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2023-07-12 Planning Board Packeto Agenda Edmonds Planning Board V ,HvREGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 JULY 12, 2023, 7:00 PM REMOTE MEETING INFORMATION: Meeting Link:https://edmondswa- gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxlTG9LZkc3KOhuS014QT09 Meeting ID: 873 2287 2194 Passcode:007978 This is a Hybrid meeting: The meeting can be attended in -person or on-line. The physcial meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett R000m Or Telephone :US: +1 253 215 8782 LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES A. June 28 Meeting Minutes 4. ANNOUNCEMENT OF AGENDA 5. AUDIENCE COMMENTS 6. ADMINISTRATIVE REPORTS 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS A. Draft Code Language for Critical Aquifer Recharge Area Code Amendment (AMD2023-0004) B. Comprehensive Plan Update and Highway 99 Proposed Approach 9. NEW BUSINESS 10. PLANNING BOARD EXTENDED AGENDA A. July 12 Extended Agenda 11. PLANNING BOARD MEMBER COMMENTS Edmonds Planning Board Agenda July 12, 2023 Page 1 12. PLANNING BOARD CHAIR COMMENTS 13. ADJOURNMENT Edmonds Planning Board Agenda July 12, 2023 Page 2 3.A Planning Board Agenda Item Meeting Date: 07/12/2023 June 28 Meeting Minutes Staff Lead: David Levitan Department: Planning & Development Prepared By: Michelle Martin Staff Recommendation Review and approve meeting minutes from June 28 joint meeting with Tree Board. Narrative June 28 draft meeting minutes are attached. Attachments: June 28, 2023 Draft Meeting Minutes Packet Pg. 3 3.A.a CITY OF EDMONDS JOINT PLANNING BOARD (including Joint Session with Citizens' Tree Board) Minutes of Hybrid Meeting June 28, 2023 Chair Gladstone called the hybrid meeting of the Edmonds Planning Board to order at 7:00 p.m. at Edmonds City Hall and on Zoom. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES The Land Acknowledgement was read by Board Member Martini Planning Board Members Present Judi Gladstone, Chair Beth Tragus-Campbell, Vice Chair Richard Kuehn Jeremy Mitchell Susanna Martini Nick Maxwell Planning Board Members Absent Lauren Golembiewski (excused) Lily Distelhorst (student rep; excused) Citizens' Tree Board Members Present Janelle Cass, Chair Bill Phipps, Vice Chair Wendy Kliment Kevin Fagerstrom Citizens' Tree Board Members Absent Ross Dimmick Crane Stavig Chris Eck Jenna Nand (City Council Liaison) READING/APPROVAL OF MINUTES Staff Present Deb Powers, Urban Forest Planner David Levitan, Planning Manager MOTION MADE BY BOARD MEMBER MITCHELL, SECONDED BY BOARD MEMBER MAXEWLL, TO APPROVE THE MINUTES OF JUNE 14 AS PRESENTED. MOTION PASSED. Planning Board Meeting Minutes June 28, 2023 Pagel of 8 Packet Pg. 4 as c c W d a� 00 N N c M 3. 3.A.a ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Steve W stated that there has been little or no discussion on the negative effects that some trees have on active or passive solar access. Is there any intention to do so? ADMINISTRATIVE REPORTS None as c PUBLIC HEARINGS c W None as 00 UNFINISHED BUSINESS N as c A. Joint Work Session with Tree Board on Tree Code Update (AMD2022-00004) 3 Urban Forest Planner Deb Powers made a PowerPoint presentation regarding Property Owner Tree Removals. Under the current code, in most cases on developed single-family lots with no critical areas, it's basically unlimited tree removals. This code amendment is addressing that situation. Key concepts for consideration with this code update: • Number of removals • Frequency • Additional trees that can be removed (exceptions) • Landmark trees • Tree removal in critical areas • Replacement requirements Number of removals: Ms. Powers reviewed that at the April 26 meeting the Planning Board was supportive of allowing a certain number of trees to be removed under a notification process. There had been some question about whether it should depend on the property size and/or what frequency the removals would be allowed. She reviewed some sample code language. Another question was related to the size of the trees. The Planning Board had proposed that only trees 12" to 23.9" DBH would be "regulated" under the allowance. "Landmark" trees would be 24" DBH or greater. Frequency: Is 12 months between allowed tree removals appropriate? The Planning Board had thought that it would depend on the size and number of trees. Additional trees that can be removed: Are hazardous and nuisance trees reasonable exceptions to the number of allowances? These would be allowed to be removed in addition to whatever the allowance is. Planning Board Meeting Minutes June 28, 2023 Page 2 of 8 Packet Pg. 5 3.A.a Landmark tree removals: Should "Landmark" tree removals be regulated in the same manner as smaller trees? Fewer number of allowed removals? Greater number of months between removals? The Planning Board had indicated that Landmark tree removals (24"+ DBH) should be more limited than smaller trees. Ms. Powers reviewed some sample potential numbers with different allowances for different property sizes. Planning Board Member Mitchell wondered about having different standards for different neighborhoods rather than a one -size -fits -all approach in order to retain characteristics of specific neighborhoods. For example, he noted that the existing tree density in Westgate is way less than Perrinville. Ms. Powers acknowledged that this could raise equity concerns. She noted that they could made the code as complex or as simple as desired, but with greater code complexity there is usually less code compliance. Additionally, staff does not have the resources to deal with administering a complex code. Planning Board Vice Chair Tragus-Campbell recommended not overcomplicating the process. She agreed that there are areas where there is a much greater canopy loss but having the same regulations across the city will be easier for everyone to understand. She said she liked the way the chart shared by Ms. Powers was set up even though she would be in favor of having two trees be the starting point for regulated tree removal allowances per 12 months rather than three trees. Critical areas: Should the same tree removal allowances apply in critical areas? The Planning Board had previously suggested only hazard and nuisance trees should be allowed to be removed in critical areas. A permit would be required to review whether the trees fit that criterion. Ms. Powers explained that the number one code enforcement issue they are having right now is unauthorized tree removals in critical areas. Replacement requirements: Should replacement trees be required for property owner tree removals? The response at the previous meeting was that it depends on the size and number of trees removed. Ms. Powers noted that no replanting is occurring with the current unlimited tree removals and reviewed a proposed matrix showing the removed tree DBH and the required number of replacements. Planning Board Member Maxwell asked the Tree Board their thoughts about regulating tree removals on private property. Tree Board Chair Cass explained that they are all passionate about trees and maintaining the tree canopy but they had mixed opinions about how to go about it. She referred back to a heated 2015 Planning Board public hearing about this topic. The decision then was to make sure there was an Urban Forest Management Plan which should extend at least 20 years out with good goals. She noted there is now a Plan with a good set of goals they haven't done and yet they are jumping to this action which wasn't necessarily in the Plan. She thinks it would be hard to re-engage with the public when they asked for an Urban Forest Management Plan with specific goals. She added that she noticed the consultant's report on the most recent public outreach related to the current code updates didn't go back to 2015 or include all the public input that went into the management plan. Tree Board Vice Chair Phipps commented that he feels they should allow more trees to be removed on larger - sized properties. Tree Board Member Kliment expressed support for not allowing any tree removals in critical areas unless they are hazardous trees. She liked the simplicity of the proposed plan. She is concerned about compliance and whether or not they will lose more trees simply because of the fact that there is a tree code. A lot of people have made it clear they don't want a tree code. Planning Board Meeting Minutes June 28, 2023 Page 3 of 8 Packet Pg. 6 as c W d as CO N N c M Z 3.A.a Planning Board Member Mitchell asked the Tree Board if the Urban Forest Management Plan aligns with the existing tree code. Tree Board Chair Cass stated that the first goal was to maintain or enhance canopy coverage but there was a whole bunch of sub goals that were supposed to be encouraged. There was also supposed to be some tracking and reassessment after ten years. Planning Board Member Mitchell commented that it seems that there needs to be a regulatory framework aligned with the Urban Forest Management Plan. Tree Board Chair Cass agreed and said she thought that the control of tree removal on private property did not meet the goals of the Urban Forest Management Plan. Tree Board Member Kliment said there is a statement in the Urban Forest Management Plan that says that the Edmonds population did not want any sort of control of tree removal on private property. Even in the current outreach done by the consultant, the number of people that responded is minimal and 19% of them did not even live in Edmonds. Planning Board Member Mitchell wondered about goal number 3 with more of an incentivized approach to protecting and planting trees. Tree Board Member Kliment said she was very supportive of an educational approach. Critical areas are something that they really need to pay attention to and have some sort of regulations around those because of landslides. Planning Board Member Martini asked about focusing on critical areas where environmental impacts would be greatest. Tree Board Member Kliment replied that the Tree Board's idea was to have a computer at the fall market booth where residents can type in their address to see whether their property is in a critical area and get information about what that means. She noted that what people in critical areas do with their trees has an impact on their neighbors. Planning Manager Levitan acknowledged that the public outreach they have done with this current work is not statistically significant but said he would say the same for the 2015 comments at the public hearing. Tree Board Chair Cass said she heard there were close to 300 people in the chambers for that meeting. Planning Manager Levitan said he didn't see the video but based on the minutes there were 15-20 people who provided oral testimony. Planning Board Chair Gladstone asked Ms. Powers what has been undertaken to implement the existing Urban Forest Management Plan from 2019. She also wondered what triggered the notion of having a code that may not have been consistent with the Urban Forest Management Plan. Ms. Powers explained there are quite a few goals in the Urban Forest Management Plan that have been achieved already. In 2024 there will be a gap analysis of the goals and consideration of the barriers to achieving the goals. She noted that the Urban Forest Management Plan goals are not just for the City to implement but for citizens, volunteer groups, the Tree Board, etc. She noted that Goal IA related to development was achieved in 2021. At that point in time there was direction given to look at private property tree removal. Council was concerned that there was no accounting for or tracking of trees that were removed and no requirements for replanting. Planning Board Chair Gladstone asked about the percentage of canopy cover that is on private property. Tree Board Vice Chair Phipps replied that it was 87% - the vast majority of trees in Edmonds are on private property that has already been developed. Tree Board Chair Cass later added that 58% of the city's tree canopy is on single-family residential land. PLANNING BOARD VICE CHAIR