations with their submittal which address the decisional criteria and these are in Attachment 3. (3.) The sign code places several requirements on freestanding signs, as stated in ECDC 20.60.045. 20.60.046 Freestanding signs — Regulations. A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: Zone Maximum Area of Sign ... BN 24 square feet (single) BN, BC, 48 square feet (group) ... D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. They may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Maximum Height of Sign Zone BN, BC, 14 feet CW ... E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. They may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 6 of 12 G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. [Ord. 3461 § 2, 2003]. (4) The applicant would have room on the site to place a 14 -foot high freestanding sign that met the required 20 foot setback, but in order for it to avoid the asphalt parking lot and concrete walkway and patio, the sign would have to be southeast of the semicircular patio. This would be at the south end of the property. (5) Structures, as defined in ECDC 21.90.150, are required to meet setbacks per ECDC 21.90.020. 21.90.150 Structure. Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height. 21.90.020 Setback. Setback means the minimum distance that buildings/structures or uses must be set back from a lot line, excluding up to 30 inches of eaves. (See also, Rear Setback, Side Setback, and Street Setback.) (6) Staff has determined that signs that are less than three feet in height may be allowed within the setbacks per the definition of structures. (7) Staff has further determined that signs that are on fences, or on fence -like structures, are allowed within the setbacks, since fences are allowed within the setbacks. Fences must meet the provisions of ECDC Chapter 17.30, which include that fences within ten feet of any street right-of-way or within 30 feet of any corner shall be no higher than three feet, unless the City Engineer determines that a fence up to six feet tall would not create a hazard. Section 17.30.035 states how decorative elements, such as arbors and trellises can be added to a fence, up to a height of nine feet. (8) Signs that are over three feet in height and do not qualify as fences must meet setbacks. (9) The proposed sign is 14 feet tall. (10)The applicant stated at the Architectural Design Board meeting that part of the reason for providing the sign was to alert drivers along State Route 104 driving eastbound (and southbound) where the driveway for Pagliacci Pizza was. Photographs of the approach, with the sign inserted, were provided as an exhibit (see Attachment 5). (1 1) Speed limit along State Route 104 in this vicinity is 35 miles per hour. (12)The corner of the property where the sign is proposed contains a utility easement (see Site Plan in Attachment 4). The Engineering Division has commented that the sign location needs to be outside of this easement area. V-06-34 and AP-06-49.doe / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 7 of 12 (13)Jeanie McConnell, Engineering Technician, has also commented that a sign that was more fence -like (on the order of 6 feet high by six feet across) would be acceptable at that corner so long as it did not go closer to Edmonds Way. Her main concern with a fence at the corner is that patrons exiting Pagliacci's from the Edmonds Way driveway need to be able to see any cars waiting to turn right from 102nd Place W. (14)Earlier maps show 102nd Place curling more tightly across this lot and accessing Edmonds Way at an angle. It appears that in order to make a more perpendicular access from 102nd Place W. to Edmonds Way, a portion of the right -or -way was vacated and attached to this lot, with the corner cut off to allow for an easier turning radius. (15)Signs in this area include the taller McDonald's pole sign and Times Square Antiques sign (both visible in Attachment 5, in "Southbound #3"). The McDonald's pole sign does not appear to meet the required 20 foot setback. The building was built in 1978, per Snohomish County Assessor records, and the area was not annexed to the city until 1983. Times Square Antiques freestanding sign meets the required 20 foot street setback according to the site plan on record. (16)Lower level signs include the Sunrise Assisted Living facility sign and the Rosewood Courte sign. The Sunrise sign maintains a ten -foot street setback where a 15 -foot setback is required, but the sign is constructed similar to a fence, which would be allowed