TRAGUS-CAMPBELL MOVED TO REMOVE THE OPTION OF DOING NOTHING FROM THE TABLE AND THAT PROPERTY OWNER TREE REMOVALS SHOULD BE RESTRICTED IN SOME MANNER TO BE RECOMMENDED FURTHER ON IN Planning Board Meeting Minutes June 28, 2023 Page 4 of 8 Packet Pg. 7 as c W d a� 00 N N c THIS DISCUSSION. THE MOTION WAS SECONDED BY PLANNING BOARD MEMBER KUEHN. Planning Manager Levitan noted that this was a work session and not the traditional time to make a motion. Vice Chair Tragus-Campbell said her goal was to spend time on the analysis and not discussing whether or not they should do the analysis because she feels like that has already been determined. Planning Board Member Maxwell commented that there seems to be general agreement by the group that they would want to restrict tree removals in critical areas. He noted he is sympathetic to Edmonds residents who are concerned about taking away the ability to cut down trees on their own property given that they don't have a canopy problem. Planning Board Member Mitchell asked when the tree canopy would become a problem. Planning Board Member Maxwell replied that the canopy is growing and not shrinking. It may not be growing as fast as they would like but it is not shrinking. He noted that some of the documents indicated that there are concerns but those are about developers and newcomers. In general, Edmonds residents seem to value their trees and do not cut them down. Planning Board Chair Gladstone said it is very difficult to determine at what point they are going to act. She believes they are at a point where the canopy is important for so many things including affecting the urban temperature. She doesn't want to wait until there is a reduction in the tree canopy and a problem; she wants to retain it the way it is. She also wants to do it in an equitable way, understanding that there is a tension between private property ownership and communal good. She thinks they can come to some reasonable compromises in navigating that tension. It may not necessarily be what's recommended in the Urban Forest Management Plan, but it may complement it. She also recommended keeping it as simple as possible. Planning Board Member Kuehn agreed that simple is good. He also supported the motion. He acknowledged there may not be a problem right now with the tree canopy, but their job is to plan for the future before there is a problem. Playing catchup with something like this is a losing battle. He noted that having a nice big tree canopy is important for helping with climate change. MOTION PASSED 4-2. Planning Board Chair Gladstone urged the group to keep the code simple because the simpler it is, the less there is to argue about. Recognizing the strong tension between private property and tree protection and canopy protection she thinks they need to figure out the best way to navigate that and get something reasonable and workable to Council. Ms. Powers suggested that there seems to be a basic agreement that critical areas need to be protected. The next most basic form of regulations would be a simple allowance (a certain number of trees per year with notification) not based on property size. At this simplest level, landmark tree removal would not be distinguished. Nuisance and hazard trees would be over and above that numbers and would be subject to review to make sure they meet the criteria. There was some discussion about how this would be counted and documented. Planning Board Meeting Minutes June 28, 2023 Page 5 of 8 Packet Pg. 8 as c W d a� 00 N N C 7 Z 3.A.a Tree Board Chair Cass asked if they could consider rolling over allowed trees to future years to be more cost effective for property owners. Ms. Powers explained that in Kirkland that was considered "borrowing" from future tree removals. It was hotly debated and there were questions as to whether it was effectively and fairly slowing the loss of canopy. It also complicates tracking tree removals. Tree Board Member Fagerstrom commented that ultimately the Council will decide this following a public hearing and there will probably be a lot of public comments. He asked if the Planning Board had discussed tree replacement or fee -in -lieu requirements. He noted that he is in favor of tree replacement but the current standards are almost a joke because they don't replicate the environmental benefit from the trees that were removed. He wants to maintain people's private property rights but he also wants to do what they can to maintain if not increase the tree canopy to help protect the environment. Planning Board Vice Chair Tragus-Campbell said she was generally in favor of tree replacements but agreed that the current standards are highly inequitable in terms of trying to make sure that they are trying to replace the same volume of impacted tree canopy. She would not be in favor of requiring homeowners to do replacements or fees -in -lieu because it would just add more negativity to the situation. It might be worthwhile to consider the outright allowance only for 12-24" DBH trees. If they want to remove larger trees, they could require a permit and replacements. She stated that she was opposed to allowing fees in lieu in any circumstance. Planning Board Member Mitchell asked about using a green factor metric to alleviate the controversies between how many trees they could remove and replace. He commented that some jurisdictions are doing this to simplify the issue. Ms. Powers agreed that this was a wonderful method, but it is also a much more complex level of code for both the property owner and for staff. Tree Board Member Fagerstrom commented that the chart showing the number of trees that could be removed at one time (depending on property size) is more complicated than it has to be and doesn't make sense to him. He wondered why it wasn't a simple formula like 1 tree per 3000 square feet. Ms. Powers explained this was similar to the breakdowns in other jurisdictions but it sounds like the left side. (property size) is dropping off anyway in favor of a simplified number of trees. Tree Board Member Fagerstrom said it should change with the size of the lot. Tree Board Vice Chair Phipps agreed that it should be graduated. He didn't think that was too complex. He also thinks that landmark trees should get special consideration because they are very large trees and hold in tremendous amounts of carbon. When you remove those there needs to be replacement trees. Planning Board Member Kuehn said he agreed that landmark trees should be treated differently because of what it would take to replace those. He thought the proposed chart was pretty simple if you can read a table. Planning Board Chair Gladstone commented that breaking it up by property size is an equity issue because it is a privilege to have a larger piece of land and be able to remove more trees. She wrestles with this because she also recognizes that it is a bigger lot with maybe more trees. She would be interested in discussing this more at a future meeting. She also wondered why staff chose three trees per year instead of the "two -per" trees concept that Kirkland used. Tree Board members departed. Planning Board Meeting Minutes June 28, 2023 Page 6 of 8 Packet Pg. 9 3.A.a NEW BUSINESS A. Comprehensive Plan Update Planning Manager Levitan gave an update on the Comprehensive Plan update. Staff is bringing forward the scope of work for the consultant team to Council on July 5. The proposed approach will have a big focus on the neighborhood level with six different neighborhood districts. In coordination with that staff has identified dates to do the first round of community outreach later in July. The intent is to go out to individual neighborhoods and hold a series of events. There has been significant focus on the Highway 99 subarea plan. The Council had a lot of discussion on the Community Renewal Plan as well as the property acquisition of the landmark site. In addition, there are a lot of community engagement opportunities with the Transportation Plan update, the Climate Championship Series, Reimagining Neighborhoods and Streets, etc. Other topics which will be focused? N on include climate change and climate adaptation specifically related to the waterfront, housing needs, and c' conceptual land use possibilities within neighborhoods. A more detailed Comprehensive Plan update and scope of work will be coming to the Planning Board on July 12. He welcomed the Board's participation at upcoming public outreach events. W Chair Gladstone said she really appreciated the public engagement going out into the neighborhoods. 00 a PLANNING BOARD EXTENDED AGENDA c 3 Planning Manager Levitan reviewed the extended agenda. Vice Chair Tragus-Campbell noted that she would be gone for work at the July 12 meeting but she would get comments back to the group via Planning Manager Levitan. Board Member Mitchell asked if it made sense to break the Tree Code discussion up into smaller chunks (like two concepts per meeting) so they can actually get a recommendation into place. Planning Manager Levitan noted that the concepts are very intertwined so it might be difficult to isolate topics. Board Member Maxwell recommended at the next meeting regarding the Tree Code they start with questions rather than background. Chair Gladstone thought there might be ways they could organize the way the material is presented to get through it more efficiently. She recommended that staff come back with a proposal reflecting what they talked about tonight as a starting point for the next discussion. Planning Manager Levitan concurred and indicated that is the plan for the next meeting. Chair Gladstone requested that Parks Director Feser come in once a year for her report rather than always just giving written reports. It would be valuable to have some facetime and ask questions directly to generate discussion. Other board members agreed and suggested maybe having Director Feser visit in person twice a year would be nice. Planning Manager Levitan suggested he could see if she could come in early in the year with a look back with an annual report. Planning Board Meeting Minutes June 28, 2023 Page 7 of 8 Packet Pg. 10 3.A.a Chair Gladstone expressed concern with the pace of the Comprehensive Plan and that November and December only have one meeting. She wondered if they might want to plan on an extra meeting in early December in case they need it. Planning Manager Levitan concurred and said he would look at some potential dates. PLANNING BOARD MEMBER COMMENTS Board Member Kuehn said he and his family attended the opening of Civic Park last weekend. He was very excited for this to be part of the city. There is so much good that can come from this in terms of bringing the community together and the inclusive playground He was very proud to be part of the moment. Vice Chair Tragus-Campbell thanked everyone for the meeting. N as Board Member Maxwell thanked everyone for the good meeting. c' Board Member Mitchell echoed previous comments about Civic Park and the productive meeting. W d a� PLANNING BOARD CHAIR COMMENTS CO N N Chair Gladstone said if anyone has not seen the Council survey on budget priorities, she recommended that they find it and voice their opinion on it. She is also pleased that the City is hosting a Pride Night on Friday night. 3 d ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Planning Board Meeting Minutes June 28, 2023 Page 8 of 8 Packet Pg. 11 8.A Planning Board Agenda Item Meeting Date: 07/12/2023 Draft Code Language for Critical Aquifer Recharge Area Code Amendment (AMD2023-0004) Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Background/History Staff introduced this code update project to the Planning Board on May 24, 2023 (see Attachment 1 for excerpt minutes and Attachment 2 for slides). Critical aquifer recharge areas (CARAs) are established to protect public groundwater drinking supplies from potential contamination and to ensure adequate groundwater availability. They are required by and treated as critical areas under the Growth Management Act (GMA) and defined in Chapter 23.60 ECDC, which was last updated in 2016 and states: Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this critical area type are not provided within this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. In 2022, Edmonds became aware of the presence of CARAs within the City's jurisdiction when the Olympic View Water and Sewer District (OVWSD) appealed the City's SEPA Determination of Nonsignificance (DNS) for a stormwater code update (page 39 of May 24, 2023 meeting packet weblink). While OVWSD's appeal was denied by the hearing examiner, staff committed to updating the City's code to reflect the presence of CARAs within its boundaries. OVWSD provided mapping of their wellhead protection areas to the City, which were added to the City's geographic information system (GIS). This code update is a follow-up to that work and will establish regulations for those areas consistent with the GMA in RCW 36.70A.020 and RCW 36.70.330. The purpose of the updated code is to establish CARAs together with groundwater protection standards to protect aquifers from degradation and depletion to minimize loss of recharge quantity, to maintain the protection of supply wells for public drinking water, and to prevent contamination of groundwater. Using guidance from the Washington State Departments of Ecology (page 64 of May 24 meeting weblink) and Commerce (Attachment 3) together with best available science (BAS) created for Olympic View in 2018 (page 213 of May 24 meeting weblink), staff developed draft regulations for critical aquifer recharge and wellhead protection areas in Edmonds (Attachment 4). In combination with the City's existing stormwater code which protects groundwater throughout Edmonds, the CARA code would provide additional protections specifically within Olympic View's mapped wellhead protection areas and buffer. Packet Pg. 12 8.A Staff Recommendation Staff will provide a presentation about the draft critical aquifer recharge code language. Planning Board members are encouraged to ask questions and provide feedback on the draft language in advance of a public hearing on the topic which has been scheduled for July 26. Staff continues to engage with Olympic View on potential refinements to the code language, so additional revisions may occur prior to the July 26 public hearing. Narrative The draft regulations in Attachment 4 are based on the City of Issaquah's CARA and groundwater protection codes, which are recommended templates in the Department of Ecology's March 2021 guidance for critical aquifer recharge and wellhead area protection. The codes from Shoreline, Mountlake Terrace, Woodway and Snohomish County were also analyzed since those jurisdictions have portions of Olympic View's wellhead protection areas. Staff from Olympic View and the Edmonds' Public Works Department reviewed an initial draft of the code in June 2023 (redline/strikeout) and held a series of meetings to work on refinements that are included in the current draft (yellow highlights). The draft contains three subsections: 1. Purpose and Intent. The purpose of the chapter is to establish critical aquifer recharge areas (CARAs) and groundwater protection standards to protect aquifers from degradation and depletion. The intent is to minimize loss of recharge quantity, to maintain the protection of supply wells for public drinking water, and to prevent contamination of groundwater. 2. Mapping, Classification, Applicability, and Local Consultation Olympic View has two Group A wellhead protection areas in Edmonds: Deer Creek Springs and the planned 228th Street Wellfield. Deer Creek Springs itself is located west of Edmonds in the Town of Woodway while the 228th Street Wellfield is located in Esperance (unincorporated Snohomish County), which is surrounded by Edmonds. Both areas have been mapped and modeled using best available science and include four travel time zones (6 month, 1 year, 5 year, and 10 year) plus an additional buffer, which is the entire zone of contribution for the wellhead protection area. An area of exposed highly sensitive soils (Ova aquifer) is also mapped. These areas are classified based on the Issaquah model using travel times: Class 1 CARAs include those mapped areas located within the 6 month, one (1) and five (5) year capture zones of a wellhead protection area. Class 2 CARAs include those mapped areas located within the ten (10) year capture zone of a wellhead protection area. Class 3 CARAs include those mapped areas in the wellhead protection area buffer. Uses that are proposed to be prohibited or restricted in each of the classes is described in the Regulated Activities section. At the request of Olympic View, a local consultation process is included to memorialize the relationship of the City and District during project reviews. 3. Regulated Activities A proposed use table includes prohibited and restricted activities based on the location of the use relative to the three classes of CARAs. The uses are further regulated by the location of the use relative to the QVa aquifer, an area of exposed soils which are more sensitive to potential contamination. While many of the uses in the table will never occur in Edmonds due to the existing zoning that applies within both CARAs and the fact that Edmonds is a built -out city, a wide range of potential limitations are included for discussion. Attachments: Packet Pg. 13 8.A Attachment 1 - Planning Board minutes May 24, 2023 Attachment 2 - PB 5.24.23 CARA intro slides Attachment 3 - Commerce CARA Guidance 2023 Attachment 4 - Draft CARA Code Language May 24, 2023 Planning Board Meeting Packet Packet Pg. 14 8.A.a Board Member Golembiewski also thought more clarity was needed around the consequences of lack of payment. She asked if there is a fee for using other city utilities such as electricity or water. Deputy Director Burley replied there is not but some coordination is needed to make sure everything is ready. Board Member Golembiewski asked if the indemnification agreement is for the individual signing it or if they are signing it on behalf of the organization. Deputy Director Burley explained she had asked the attorney to ensure that the definitions clarify the role of the organizer, the person filling out the application, as a representative of the entire organization and that the indemnification clause was representative of the entire organization and that the City was indemnified. Vice Chair Tragus-Campbell referred to the decision to not include the hours of operation because they are subject to change and requested that an explanation of that be included. Deputy Director Burley agreed. Vice Chair Tragus-Campbell summarized that staff would work on additional clarifications for when payment is due and the consequences of when payment is not received. She also suggested a line item in the introductory document that this is not for large special events; for large special events there is a separate process. Deputy Director Burley indicated she would also clarify about running events in November and parks closing. MOTION MADE BY BOARD MEMBER GOLEMBIEWSKI, SECONDED BY BOARD MEMBER KUEHN, TO SUPPORT THIS DOCUMENT WITH THE SUGGESTED CLARIFICATIONS AS DISCUSSED TONIGHT. MOTION PASSED UNANIMOUSLY. B. Introduction to Critical Aquifer Recharge Area Code Amendment Senior Planner Mike Clugston explained that critical aquifer recharge areas (CARAs) are established to protect public groundwater drinking supplies from potential contamination and to ensure adequate groundwater availability. They are required by and treated as critical areas under the Growth Management Act (GMA). The current Edmonds code from 2016 states that there are no CARAs in the City. In 2022, the City learned there were two CARAs in Edmonds (Olympic View Water & Sewer District wellhead protection areas) that need to be regulated. Senior Planner Clugston reviewed maps showing the Olympic View Water & Sewer District service area and wellhead protection areas for Deer Creek Springs and the 228d' Street Wellfield. Regulations being considered would integrate with existing stormwater codes; prohibit land uses with the most potential for contamination (auto wrecking yards, dry cleaners using chlorinated solvents, cemeteries, underground hazardous material storage and pipelines); and regulate new and existing facilities handling and storing hazardous materials. Vice Chair Tragus-Campbell asked if there can be a plan to phase in changes to warehousing requirements for existing facilities. Senior Planner Clugston affirmed that there could be. He also noted that the goal is to make sure they are using best management practices, not to say that the materials can't be there. Senior Planner Clugston explained that the draft code is being reviewed by stormwater staff and Olympic View now. It could return to the Planning Board for an additional work session if desired or go to a public hearing. Vice Chair Tragus-Campbell recommended that the Board should see the draft code before it goes to a public hearing. Board Member Golembiewski asked about requiring pollution liability insurance for certain uses in these areas. Planning Manager Levitan and Senior Planner Clugston replied that they had not seen any jurisdictions do this Planning Board Meeting Minutes May 24, 2023 Page 3 of 5 Packet Pg. 15 8.A.a but indicated they could look into it. Board Member Golembiewski replied that is where all the money for cleanup comes from these days. She also recommended that metal plating uses be added to the list of uses with potential for contamination. Board Member Maxwell asked clarification questions about the intention for regulations inside CARAs versus outside them. He asked if they expect to prohibit certain uses and how that would impact existing businesses. Planning Manager Levitan explained that still needs to be worked out. There are issues with uses that have long- term leases, displacement, economic disparities, etc. Staff will be getting feedback from the stormwater team and Olympic View about the draft code and will be welcoming feedback from the Planning Board as well. Vice Chair Tragus-Campbell commented that it looks like most of the impact is going to be with commercial uses in the CG zone. What kind of changes are they looking at for residential areas? Planning Manager Levitan explained that most of the language addresses the commercial uses but they will also be looking at impacts of various residential uses. They can look at what other cities have done with regard to residential uses. Board Member Martini asked if staff feels that ideally all commercial uses would be vacated in these areas. Planning Manager Levitan explained that they are balancing a lot of competing interests including economic development needs of the city as well. Some of these areas spill out onto Highway 99 which is an incredibly important commercial corridor. There are a lot of factors to consider. This is basically another layer to the critical areas inventory that is considered when regulating specific land uses. There are going to be uses that will be prohibited in those areas. Board Member Golembiewski asked if the code gets more prohibitive the closer you get to the well. Senior Planner Clugston replied that generally, in other codes, the closer you are the higher the level of regulations. Board Member Golembiewski noted that maps like these seem a little arbitrary because something might be allowed in one location and then a hundred feet away not be allowed. How do they intend to handle land use issues like that. Senior Planner Clugston explained that the intent is to have different regulations in different areas (10-year, 5-year, 1-year, 6-month, etc.). Vice Chair Tragus-Campbell asked how often the science gets updated to make these maps. Planning Manager Levitan replied that it would get updated periodically. He thought perhaps when the critical areas ordinance is being updated would be a good opportunity to look at updated science. Board Member Mitchell asked if other jurisdictions are required to adopt Edmonds' regulations when the areas on the map branch into adjacent