in the setbacks so long as it was not determined to be a hazard. The Rosewood Courte sign is shown on the site plan to have a zero -foot street setback. At less than 6 feet tall, it also could be allowed as a "fence" within the setbacks, providing it did not present a hazard. (17)Many signs along Edmonds Way have been granted variances, though most of those variances were for height. One recent variance granted for setback was at Westgate Village, at the southwest corner of 100th Avenue W. and Edmonds Way, where zero street setbacks were approved for freestanding signs and pedestrian trellises. b) Conclusions: (1) Special Circumstances: The lot has some special circumstance in the configuration of the lot that cuts off the corner. However, the site is similar to many sites in providing the minimum ten -foot wide landscape strip and having parking and driveways directly behind. Some sites, such as the Times Square Antiques have placed their sign in an island of landscaping within their parking area. Strict enforcement of the requirement to maintain setbacks for structures would restrict a 14 -foot sign to the southern side of the lot, but not preclude it. Also, strict enforcement of the setbacks does not preclude the owners from having advertising for their business within the setbacks in the form of a low- level monument sign that does not meet the definition of structure, or a fence- like structure, which could also be allowed within the setbacks. Therefore, it does not appear that the special circumstances on the lot would deprive the owners of rights and privileges permitted to other properties in the vicinity with the same zoning if the zoning ordinance was strictly enforced. (2) Special Privilege: Other businesses along State Route 104 have also obtained variances for signs. In particular, Westgate Village at the southwest corner of 1001h Avenue W. and Edmonds Way obtained variances to allow freestanding signs and pedestrian trellises to be at a zero -foot setback from Edmonds Way and 1001h Avenue W. This is a busy intersection where these two streets intersect. Other signs, such as the McDonald's pole sign appear to not meet V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 8 of 12 setbacks, though they may have been constructed under different regulations. Therefore, the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. (3) Comprehensive Plan and Zoning Ordinance: None of the goals for the Westgate Corridor address signs. The variance would have to be approved for the sign to be in compliance with the zoning ordinance. (4) Not Detrimental: The Engineering Division has reviewed the proposed location of the sign, and has not expressed any concerns over it creating a traffic hazard. The purpose of the sign is to help alert patrons to the upcoming driveways, and thereby allow them to slow down in a timely fashion to be able to turn. The Engineering Division has also indicated that a fence -like sign would also be allowed at this intersection. The proposed sign is rather large, but this is an area oriented to automobiles. The proposal should not be significantly detrimental to the public health, safety and welfare, or injurious to the property or improvements in the vicinity. (5) Minimum Variance: The sign could be placed outside the setbacks in the southeast corner of the lot, but this would not allow it to be centrally located along the street. It also would not perform the job of alerting eastbound motorists where to turn, since the sign would be closer to the adjacent property's driveway. In order to place the sign on the corner but not in the parking lot drive aisle, the sign will have to be in the setbacks. The applicants had originally set the sign back further from the property line within the planter area, but once the utility easement was shown on the site, the available area for the sign shrank considerably. This is the only possible location for the sign to be located centrally at the corner, staying outside the utility easement, and maintaining an orientation directed towards traffic headed eastbound on State Route 104. However, the function of the sign could be provided in a low-level monument sign or fence -like sign that would be allowed within the setbacks, providing it did not present a traffic hazard. Staff could envision a six-foot high sign that mirrored the curves of the building to let the traveling public know that the building matching the sign was Pagliacci's. Therefore, the minimum necessary to allow the owner rights enjoyed by other properties in the