jurisdictions. Senior Planner Clugston replied they are not; they have their own regulations. Board Member Mitchell asked if it would be worthwhile to look at what adjacent jurisdictions are doing to try to align the regulations. Senior Planner Clugston replied that the four different jurisdictions he looked at were wildly different in what they were looking at. The City of Issaquah's ordinance seemed like a reasonable place to start. Board Member Maxwell noted that if Olympic View had located the well further west, they could have avoided having the CARA overlap with the commercial district on Highway 99. He asked if the City had considered other locations that would be less likely to bump into businesses that would be disrupted. Planning Manager Levitan was not sure about the types of discussions there were and what kinds of interagency and interjurisdictional discussions they had. Board Member Maxwell said he just wanted to be explicit that the issue existed. He added that no matter what they do now the businesses that are currently on Highway 99 are going Planning Board Meeting Minutes May 24, 2023 Page 4 of 5 Packet Pg. 16 8.A.a to pollute the water for the next ten years. Olympic View must have been okay with that when they selected that site. Vice Chair Tragus-Campbell did not think staff should spend their time looking into the question of the well selection process for this issue. She would prefer that staff s limited time be spent elsewhere. She suggested it would be reasonable for the City to express that if in the future Olympic View decides they want to put another well in that could potentially impact the City of Edmonds, the City should have a seat at the table to help with that placement. Planning Manager Levitan wasn't sure what the interlocal agreement with the water district related to this looks like, but he thought it would be fair to have some opportunity for commenting because it does impact Edmonds' land use regulatory framework. PLANNING BOARD EXTENDED AGENDA Mr. Levitan reviewed the extended agenda. Discussion followed. Vice Chair Tragus-Campbell asked staff to discuss the opportunity for an Economic Development Commission liaison. Planning Manager Levitan explained that in the past there was a Planning Board member who served as an ex oficio member. If someone is interested in serving in that role, the Board has the ability to appoint that position. Vice Chair Tragus-Campbell thought it would be great for the Board to be able to fill that role provided that somebody has the time to do so. There was no one available, but Vice Chair Tragus-Campbell recommended bringing it up again later to see if someone can handle it in the future. PLANNING BOARD MEMBER COMMENTS Board Member Maxwell requested the results of the tree survey and the vision survey. Planning Manager Levitan replied that staff could provide those. Vice Chair Tragus-Campbell expressed appreciation for everybody's thoughts and feedback. She thanked staff for their hard worked and commended Deputy Director Burley for her incredible work putting together the athletic field use and reservation policy. I\ 1 Lei I] -,]0 1 �1►Y W The meeting was adjourned at 8:52 p.m. Planning Board Meeting Minutes May 24, 2023 Page 5 of 5 Packet Pg. 17 8.A.b w C>/ EDP d C)CiUC:iic)ri TCJ ..)oe-%l�eNrt-4o A ra *1A [��M sII by'JIMAIIIIIII Packet Pg. 18 8.A.b E Packet Pg. 19 Critical aquifer recharge areas (CARAs) are established to protect public groundwater drinking supplies from What is a potential contamination and to ensure CARA? adequate groundwater availability. They are required by and treated as critical areas under the Growth Management Act (GMA). Current Edmonds code (from 2016) states the are no CARAs in the city why (Chapter 23.60 ECDC) Update? In 2022, City learned there were two CARAs in Edmonds (Olympic View Water &Sewer District wellhead protection areas) Best Available Science (BAS) provided by Olympic View (2018) Literature Ecology CARA guidance (2021) Review Codes from Issaquah, Shoreline, MLT, Town of Woodway, Snohomish County IF q6dj 7L 16 l, .' } of ; #' F 4� *-Iwo yid JI. ;Yfv00,. A NA # ar 0 # *► 4pp Olympic View Water and Severer District'Service Are "� 4+ * `' ` ;" IF ■ 'b . 0 '■ �� L ) Plop- 2 tWe 11 fie Deer ' Springs � - � � a r.J. s v y N •�_ _ d. # F # x + #ITd L++iF ,. + *" • # . f *' 'mot` . #• 4,W " .1'; cC } • %e — . rlr A j L.1114 ^ ` f PA Packet Pg. 23 8.A.b Model Boundary V-/ Precipitation V- V Runoff QVt Infiltration Discharge Flow Direction uget ound r Precipitation well Di5chae 1r S, Runoff �rr�rltrat�o.rr Ova Leakage Stream~ L 0 Q� Model Boundary O U r R 0 QVt Water Tal M N N _ - LO m a N c a� E r a r E r a PM; M7W Snohomish County F19L WE August 2018 T 27 N1R 3.4 E Con ROB 1 N SON 16 -�47A Drawing Noll. to Scale Packet Pg. 24 NOBLE Olympic View Dater and Seer DlatrlC:ll I a �4 EDMONDS ,. Olympic View Group A Wellhead Protection Areas near Edmonds > 5,1 T 11 f0 } NI' Deer Creek Springs W 00DWAY ■ I t 1 _ + n .— - . r� ■ ■ 228t" Street Wellfield F. 1 Ila-THSI s Buffer k J T, ■ 4, PL S% LAKE 8ALLIN(AR %,o Packet Pg. 25 Q TH T I 10 q 1f � SHORELINE 8.A.b Edmonds Zoningin DeE L 4- Creek Springy Wellhead J • ~. Protection Ar U D � L _ Q ED f OND +- 4 N L _ k U Cl) N RM-1.5 L Y'f r T7 ] 1 7 Y N C N E L V a I = C i cc *: Packet Pg. 26 ? r' 91 / — Edmonds Zoning in 228th Street Wellfield Wellhead Protection Area U r 0 L) 0 .1 �7 Packet Pg. 27 1 Integrate with existing stormwater codes (ECDC 18.30) Prohibit land uses with most potential Regulations for contamination Auto wrecking yards, dry cleaners using being chlorinated solvents, cemeteries, considered underground hazardous material storage and pipelines Regulate new and existing facilities handling and storing hazardous materials Board questions and feedback Draft code being reviewed by Next Steps stormwater staff and Olympic View Could return for an additional work session if desired or go to public hearing 8.A.c 2.6 Designating and Protecting Critical Aquifer Recharge Areas Potable water is an essential life sustaining element for humans and many other species. Much of Washington's drinking water comes from groundwater sources. Once groundwater is contaminated it is difficult, costly, and sometimes impossible to clean up. Preventing contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people and ecosystems.148 Local governments should know where their community's drinking water comes from, how their community depends on groundwater for drinking water, what could contaminate drinking water sources, and how to prevent contamination. The Minimum Guidelines define critical aquifer recharge areas (CARAs) as areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.149 The quality and quantity of groundwater in an aquifer is inextricably linked to its recharge area. Where aquifers and their recharge areas have been studied, affected counties and cities should use this information as the basis for classifying and designating these areas. Where no specific studies have been done, counties and cities may use existing soil and surficial geologic information to determine where recharge areas exist. Wellhead protection areas defined by drinking water purveyors can provide information about recharge area. The Department of Health maintains a map of these areas."' To determine the threat to groundwater quality, existing land use activities and their potential to lead to contamination should be evaluated.151 The risk of groundwater contamination depends on two main sets of conditions. One set of conditions relates to the ground itself and how easy it is for water to pass through to groundwater. If soils and the underlying ground are very permeable and the groundwater table is shallow, then the hydrogeologic conditions are susceptible to contamination. In addition, a source of recharge, like rain or irrigation, must be present before contaminants would be carried down to the water table. This is what is meant by hydrogeologic susceptibility. The other set of conditions relates to how likely it is for potential contaminants to reach groundwater. The amount of potential contaminant material, chemical composition, and how the material is handled all contribute to how easily potential contaminants may reach groundwater. This is commonly known as contamination loading potential or source loading. To determine the threat to groundwater quality, existing land use activities and their potential to lead to contamination should be evaluated. 148 WAC 365-190-100(1) 149 WAC 365-190-030(3) 150 https://fortress.wa.aov/doh/eh/dw/swap/maps/. 151 WAC 365-190-100(2) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 30 8.A.c Hydrogeologic susceptibility provides the basis for classifying CARAs in terms of relative risk of contamination. Evaluation of potential contaminant loading provides information for policy, planning, management, and regulation of land uses that pose a risk to highly susceptible areas so that contamination can be prevented. Counties and cities must classify CARAs according to the aquifer vulnerability. Vulnerability is the combined effect of hydrogeological susceptibility to contamination and the contamination loading potential. High vulnerability is indicated by land uses that contribute directly or indirectly to contamination that may degrade groundwater, and hydrogeologic conditions that facilitate degradation. Low vulnerability is indicated by land uses that do not contribute contaminants that will degrade groundwater, and by hydrogeologic conditions that do not facilitate degradation. Hydrologic conditions may include those induced by limited recharge of an aquifer. Reduced aquifer recharge from effective impervious surfaces may result in higher concentrations of contaminants than would otherwise occur.'52 Important Considerations for Designating Critical Aquifer Recharge Areas Characterize Hydrogeologic Susceptibility Depth to ground water is a main factor used in contamination risk assessment for CARAs. Other factors are helpful in understanding the hydrogeologic system. These parameters help with understanding where ground water is, where it comes from, where it moves to, and how much there is. To characterize hydrogeologic susceptibility of the CARA to contamination, counties and cities may consider the following physical characteristics: O Depth to groundwater O Aquifer properties such as hydraulic conductivity, gradients, and size O Soil (texture, permeability, and contaminant attenuation properties) O Characteristics of the vadose zone including permeability and attenuation properties O Other relevant factors153 Evaluate Potential Contaminant Loading Risk Factors The following may be considered to evaluate vulnerability based on the contaminant loading potential: O General land use O Waste disposal sites O Agricultural activities O Water quality test results O Proximity to marine shorelines O Other information about the potential for contamination 152 WAC 365-190-100(3) 153 WAC 365-190-100(3)(a) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 31 8.A.c Classification Strategy A classification strategy for CARAs should be to maintain the quality, and if needed, the quantity of the groundwater, with particular attention to CARAs with high susceptibility. In CARAs that are highly vulnerable, studies should be initiated to determine if groundwater contamination has occurred. Classification of these areas should include consideration of the degree to which the aquifer is used as a potable water source, feasibility of protective measures to preclude further degradation, availability of treatment measures to maintain potability, and availability of alternative potable water sources.154 Examples of areas with a critical recharging effect on aquifers used for potable water may include: O Recharge areas for sole source aquifers designated pursuant to the federal Safe Drinking Water Act O Areas established for special protection pursuant to a groundwater management program, chapters 90.44, 90.48, and 90.54 RCW, and chapters 173-100 and 173-200 WAC O Areas designated for wellhead protection pursuant to the federal Safe Drinking Water Act O Areas near marine waters where aquifers may be subject to saltwater intrusion O Other areas meeting the definition of "areas with a critical recharging effect on aquifers used for potable water" in these guidelines.155 Even if an area is not designated in the above list (sole source aquifer, wellhead protection area, etc.), the physical characteristics such as depth to water or permeability should to be used to designate CARAs. Tools to Help Evaluate, Classify, and Designate Critical Aquifer Recharge Areas Some helpful information sources and tools for CARA analysis include: O Professional expertise from staff hydrogeologists, consultants, or resource agencies O Well logs and site reports — permitted sites, cleanup sites, civil engineering sites O Water level measurement and water quality sampling O Models O USGS topographic maps O Geologic and hydrogeologic studies and maps O Soil surveys and maps. The Natural Resource Conservation Service (NRCS) soil survey's soil infiltration map layer can be used to classify susceptibility of CARAs to contamination if other science is unavailable. O Contaminant inventories and contaminated site maps. Ecology's toxic cleanup program maintains a list and map of known and suspected groundwater contamination sites. O Wellhead protection areas. DOH's Source Water Assessment Program (SWAP)Map shows wellhead protection areas, which should be given special consideration to limit land uses that could cause contamination. Group A public water systems must designate wellhead protection areas that typically encapsulate the six month time of travel for contaminants ("time of travel" refers to how long it would take for contaminants released on the ground to enter the groundwater and wells). Group B public water systems have wellhead protection areas with a set 600 foot radius. The SWAP map shows the six month time of travel, as well as one, five, and ten year times of travel. DOH encourages local governments to use the online map because wellhead protection areas can change over time as water system plans are 154 WAC 365-190-100(4)(a) 155 WAC 365-190-100(4)(b) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 32 8.A.c updated, added, or removed. In some small jurisdictions, there may be very little land outside a wellhead protection area, and it may be easier to designate the entire jurisdiction as a CARA. O Nitrate priority areas. A map of nitrate contamination across the state shows nitrates in well water samples from the DOH, USGS, and Ecology. Ecology used this groundwater sampling data, along with the geology, soils, and USGS nitrate risk analyses to develop recommended nitrate priority areas. When drinking water supplies contain high levels of nitrates, water systems may have to treat the water, blend it with another water source, drill a new well or deepen a well, all of which are very expensive. In some cases, local water purveyors have already performed significant portions of the foundational work necessary to enable a local government to designate and direct aquifer recharge protection.15' A local government needn't "reinvent the wheel" in performing its CARA analysis. It can use studies, maps, and other information the water purveyor provides. In all cases, water purveyors have data about the aquifers they use for their supplies, which can help delineate specific CARAs and their susceptibility. At the same time, local governments should regard this as valuable resource information only, keeping in mind that relevant case law (see below) contradicts merely adopting a protective area identified by a water purveyor without a more encompassing analysis. This information -sharing is often easier with a municipally owned water system, as staff -to -staff consultation can occur internally. With a separately operated system such as a special purpose district, the jurisdiction should engage the purveyor in stakeholder communications when looking at CARA regulations. This is intended to be a back -and -forth communication. As part of their water system planning responsibilities, public water purveyors must: O Ask each local government with jurisdiction over the service area (recognizing that it may overlap) to provide a consistency review on its water system plan. This takes the form of 60-day notice similar to GMA updates/amendments. If the local government requests it, an additional 30 days' review time can be provided. O Include a consistency review with supporting documentation describing how it has considered consistency with local plans and regulations.157 Resources for more information about designating and protecting CARAs include Ecology's Critical Aquifer Recharge Areas: Guidance Document15' and a list of maps and data. GMHB Decisions: Designating CARAs WAC 365-190-040(5)(b) states that in circumstances where critical areas cannot be readily identified, these areas should be designated by performance standards or definitions. WAC 365-190-040(5)(c) provides that designation could be satisfied by the adoption of a policy statement. The Eastern Washington GMHB found that CARAs expressly fall within this realm because, unlike wetlands or streams that can be visually delineated, 156 See, generally, Chapter 246-290 WAC for water system planning requirements, including wellhead protection plans. Source documentation is set forth in WAC 246-290-130, source protection is addressed in WAC 246-290135, and watershed control is included in WAC 246-290-668. Source control areas, watershed control programs, and wellhead times of travel are particularly related to emplacing meaningful land -use regulations that protect source water, particularly constraints on certain uses that could pollute. 157 WAC 246-290-108 158 DRAFT - Draft - 2021 Critical Aquifer Recharae Areas: Guidance Document (wa.aov) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 33 8.A.c the underground nature of an aquifer provides for a more challenging determination as to their location and boundaries.159 The Eastern GMHB found that Walla Walla County relied exclusively upon pre-existing "wellhead protection areas" as satisfying the GMA requirement to designate CARAs. The GMHB found that this approach is not supported by the science. The scientific information did not indicate that using wellhead protection areas alone is sufficient to protect the large gravel aquifer. Individual wellhead protection areas may protect some wells that constitute regulated public water systems, but there was no evidence in the record that this approach protects the large number of unregulated individual or exempt wells, nor was there any evidence that this approach is sufficient to protect the larger gravel aquifer which underlies a land area of about 190 square miles.160 The WAC 365-190-[100(2)] guidelines state that to determine the location of CARAs, counties may use existing soil and surficial geologic information. The Eastern GMHB found the record did not show that Walla Walla County made any such determinations as to the gravel aquifer recharge areas. In the absence of basic locational information on specific recharge areas, the County could not effectively determine which areas are "critical" to preventing adverse impacts to the aquifer. Moreover, the record didn't not show a consideration of the WAC guidelines that prescribe (1) an evaluation of the threat of ground water contamination from existing land use activities,16' and (2) the designation of aquifer specific recharge areas based upon vulnerability of the aquifer to contamination.162 The GMA does not necessarily require designation of the entire 190 square mile aquifer. Rather, the GMA requires designation and protection of "areas with a critical recharging effect on aquifers used for potable water." The GMHB concluded that the extent of these designated critical recharge areas, as distinct from the underlying aquifer itself, is determined through a substantive consideration of best available science, which has not yet occurred in Walla Walla County.163 WAC 365-190-080(4) states that counties and cities should designate critical areas by using maps and performance standards, and counties and cities should clearly state that maps showing known critical areas are only for information or illustrative purposes. The Eastern GMHB found that, during its compliance efforts, Yakima County's CARA map, which was based on older, superseded science, was not reviewed or revised to reflect updated best available science. Without a mapping update to include best available science, the pre- existing CARA designation map did not comply with the GMA.16a 159 Hazen, et al v. Yakima County, 08-1-0008c (April 5, 2010), FDO at 22-23.. 160 Citizens for Good Governance v. Walla Walla County, 09-1-0013 (May 3, 2010) Final Decision and Order at 6-7. 161 WAC 365-190-100(2) 162 Citizens for Good Governance v. Walla Walla County, 09-1-0013 (May 3, 2010) Final Decision and Order at 7-8, quoting WAC 365-190-100(3). 163 Id, at 10. 164 Hazen, et al. v. Yakima County, Coordinated Cases 08-1-0008c and 09-1-0014, Coordinated Compliance Order/Issuance of Stay (April 27, 2011) at 10. CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS 41 Packet Pg. 34 8.A.c Protecting Critical Aquifer Recharge Areas Local jurisdictions may require additional precautions for land uses located in CARAs. For example, a county might require a tow yard operator to use a building pad for storage in a wellhead protection area. Ecology's guidance document lists concerns for land use types within CARAs, which include car -related uses with special concerns for petrochemical leaks, illegal dumping, tire piles, auto graveyards, car washes, chemical storage, and warehousing. In some cases, there are legacy groundwater issues from facilities built many years ago. Groundwater contamination can occur over time until it is finally discovered. A high profile example is PFAS contamination; PFAS is a forever chemical that does not degrade, moves around readily in groundwater, and accumulates in the human body. Legal cases have impacted multiple water districts in other states and local governments are encouraged to consult their attorney or other legal counsel to manage their risk from these types of contamination issues. It is important to note that the "no net loss" concept does not readily apply to groundwater protection. No net loss means maintaining the same functions and values of critical areas that existed in the baseline year of 2011,165 but there is no good baseline for groundwater. Groundwater is always moving, so if contamination was detected in a well, this would require that same level of pollution to be maintained, which is illogical. No net loss also implies that some degree of loss might be okay as long as it is compensated, but that is not the case with drinking water. Department of Health (DOH) emphasizes that the compensatory mitigation provisions of WAC 365-196-830 are carried through to only two specific critical areas types - geologically hazardous areas (WAC 365-190-120) and wetlands (WAC 365-190-090) - but do not extend to CARAs (not included in WAC 365-190-100) or other critical area classes. Attempting to apply compensatory mitigation to CARAs implies that some degree of degradation to an aquifer is acceptable, while allowing even a limited degree of harm to an aquifer could result in lost potability, and it is impossible to create a new aquifer as an offset. CARA planning and the associated ordinances may take into consideration existing groundwater protection programs such as: 0 Sole source aquifer recharge areas designated pursuant to the federal Safe Drinking Water Act. 4 Groundwater management areas established for special protection pursuant to a ground water management program, Chapters 90.44, 90.48, and 90.54 RCW, and Chapters 173-100 and 173-200 WAC. O Source water/wellhead protection areas designated pursuant to the federal Safe Drinking Water Act and state requirements. The bottom line is to maintain your drinking water in a drinkable condition. The GMA land