vicinity with the same zoning would be no variance, but a shorter sign that could be allowed outright in the setbacks. D. Technical Committee 1. Review by City Departments a) Fact: The variance application has been reviewed and evaluated by the Fire Department, Public Works Department, Engineering Division, and the Parks and Recreation Department. The Engineering Division was the only division to provide comments, and they commented "It appears as though the proposed location of the sign falls within a sanitary sewer easement that runs through this corner of the property. The sign location will need to be outside of this easement area. The site plan showing the location of the sign will need to be revised to include the boundaries of the easement." The site plan has been revised to address these concerns, and the sign was moved as shown to avoid the sewer easement. b) Conclusion: As shown, the proposal appears to meet the requirements of the above City departments. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 9 of 12 E. Appeal of Staff Interpretation 1. Issues raised by the Appellant: a) Summary of Statements by the Appellant: (See Attachments 3 and 4) (1) The appellant states that all structural components have been covered by a pylon cover that matches the material and color used in the restaurant building and they contend that the design as drawn meets all code requirements and definitions. 2. Planning Division Comments: a) Facts: (1) The initial design submitted for this location was very similar, but the support was only a single pole. Staff informed Trade Marx Sign company staff that pole signs are not allowed in the Westgate/SR-204 area, as shown in the matrix given in ECDC 20.60.020.L. (2) Although this site is within the Neighborhood Commercial (BN Zones), it is more specifically within the Westgate Corridor as defined in the Comprehensive Plan, so the column labeled "Westgate/SR104" applies to this site. (3) The matrix states that monument signs, and internal illumination of signs is permitted within the Westgate Corridor. (4) The matrix states that boxed cabinet signs are conditionally permitted through design review if consistent with the standards itemized in ECDC 20.60.020(M). The only conditions relating to boxed cabinets in subsection M state "8. The background color of a boxed cabinet sign face must be coordinated with and compliment the colors used on the building." And "9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through." Boxed cabinets are defined in ECDC 20.60.005 as "permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follow the outlines of the letters of the sign, or an `outline cabinet sign."' An outline cabinet sign is defined as "a permanent sign that is mounted on the face of a building that roughly follows the shape of the text of the sign and provides for internal illumination." This definition is meant to distinguish between a cabinet sign that follow the outlines of the letters of the sign and one that is essentially a rectangular box or a "boxed cabinet sign." An "outlined cabinet sign" will be treated more like an "individual letter sign" where the area of the sign is calculated based on the actual outlined shape of the sign." The proposed cabinets will not be mounted on the face of the building, but will be on a freestanding sign. The cabinets that spell the letters of Pagliacci are rectangular in shape. The cabinet that contains the Pagliacci logo is the shape of the logo, and the cabinet that contains "Delivers 453-1717" is an oval, so neither of these two qualifies as a boxed cabinets. (5) The matrix in ECDC 20.60.020.L. states that pole signs are not permitted. (6) Pole signs are defined in ECDC 20.60.005 as "freestanding signs where the structural support for the sign is a pole(s)." (7) Monuments sign are defined in ECDC 20.60.005 as "freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base." V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 10 of 12 (8) The structural support of the sign is the six-inch square steel tube. (9) The cabinets are attached to the six-inch square tube with 1.5 -inch diameter steel pipes. (10)The pipes are proposed to be covered with a 0.090 -inch aluminum pylon cover that will stretch from the six-inch square tube to somewhere around the middle of the cabinet signs on either side. On page 3 of 4, the pylon cover is shown to come to the midpoint of the sign on the elevations. However, on page 2 of 4 the elevations show the pylon cover does not reach the midpoint of the cabinets. The plan