use element requires attention to both quality and quantity. Water sources for all types of water systems must be protected, not just publicly owned systems. It is much cheaper to take the necessary steps to prevent water contamination than to try to clean it up later. Ecology and DOH offer additional guidance, resources and assistance for protecting CARAs. Ecology's CARA guidance document can be found on their website. DOH offers review and technical assistance for CAO and comprehensive plan updates related to wellhead protection areas. Wellhead protection areas are a type of 165 WAC 365-196-830(8)(a) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 35 8.A.c CARA166 for which separate guidance exists. In addition, Ecology has produced its own guidance specific to CARAs.167 Saltwater Intrusion in Coastal Freshwater Aquifers Saltwater intrusion, or encroachment, is defined as the migration of saltwater into freshwater aquifers under the influence of groundwater development.168 Saltwater intrusion becomes a problem in coastal areas where freshwater aquifers are hydraulically connected with seawater. When large amounts of fresh water are withdrawn from these aquifers, hydraulic gradients encourage the flow of seawater toward the pumped well or wells. Whether or how fast this may occur depends on several factors, including the nature of the aquifer, the amount of precipitation recharging the aquifer, and the amount of ground water used. Seawater intrusion can and has occurred in various coastal and island communities in Washington state. Seawater intrusion into potable water aquifers could affect any of at least 13 counties in Puget Sound and the Washington coast. As popular shoreline areas are increasingly developed, the limits to relying on ground water for potable water supply may be reached. Saltwater intrusion can be an intractable problem to solve once it has occurred. A commonly proposed solution in some shoreline areas is to provide a public water supply where salt water intrusion is suspected. In the absence of a reliable public water supply, setting reasonable limits to shoreline development may be needed. If the jurisdiction has designated the area as a CARA, then delineation of the boundaries based on locally developed geologic and hydrological information will be a useful tool in developing strategies and determining future land use designations and densities. It should be understood that providing a public water supply may not be a complete planning solution. Other development impacts, such as wastewater disposal, vegetation removal, and stormwater runoff also cam degrade the shoreline environment and potentially can threaten the potable water aquifer serving existing residences. Thus, while this problem primarily involves potential impacts of ongoing population growth on ground water supply limits, it can also be just one part of a planning problem that requires addressing fundamental planning issues, such as appropriate rural shoreline population density, rural area service delivery, and critical areas protection. How can it be controlled? The first step in correcting problems with salt water intrusion is to evaluate the size and extent of the problem. This is commonly accomplished by the installation of monitoring wells, used to determine the boundaries of the salt/fresh water interface and the rate at which salinity levels increase. Monitoring data and other information on the hydrologic and geologic properties often is incorporated into problem analysis in order to predict future conditions and to evaluate remediation alternatives. Possible approaches for local governments to consider include adopting regulations that control the development of new water wells based on analyses of existing nearby water well chemistry, known aquifer sensitivity, or water supply limits. Such options to consider include: O Prohibit new wells 166 https://www.doh.wa.aov/Portals/1/Documents/Pubs/331-018.pdf. Health expects to begin updating this document soon. 167 https://fortress.wa.aov/ecY/publications/documents/0510028.pdf. Ecology expects to begin updating this document soon. 168 See Freeze, S.F. and J.A. Cherry, Groundwater, Prentice Hall, Inc. 1979. CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 36 8.A.c O Require water quality and quantity monitoring in areas suspected of high salinity O Reduce pumping (metering withdrawal will be a useful tool to monitor results) O Relocate wells O Directly recharge aquifer (primarily surficial aquifers) O Recharge fresh water into wells paralleling the coast, creating a hydrodynamic barrier O Extract seawater before it reaches wells O Establish seasonal or periodic water use restrictions O Prepare scientific hydrogeologic reports to support new well development. GMHB Decisions: Saltwater Intrusion The Western Washington GMHB was not persuaded by Jefferson County's argument that it has no authority to impose some form of water conservation measures, limiting the number of new wells allowed, or other measures to reduce the withdrawal of groundwater from individual wells if that withdrawal would disrupt the seawater/freshwater balance and lead to greater seawater intrusion. The exemption of RCW 90.44.050 does not limit a local jurisdiction from complying with its mandate for protection of groundwater quality and quantity under the GMA.169 In a subsequent Jefferson County decision,170 the Western GMHB found that a county that has considered the best available science and adopted less stringent protection standards that balance the need for protection of potable water supplies against the chilling effect of regulation against development has complied with the GMA only if the county also adopts a monitoring strategy that includes stricter development regulations that will be implemented at once if the less stringent protection standards prove to be inadequate to protect against seawater intrusion. The GMHB also found: O Both the GMA and Jefferson County's own comprehensive plan require a county to protect not only those places where freshwater enters the ground, but also the aquifers they feed. The Board held the County must classify and designate seawater intrusion areas as critical areas, including best available science in a substantive way. O Although the County claimed that the data in the record were not adequate to designate vulnerable seawater intrusion areas, this did not nullify the County's obligation to take action to designate and protect CARAs including aquifers used for potable water. O A county's decision to use a different approach than previously adopted does not necessarily make that choice non-GMA compliant. However, the new approach must comply with the Act. The county's approach of failing to designate any vulnerable seawater intrusion areas as critical areas does not comply with the Act. O It makes great sense for the intergovernmental planning group to study water issues on a watershed basis. However, that group has no authority to take binding action on this issue. The county cannot abdicate its GMA responsibility for seawater intrusion designation to the planning group. The Western GMHB also addressed expansion by San Juan County of an urban growth area (UGA) into a CARA and found, in light of the limitations of its ground water model and the data assembled to date, the studies did not conclusively show that the increased densities of the UGA will not result in saltwater intrusion into the 169 Olympic Environmental Council v. Jefferson County, 01-2-0015 (FDO, 1-10-02). 170 Olympic Environmental Council, et al. v. Jefferson County, 01-2-0015 (Compliance Order, 12-4-02). CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 37 8.A.c water supply. The GMHB held that the adaptive management program recommended by the advisory group is a necessary part of the County's protection strategy. Until the County completed these missing pieces, the Board found that the Lopez Village UGA failed to comply with RCW 36.70A.070(3)(a)-(d), RCW 36.70A.070(1), and RCW 36.70A.020(10) and (12).17' Special Consideration for Anadromous Fisheries Some aquifers may also have critical recharging effects on streams, lakes, and wetlands that provide critical fish and wildlife habitat. Protecting adequate recharge of these aquifers may provide additional benefits in maintaining FWHCAs.12 CARAs contribute to groundwater quality and instream flow. While CARAs are designated and protected to ensure availability of potable water, the groundwater resource also interacts with streams. Both discharge and recharge areas help cool summer daytime temperatures and provide year-round habitat for invertebrates, an important salmonid food source. Protecting CARAs from stormwater pollution helps protect water quality for salmonids. 171 Stephen F. Ludwig v. San Juan County, Case No. 05-2-0019c (FDO, Compliance Order, April 19, 2006) 172 WAC 364-190-100(4)(c) CHAPTER 2: DESIGNATING AND PROTECTING CRITICAL AREAS Packet Pg. 38 8.A.d Draft Edmonds CARA Update 2023 Chapter 23.60 CRITICAL AQUIFER RECHARGE AREAS . . 11IM"•. ... . .•. . .. .. . . . ... Sections: 23.60.010 Purpose and Intent. 23.60.020 Mapping, Classification, Applicability and Local Consultation. 23.60.030 PerferMange-StapAaf& Regulated Activities. 23.60.010 Purpose and Intent. The purpose of this chapter is to establish critical aquifer recharge areas (CARAs) and groundwater protection standards to protect aquifers from degradation and depletion. The intent is to minimize loss of recharge quantity, to maintain the protection of supply wells for public drinking water, and to prevent contamination of groundwater. Packet Pg. 39 8.A.d Draft Edmonds CARA Update 2023 23.60.020 Mapping, Classification, Applicability, and Local Consultation. A. Mapping. Olympic View Water and Sewer District (Olympic View) has two Group A wellhead protection areas in Edmonds: Deer Creek Springs and the 228t" Street Wellfield. Deer Creek Springs itself is located west of Edmonds in the Town of Woodway while the 228t" Street Wellfield is located in Esperance (unicorporated Snohomish County), which is surrounded by Edmonds. Both areas have been mapped and modeled using best available science and include four travel time zones (6 month, 1 year, 5 year, and 10 year) plus an additional buffer, which is the entire zone of contribution for the wellhead protection area. An area of exposed highly sensitive soils (Qva aquifer) is also mapped. B. Classification. CARAs are classified using the following criteria: 1. Class 1 CARAs include those mapped areas located within the 6 month. one (1) and five (5) year capture zones of a wellhead protection area. 2. Class 2 CARAs include those mapped areas located within the ten (10) year capture zone of a wellhead protection area. 3. Class 3 CARAs include those mapped areas in the wellhead protection area buffer. that C. Applicability. The provisions of this chapter apply to regulated activities occurring within Class 1. Class 2 and Class 3 CARAs as identified in the Citv of Edmonds GIS. which may be updated as new information becomes available. D. Local Consultation. The City of Edmonds will notify Olympic View when new development applications are submitted within the mapped CARAs. Typical applications will include but not be limited to: single family/multifamily/commercial building permits, and short/formal subdivisions. 23.60.030 °crfarmaTce Gptanda4s Regulated Activities. A. Generally. In addition to this chapter, standards and requirements for stormwater infiltration are found in Chapter 18.30 ECDC, Stormwater Management. B. Table 23.60.030.1. CARA Prohibited and Restricted Uses. establishes land uses and related activities that are prohibited and restricted within a specific CARA classification and applies to any new use or activity proposed after [MONTH DAY], 2023. New land uses or activities that pose a hazard to the City's groundwater resources, resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances, are prohibited in Critical Aquifer Recharge Areas 1 and 2. Some uses are prohibited in all CARA classes. Uses and activities lawfully established prior to [MONTH DAY], 2023, are not considered to be legal nonconforming uses subject to Chapter 17.40 ECDC. and may continue to operate within the scope of the existine use. Packet Pg. 40 8.A.d Draft Edmonds CARA Update 2023 Table 23.60.030.1. CARA Prohibited and Restricted Uses Use Activity I CARA Restriction All mineral resource uses Mining, processing and reclamation of any type below the water table or the upper surface of the Cemeteries Hazardous liquid transmission pipelines 3turated groundwater is prohibited in Class 1 and 2 hydrogeologic report is required for the use 3 CARA outside of the area of exposed QVa. nd in exK ianaaem rohibited in the Class 1 and 2 Va soils in Class 3 CARA. Best BMPs) and i •Pnuirt-d fnr As defined in Chapter 81.88 RCW, pipelines are ort is required for the use in Class 3 CARA outside he area of exposed QVa. Hazardous waste storage and/or Hazardous waste storage and/or treatment facilities treatment facilities and/or processing, or as defined by Chapter 173-303 WAC are prohibited disposal of radioactive substances in all CARA classes. All automotive uses bstances as defined in RCW 170.99.0201 is efined by RCW 170A.390.0201, that is held for isposal. boveground storage tanks for hazardous seconclary Containment area(s) ano Spill protection plan are prohibited in Class 1 and 2 CARA as well as in exposed QVa soils in Class 3 CARA. A hydrogeologic report is required for the use in Clas! 3 CARA outside of the area of exposed QVa. ehicle towing yards that store vehicles on ermeable surfaces are also prohibited. Service xposed QVa soils in CI outside of the area of nd 2 CARA as vv :ARA. In Class 3 ed QVa. vehicle 3 Packet Pg. 41 Draft Edmonds CARA Update 2023 8.A.d repair and servicing must be conducted indoors over impermeable pads. For underground storage tanks (UST) with hazardous substances, applicants must demonstrate that the facility complies with federal and state laws. Dry cleaning Dry cleaning using chlorinated solvents or using solvent perchloroethylene is prohibited in all CARA classes. Large on -site sewage systems, as defined Prohibited in all CARA. in Chapter 246-272 WAC Solid waste landfills Prohibited in all CARA. Solid waste is defined in WAC 173-304-100. Solid waste transfer stations Prohibited in all CARA. Solid waste is defined under WAC 173-304-100. Petroleum refinement processes, including any related reprocessing or storage Prohibited in all CARA. Bulk storage facilities where flammable or Prohibited in all CARA. combustible liquids, solids, or gels are received by pipeline or tank vehicle, and are stored or blended in bulk for the purpose of distributing such substances by pipeline, tank vehicle, portable tank, or container Chemical manufacturing, including but not Prohibited in Class 1 and 2 CARA as well as in limited to organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, exposed QVa soils in Class 3 CARA. A hydrogeologic report is required for the use in Class 3 CARA outside of the area of exposed QVa. Applicants must paints and lacquers, and agricultural chemicals demonstrate that the facility complies with federal and state laws. Primary and secondary metal industries Prohibited in all CARA. that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials Wood preserving and wood products preserving Prohibited in all CARA. Mobile fleet fueling oaerations (Prohibited in all CARA. 4 Packet Pg. 42 Draft Edmonds CARA Update 2023 8.A.d "Mobile fleet fueling" means the practice of filling fuel tanks of vehicles from tank vehicles. Mobile fleet fueling is also known as wet fueling and wet hosing. Mobile fleet fueling does not include fueling at construction sites. Refer to the City's adopted Surface Water Refer to the City's adopted Surface Water Management Codes for regulations related to underground infection wells. Management Codes for regulations related to underground infection wells Permanent dewatering of the aquifer when done as part of remediation action Prohibited in all CARA. that is approved by the Department of Ecology Irrigation and infiltration of greywater Prohibited in all CARA. Reclaimed or recycled water use with the Prohibited in all CARA. exception of uses that discharge to the sanitary sewer Hydrocarbon extraction Prohibited in all CARA. Metal recycling facilities with outdoor storage and handling activities Prohibited in Class 1 and 2 CARA as well as in exposed QVa soils in Class 3 CARA. A hydrogeologic report is required for the use in Class 3 CARA outside of the area of exposed QVa. C. Regulation of facilities handling and storing hazardous materials. Activities may only be oermitted in a critical aauifer recharize area if the aoolicant can show that the proposed activity will not cause contaminants to enter the groundwater by compliance with the best management practices (BMPs) for handling and storing hazardous materials. The Citv may imaose develoament conditions in accordance with BMPs to revent degradation of groundwater. 1. Best Management Practices for Handline and Storine Hazardous Materials. Packet Pg. 43 Draft Edmonds CARA Update 2023 8.A.d Any facility, activity, or residence in the City in which hazardous materials or other deleterious substances are present must be operated in a manner that ensures safe storage, handling, treatment, use, production, and recycling or disposal of such materials and substances and prevents their unauthorized release to the environment. Businesses, cemeteries and schools that store and/or handle hazardous materials must, at a minimum, comply with the following BMPs: a. Waste disposal and record keeping of disposal and use activity; b. Spill containment supplies and an emergency response plan; c. An emergency response training plan for all employees; d. Hazardous materials must be stored using secondary containment measures at all times; e Periodic monitoring of the storage areas and methods used for containment must be reviewed: i. On a regular basis; ii. Whenever business practices change regarding hazardous materials; and iii. As required by laws and regulations; f. In no case may hazardous materials or other deleterious substances be stored, handled, treated, used, produced, recycled, or disposed of in a way that would pose a significant groundwater hazard within the City. 2. Hazardous Materials Inventory (HMI). The HMI statement is intended reflect all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility. The HMI must always be kept on site. New and existing commercial land uses, schools and cemeteries located in Class 1 and Class 2 CARAs must submit an HMI statement: a. Within 1 vear of the effective date of the ordinance codified in this chanter: b. With any new land use or building permit application; c. With a new business license; and d. At periodic intervals as needed to keep up with changing business practices. 3. Hazardous Materials Management Plan (HMMP). Hazardous materials auantities correspond to the aggregate total of all hazardous materials, not individual chemicals. Facilities that use aggregate auantities of hazardous materials eaual to or greater than 0 Packet Pg. 44 Draft Edmonds CARA Update 2023 8.A.d 20 gallons or the equivalent of 200 pounds, or that use hazardous materials that may be a potential risk to the WHPA, are reviewed to determine the potential risk to the groundwater and the need for an HMMP. Commercial land uses and activities using aggregate quantities of hazardous materials equal to or greater than 50 gallons or the equivalent of 500 pounds, or that use hazardous materials that are considered to be a potential risk to the groundwater in lower quantities, must submit an HMMP to the City. a. The City requires an HMMP based on the type and aggregate quantity of inventoried material. The following are exempt from an HMMP: i. Retail sale of containers 5 gallons or less in size when the business has fewer than 500 gallons on the premises at any one time; and ii. Hazardous materials of no potential risk to the wellhead protection areas. b. HMMPs must demonstrate implementation of BMPs. An HMMP must be completed by the facility operator and must always kept on site and include: i. A description of the facility including a floor plan showing storage, drainage and use areas. The plans must be legible and approximately to scale; ii. The plan must include and identify all hazardous materials containers, sizes, storage locations and methods of secondary containment of the hazardous materials; and iii. The plan must, at a minimum, include how the facility implements the BMPs as identified in this code. 4. Inspections. The City has the right to inspect a facility at reasonable times for the purpose of determining compliance with this chapter. Inspections may include, but are not limited to: a. Visual inspections of hazardous materials storaEre and secondary containment area b. Inspections of HMMP; and c. Sampling of soils, surface water and groundwater. 5. Third -Party Review. The City may employ a hydrogeoloPic consultant licensed in Washington State at the applicant's expense for third -party review for compliance with the BMPs, the HMI and the HMMP. 6. Enforcement. Whenever a person has violated any provisions of this chapter, the City may take code enforcement action based on the nature of the violation including, but not limited to. abatement. iniunction. mitieation. fines and Denalties as set forth in Section 18.30.100 ECDC, Stormwater Management. Packet Pg. 45 8.A.d Draft Edmonds CARA Update 2023 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. "Aquifer" means a body of soil or rock that contains sufficient saturated material to conduct groundwater and vield usable auantities of eroundwater to sarines and/or wells. Best Available Science. See ECDC 23.40.310. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. City Council or Council. See ECDC 21.15.030. 8 Packet Pg. 46 Draft Edmonds CARA Update 2023 8.A.d "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: 1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 2. "Reestablishment" means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. "Enhancement" means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. "Preservation" means actions taken to ensure the permanent protection of existing high - quality wetlands. "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical aquifer recharge areas (CARAs)" means areas that are determined to have a critical recharging effect on aquifers used as a source for potable water, and are vulnerable to contamination from recharge, as identified in the City's GIS. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. Packet Pg. 47 Draft Edmonds CARA Update 2023 8.A.d "Deleterious substances" include, but are not limited to, chemical and microbial substances that are not classified as hazardous materials per this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements or treatment -based standards are enforced under Chapter 246- 290 WAC. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance, short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds development services director or his/her designee. "Division" means the planning division of the city of Edmonds development services department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of existing development" or "footprint of development" means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. 10 Packet Pg. 48 Draft Edmonds CARA Update 2023 8.A.d Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscape. "Hazardous materials" means any material, either singularly or in combination, that is a physical or health hazard, whether the materials are in usable or waste condition; and any material that may degrade surface water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials also include: all materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC; hazardous materials also include petroleum or petroleum products that are in liquid phase at ambient temperatures, including any waste oils or sludges. "Hazardous materials inventory (HMI)" is an inventory of all current and anticipated types and quantities of hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility as required in ECDC 23.60.030.C.2, Hazardous Materials Inventory (HMI). "Hazardous materials management plan (HMMP)" is a plan completed by the operator that demonstrates how the facility implements required BMPs as required in ECDC 23.60.030.C.3, Hazardous Materials Management Plan (HMMP). "In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in - lieu program sponsor, a governmental or nonprofit natural resource management entity. 