section view, shown on page 3 of 4, also seems to show the pylon covers stopping short of the midpoint of the cabinets. b) Conclusions: The plan as originally submitted was definitely a pole sign. (2) As resubmitted, the structural pole has been covered with the aluminum pylon cover and the cover has been extended to indicate a broader support. The post is still visible, and in part looks like it is flanked by a wider post on one side and a narrower post on the other side. (3) The currently proposed design could be interpreted in two ways. It could be interpreted to be a pole sign, since the structural support for the sign is definitely a pole. However, the sign could also be interpreted to be a monument sign, since the appellants have attempted to integrate the structural component of the sign into the design of the sign and sign base. (4) The sign has a number of elements combined. The Pagliacci letters marching down the sign emphasize the pole nature of the sign. The logo and phone number at the top seem unrelated to the letters, and seem to add to visual confusion, rather than balancing the sign. Even with the widened pylon, the effect of the sign is still that of boxed cabinets being hung off of a pole. (5) Staff, therefore, concludes that the proposed sign is a pole sign, not a monument sign, and is not permitted on this subject parcel in the Westgate Corridor. (6) If the Hearing Examiner found the sign to be a monument sign, staff would recommend that the pylon cover should extend to the midpoint of the cabinets, as shown on the elevations on page 3 of 4. Also the boxed cabinet letters shall have a background color that is opaque and does not allow any internal illumination to shine through. F. Public Comments 1. Letters Received As of the date of this report, the City has not received any comment letters. G. Comprehensive Plan 1. Comprehensive Plan Designation a) Fact: The subject property is designated as "Westgate Corridor" on the Comprehensive Plan map. b) Conclusion: Restaurant development and accessory signs are consistent with the existing Comprehensive Plan Land Use designation for the site. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 11 of 12 2. Comprehensive Plan Goals and Policies a) Facts: The Comprehensive Plan, in the section on "Goals for the Westgate Corridor," identifies goals and policies which relate to this area. None of the goals or policies addresses signs. b) Conclusion: The Comprehensive Plan is silent on the issue of setback variances for signs. III. RECONSIDERATION'S AND APPEALS The following is a summary of the deadlines and procedures for fling reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeal of a Variance Decision Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C. Appeal of a Decision on an Appeal of a Staff Interpretation Section 20.105.030.0 states that "The decision of the hearing examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the city council." Section 20.105.070 of the Edmonds Community Development Code states "Any final decision or other final action for which no other administrative appeal is specifically provided in the ECC or ECDC and for which all other appeals specifically authorized have been timely exhausted shall be reviewable as provided by state law before the Superior Court of Snohomish County. Any such action shall be filed within 21 calendar days from any final decision or other final action so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant." Appellants are advised to check with the Court for more specific requirements. D. Time Limits for Reconsideration and Appeals The time limits for Reconsideration's and Appeals run concurrently. If a request for a reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report Pagliacci Pizza Sign Page 12 of 12 IV. LAPSE OF APPROVAL Section 20.85.020.0 states "The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application." V. NOTICE TO THE COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. VI. ATTACHMENTS 1. Vicinity / Zoning Map 2. Application 3. Applicant's Declarations 4. Site Plan and Elevation 5. Photograph Exhibit of the Approach along SRI 04 with Sign Inserted 6. Staff Report to the Architectural Design Board for ADB -06-33 7. Synopsis of the May 3, 2006 Architectural Design Board Meeting VII. PARTIES OF RECORD Trade Marx Signs Pagliacci Pizza SB Investments Two LLC 3614 Sixth Ave. S. 423 E. Pike St. 1621 NW 185t1i Seattle, WA 98134 Seattle, WA 98122 Shoreline, WA 98177 Planning Division Engineering Division V-06-34 and AP-06-49.doc / May 11, 2006 / Staff Report H PL SW 5,11 ood I op Zoning Vicinity Map i RS -20 !@,(I�Y§014 RS -6 RM -3 BP CG2 RS -12 RSW-12 RM 2.4 BN SII CW MU RS -10 RS -MP RM -1.5 BCE�j MP1 P RS-8rX11'11X1 ,,,, CG M MP2E"l— Os . .......... . .. I 'K Ta_ �a . . . ........ ...... .... tV 0 N Rezones PRD File ADB -06-33 11C is o r Attachent 1 city of edmonds land use application 0323� MAR 2 -TR. ARCHITECTURAL DESIGN REVIEW et6, FOR OFFICIAL USE ONLY 0 COMPREHENSIVE PLAN AMENDMENT � t-� C3 CONDITIONAL USE PERMIT I I FILE # fNb8-%-M ZONE Tl-t-� ❑ HOME OCCUPATION ADV, 0 ZI FORMAL SUBDIVISION V07,wAC�H-3,n r -e' D SHORT SUBDIVISION 45- FEA RECEIPT#. D LOT LINE ADJUSTMENT �T HEARING DATE Z1 PLANNED RESIDENTIAL DEVELOPMENT C] OFFICIAL STREET MAP AMENDMENT a2�JE ZI STAFF Q PB 0,ADB UCC C3 STREET VACATION 0 REZONE U SHORELINE PERMIT 2L VARIANCE / REASONABLE USE EXCEPTION U OTHER: PROPERTY ADDRESS OR LOCATION PROJECT NAME (IF APPLICABLE) PROPERTY OWNER —F-A4=r L. /. -1 PHONE # 24*>Lo ro !S -Z - 4`)E4.7 ADDRESS =5',7- E -MAIL ADDRESS FAx # TAX ACCOUNT # SAO tSEC. TwP, RNG. DESCRIPTION OF PROJECT OR PROPOSED USE -""4r -e ,.� I APPLICANT PHONE;0 7e-7::;, ADDRESS E-MAIL ADDRESS FAx # ZC�6 - efv Z5 - CONTACT PERSON/AGENT PHONE# ADDRESS E-MAIL ADDRESS FAx # 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. SIGNATURE OF APPLICANT/AGENT DATE Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my pe 'scion r the blit officials and the staff of the City of Edmonds to enter the subject I property for the purposes o i p ct' o ting attendant to this application. SIGNATURE OF OWNER DATE/v This application form was rev se 4 on 1/27/00. To verify whether it is still current, call (425) 771-0220. L:\L1BRARY\PLANN1NG\Forms & HandoutsTublic HandouMland Use Applicafion.doc ATTACHMENT 2 Variance Request for Pagliacci Pizza MAR 2 9 2006 Application Declarations: DEVELOPMENT SERVICES CTR. CITY OF EDMONDS First Issue: the setback of 20 feet from each property line for the monument sign is causing a hardship. Pagliacci Pizza is requesting a variance A 20 foot set back from the property lines is required by code. Due to the unique shape of the property and the position of the building; that leaves no place for the sign in a planter at that end of the property and would placed in a driveway. 1. Granting a variance to place the sign as proposed on the attached plot plan would conform with 20.60.045 ("Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located') 2. This centered placement would resolve a conflict between two sections of the code; the 20 ft. setback form all property lines and centering the sign on the street frontage. 3. The zoning of "Westgate/SR-104 would not be adversely affected by revised positioning since a centered position is desirable. 4. The proposal is consistent with the purpose of the zoning ordinance, since it rates the centering of a sign on the property over the setback requirement. 5. The variance if granted would not affect land values since the zone is already commercial, there is no view corridor affected, and the planting area will separate the sign from public areas. 6. The only other location for the sign on the property which would center on Edmonds Way would also place the sign in the parking lot. Second Issue: the planner's interpretation that the sign does not qualify as a monument sign. The definition of a monument sign (Section 20.60.005 Definitions, "Monument signs" are freestanding signs that have integrated the structural component(s) of the sign into the design of the sign and sign base) 1. The drawing has been detailed to show that all structural components have been covered by a "pylon cover" that also matches a material and color used in the building the sign is identifying. 2. It is our contention that the design as drawn & detailed, as proposed meets all code requirements and definitions. ATTACHMENT 3 rvYDJ 5 r - pb ---------- i P -__ o Z -At � e,d X - C 4 W �.A b 0 a v H O 1= v m cis Ci ® fa d o o S o o= in I— eat CY d CY � eet � d d u CY II It H II rn N lo" Cy x x x x Ip wLL N m o O N p• � � r,'. � eo cs 0 vggd m v— x OR um Do. cm ,. . ..,. . WD sm r t mu 0 a v H O 0 �^9 -----------�M 53190®OV5 3Wb'N 3ani,os .9 33AO3 w _ ea glg��p g y OD01 I- VJ C1 a; L o a._ aXa h- V WVP d T— 0 �^9 -----------�M 0 53190®OV5 3Wb'N 3ani,os .9 33AO3 NOIAd 3111®OV4 OD01 m ,� z I„L 0 TV O r-. Q OL � V Q f= - c _ cr T I .171E 0 L r J g w m m � r m � n V V � �- r O n I I M"Ji IIVILIV I %J 8. CONSOLIDATED PERMIT APPLICATIONS (No Public Participation): a. FRY NO. ADB -2006-33: Application by Trade Marx Signs for Pagliacci Pizza to allow a 14 -foot tall illuminated sign in the setback at 10200 Edmonds Way in the Neighborhood Business (BN zone). Bart Hanes, Trade Marx Sign, 3614 Sixth Avenue South, Seattle, was present. Senior Planner Meg Gruwell presented the application for a consolidated hearing with Pagliacci Pizza who is seeking a variance from the street setback for their sign. She explained that the City's sign code says that a sign should be located either centrally on the frontage, or if it is on a corner lot, it can be located in the corner. Instead of having the 20 -foot required setback for the structure, Pagliacci is requesting a one -foot setback. The property line is cut off and the nearest distance to the sidewalk is about 13 feet from the sign, and it will not be a one -foot setback right up to the sidewalk. The applicant is also appealing an interpretation by staff that this is a pole sign instead of a monument sign. The proposal started out as being a pole sign supporting it and has been broadened and made so that the facing includes more of the sign and has a wider base. Presently, staff finds that it is more of a monument sign. The sign meets the 14 -foot height limit and it meets the area allowed for signs for the site. There is landscaping at the base as required. In the neighborhood across the street, the Sunrise has a lower monument sign with a residential use. Ms. Gruwell explained that there are very limited urban design guidelines on signs but they do address orientation to cars in the auto -oriented commercial, that there should be only one freestanding sign per lot, a sign should be simple to read from passing cars, internal illumination is allowed, and large letters should be used that are easy to read. The proposed sign, taken together with the logo, the phone number and Pagliacci, she thought, was a little cluttered. She invited the Architectural Design Board members to make recommendations or comments on the project, and, subsequently, it would be heard by the hearing examiner. Boardmember Utt was surprised to hear that 14 feet meets the monument sign requirement. Ms. Gruwell clarified that it meets a freestanding sign requirement. She explained that monument signs are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. Pole signs are fieestanding signs where the structural support for the sign is the pole, or pole. Boardmember Schaefer commented that the idea of the sign being oriented for vehicle traffic recognition and the mention of a cluttered appearance with all the lettering, plus the logo, he questioned the need to have the telephone number for deliveries on a sign that is viewed by people who are driving by. He suggested that the delivery component could be expendable. Bart Hanes introduced himself, pointing out that he represented Pagliacci and is the contractor who handles their corporate identity. He explained that they are trying to comply with the location and the limitations of the property and that they are in compliance with the proposed sign, except for its perception as a monument sign, and the setback requirements. He described how the monument sign is dictated by implementing elements that are structural to the building or compliment the building itself, which they have used in other applications and are trying to mirror. He noted that the sign is under their square footage allotment. He explained that historically Pagliacci's has been driven by their delivery business. Recently they have begun opening restaurants with sit-down clientele and this is their fourth one. On the site plan, he pointed out that there is limited parking space for a limited clientele. By utilizing the delivery sign, which is the mainstay of their business and serves the community considerably, it affords the opportunity to recognize that. He agreed that the delivery number could be omitted if it is perceived as cluttered. He displayed various perspectives of the sign area as cars approach the restaurant and discussed the visibility, exposure and identified the ingress and egress of the property. Boardmember Schaefer inquired if the applicant is confident that the footing will clear the public right-of-way. Mr. Hanes replied that it is well beyond the public right-of-way. Architectural Design Board Meeting Page 4 May 3, 2006 — Approved Minutes Boardmember Utt commented that after hearing Mr. Hanes' portion of the presentation, he felt that the sign was fairly uncluttered and it was minimalist. He concurred with the interpretation that it is a monument sign, given that the pole is concealed and encased in the sign. Given the configuration of the site and the limitation that Pagliacci has to work with, he thought that the process was in place for this kind of project where there are extenuating circumstances, and if they followed everything to the letter, they would be hiding the sign back behind something. BOARDMEMBER SCHAEFER MOVED, SECONDED BY BOARDMEMBER KENDALL, TO RECOMMEND TO THE HEARING EXAMINER APPROVAL OF ADB -2006-33 AS PRESENTED BY THE APPLICANT. MOTION CARRIED UNANIMOUSLY. 8a. PRESENTATION BY TONY SHAPIRO: Tony Shapiro expressed appreciation to the board for the opportunity to be able to present their project preliminarily. He distributed early concept drawings to the board and began a Power Point presentation. Mr. Shapiro informed the board that the project is a long strip of land along Edmonds Way and 232nd. The site was rezoned a year ago to BC, and also has multi -family adjacent to it. Prior to that it was all single-family. The Planning Board changed it to Edmonds Way corridor on both sides of the street. The site is surrounded by some significant apartment complexes and there are single-family houses that are in various states of repair. There are significant trees on the site. At an earlier rezone hearing, the citizens expressed concern about losing the trees and Mr. Shapiro explained that the applicant is making an effort to retain between 15 and 20 percent of the trees. Mr. Shapiro stated that their primary objective is to provide office space with retail space in the mixed-use portion at the corner, and a mix of housing that will include both flats and townhouses. The townhouses will probably be condominiums and the flats will stay as apartments. The flats are in the mixed-use building and the townhouses are fi•eestanding. They would like to incorporate a sustainable architecture as much as possible. Currently there are about ten curb cuts along the street and those will be cut down to two entry points, one at the dividing line between the townhouse or multi -family zone property, and the BC property, so that an access road will come in below grade parking and then go down a drive aisle behind the townhouses. There will be a landscape buffer between the townhouses and the road. He discussed how busy Edmonds Way is and how they hoped to put a landscape strip in. He noted that from the edge of curb to the property line is eight feet and they might be able to do a three or four foot landscape pad and then four or five feet of sidewalk, with street trees. Another objective is to set the garage accessible fi•om the back side of the townhouses, down an alley, which will provide for a separation from the noise and visibility fiom the street. Another idea for the townhouses is to have a bioswale, as well as a holding pond at the north end of the property, or a rain garden. They hoped to get water flow from the roofs of the townhouses out to the bioswale and then flow under a stairway, and continue on down to a holding pond or rain garden at the end of the site. Mr. Shapiro discussed dropping the townhouses a couple of feet from street level but that it posed some problems if they try to get surface flowing rain water from the back units out to the bio -filtration swale. They may not be able to obtain some of the objectives they hoped to with the height limits that they currently have. He pointed out that he wanted to discuss with the board the height limits that currently stand for the property at 25 feet, plus five feet. He knew that the City Council had been pondering downtown height limits on properties for some time and there had been a number of public hearings with the Economic Development Board at Five Corners and Firdale discussing height limits. He had attended two of the Firdale Village meetings and the gist of those meetings was that people tended to accept three or four story buildings in areas outside of the "bowl." He hoped that the Architectural Design Board would have an opinion on the matter that supported higher buildings. He felt with the densities that the Growth Management Act is forcing upon municipalities in this region to push height levels above the 25-30 foot level, it was not unreasonable. He hoped that the applicant could obtain a bit higher height limit on the townhouses, which would enable them to modulate the roofs more. They are exploring the possibility of using roof decks due to the amount of open space that the townhouses will have. Architectural Design Board Meeting Page 5 May 3, 2006 — Approved Minutes