11 Packet Pg. 49 Draft Edmonds CARA Update 2023 8.A.d Landslide Hazard Areas. See ECDC 23.80.020(B). "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff" means those employed in the planning division of the city of Edmonds development services department. 12 Packet Pg. 50 Draft Edmonds CARA Update 2023 8.A.d "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Recharge" means the arocess involved in the absorption and addition of water from the unsaturated zone to Lyroundwater. "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the redevelopment of a property or subject parcel. "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) "Storm Water Management Manual" means the storm water manual specified in Chapter 18.30 ECDC. "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams 13 Packet Pg. 51 Draft Edmonds CARA Update 2023 8.A.d naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wellhead protection area (WHPA)" means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord 3527 § 2, 2004. Formerly 23.40.3201. 14 Packet Pg. 52 8.B Planning Board Agenda Item Meeting Date: 07/12/2023 Comprehensive Plan Update and Highway 99 Proposed Approach Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Background/History At their July 5, 2023 special meeting, the City Council reviewed a draft scope of work and budget from a consultant team lead by VIA Architecture to provide services related to the 2024 Comprehensive (Comp) Plan Periodic Update, which must be adopted by December 31, 2024. VIA was selected by staff following a competitive request for proposals (RFP) process that resulted in four proposals, with the top two teams being interviewed in May 2023. Weblinks to the July 5 staff report and attachments (including the draft scope of work, which is also included as Attachment 1) and meeting video (the discussion starts at the 1:25:00 mark) are provided above. City Council had a robust discussion about the VIA scope of work on July 5, including numerous questions about their proposal to integrate the Highway 99 Planned Action Supplemental Environmental Impact Statement (SEIS) - which was approved by Council as part of the 2023 city budget and was included as an optional task in the Comp Plan RFP - into the Comp Plan EIS. Lindsey Amtmann from Herrera Environmental (the SEPA subconsultant for the VIA team) was in attendance to answer Council questions about the proposed approach. Ms. Amtmann emphasized that a consolidated approach would be the most efficient process in that it would take a holistic look at potential impacts and needed mitigation measures across the entire city, while allowing for the same level of environmental review and community engagement within the Highway 99 subarea that a separate SEIS would. She and staff also noted that per guidance from the Department of Ecology, a SEIS is typically reserved for situations where environmental conditions have changed significantly from those analyzed in the Planned Action EIS, or where a proposal has changed in a way that is likely to result in additional significant adverse environmental impacts. There are currently no specific changes to the Highway 99 subarea plan or implementing code language (both of which were approved in 2017) currently being proposed, and the number of residential units and non-residential square footage that have been approved (or are in the development pipeline) under the subarea's planned action ordinance are nowhere near the development thresholds covered by the planned action (3,325 units and 1.6 million square feet). As noted by staff on July 5, any changes to the development thresholds within the subarea will need to be reallocated to other areas of the city so that it can meet its 2044 growth targets, which will already require the city to provide zoned capacity for an additional 9,000 residential units over the next 21 years. Given this, should the Council wish to explore changes to development thresholds, building heights, or other zoning regulations within the subarea, it would be best to do so as one of the Comprehensive Plan EIS alternatives, so that citywide impacts can Packet Pg. 53 8.B also be evaluated. Staff Recommendation No formal action is required. The Planning Board is asked to review and provide feedback on the approach and scope of work, including VIA and staff's recommendation that the Highway 99 SEPA analysis be incorporated into the Comprehensive Plan EIS. Staff will also be continuing the discussion with the City Council's Public Safety, Planning, Human Services and Personnel Committee at their July 11 meeting and sending out notices to community members that provided public comments in Summer/Fall 2022 (during the 5-year review of the Planned Action Ordinance) requesting the preparation of a standalone Highway 99 SEIS. These community members will be invited to provide written comments and/or oral testimony at the upcoming City Council and Planning Board meetings. The VIA scope of work is currently scheduled to return to the full council at their July 18 regular meeting for potential approval of the contract. Narrative The proposed scope of work includes a significant amount of community engagement and a major focus on illustrative and graphic -rich processes and materials, which is one of the main assets of selecting an architecture/urban design firm as the prime consultant. A series of meetings are planned at the neighborhood level, which will allow for targeted feedback on important topics such as a waterfront vision, neighborhood commercial uses, middle housing, and environmental impacts. The preparation of one comprehensive EIS would allow the city to take a citywide approach to accommodating expected growth over the next 20 years, identifying potentially significant environmental impacts, and ensuring that adequate mitigation measures are proposed for the entirety of the city. The areas highlighted in red in Attachment 2 (to the July 5 staff report) identify the specific tasks, engagement efforts, and deliverables related to the Highway 99 SEPA analysis. Staff is currently working to align the scope of work and outreach strategy for the Comp Plan Update with other planned and potential projects, including the Transportation Plan Update, Reimagining Neighborhood and Streets, Climate Champions, and Highway 99 Landmark Site master planning. Planning Board feedback is requested so that the city can finalize the Comp Plan Update scope of work and complete this important work by the December 31, 2024 statutory deadline. Attachments: Attachment 1 - VIA Draft Scope of Work Video of July 5 City Council Discussion July 5 City Council Staff Report and Attachments Packet Pg. 54 8.B.a VIA - A PERKINS EASTMAN STUDIO CITY OF EDMONDS COMPREHENSIVE PLAN UPDATE SCOPE OF SERVICES May 2023 Phase 1 Project Management, Meetings and Community Engagement Task 1 Project Management and Meetings Task 1.1: Project Management: The Project Manager acts as the point person that coordinates with the City/Steering Committee regularly to address data needs, coordinate review meetings, and other issues as needed. The Project Manager will coordinate with subconsultants to ensure consistency in the products and coordination of scope items under their purview. The Project Manager will attend bi-weekly meetings to provide progress reports. This budget assumes 1.5 Consultant attendee for approx. 32 meetings for the 18-month period. Deliverables • Project Schedule updates per scope document • Project Management meeting action items, and minutes Task 1.2: Meetings with Planning Board: The consultant team will coordinate with City staff for up to five meetings at strategic milestones to keep the Planning board abreast of Plan progress, debrief on community engagement events, and prepare for upcoming events. Select key members of the consultant team will attend all meetings, with other members attending as appropriate. Meetings will be held in -person or virtually, depending on the preference of the Board. For each meeting, consultants will prepare a presentation (as per planning phase) and a meeting summary, identifying relevant information shared during the meeting and board's feedback for subsequent incorporation of comments into deliverables. Assumptions • The City of Edmonds Planning and Economic Development Staff will assist the Consultant in preparation of agendas for Planning Board. • The City of Edmonds will conduct follow ups as needed with individual Board members. Task 1.3 Meetings with City Council: The Consultant will brief the City Council on Comprehensive Plan progress at two milestones before the public hearing. First, City Council will be briefed at the end of Task 4 to review high level Plan and Policy alternatives and then second, during Task 8 to review draft comprehensive plan document. Packet Pg. 55 8.B.a VIA - A PERKINS EASTMAN STUDIO Task 1.4 Coordination with Transportation Plan Update: The consultant will coordinate with the City's transportation planning consultant team for identified Subtask 7C (Neighborhood Open Houses) and 7D (Planning Board and City Council Meetings) to present a complete vision to the community. Assumptions • The City of Edmonds will support the team in consultant coordination through regular reporting at Project management meetings. • The Transportation Consultant will provide materials for milestone meetings. Task 2 Community Engagement Task 2.1 Community Engagement Plan (CEP) Consultant will develop a community engagement plan consistent with the city's Equitable Engagement Framework to ensure broad participation from constituencies such as: businesses, artists, seniors, youth, social service providers, advocates, low-income residents. The CEP will work with identified City "Community Champions." Organizations to include in the engagement strategy may include: Edmonds Senior Center, Edmonds School District, Edmonds Chamber of Commerce, Communities of Color Coalition, Alliance of Citizens for Edmonds, Edmonds Youth Commission, Compass Housing Alliance, and Edmonds Diversity Commission, Sound Transit, Community Transit and Edmonds College. Deliverables: • Community Engagement Plan, including strategies for working with Community Champions, schedule of meetings, events, and desired collateral. Task 2.2 Neighborhood Community Meetings The Consultant will host up to two focused rounds of neighborhood meetings to address issues and opportunities pertaining to the five neighborhood commercial areas in Edmonds. Neighborhood meetings will be organized to effectively consolidate similar issues and questions, at minimum, meetings will be conducted to gather information building from the existing visioning material and test alternatives/design options. In some cases, and if warranted, smaller commercial centers may be held concurrently. Meetings will be scheduled to provide input before project "milestone" with City Council and Planning Board. Task 2.2.1 Highway 99/Lake Ballinger Sub Area Focused Engagement The team will conduct 3-meetings with Highway 99 community supporting the 6t" Neighborhood Commercial center at Lake Ballinger to coordinate the Sub Area Plan with the Comprehensive Plan, and address community concerns and opportunities 2 Packet Pg. 56 8.B.a VIA - A PERKINS EASTMAN STUDIO Materials will address identified gaps and explore how to best integrate strategies proposed in the Comprehensive Plan process (missing middle, neighborhood commercial, and equity measures) to the Highway 99 sub area. Assumptions • Assumes two rounds of community engagement to be completed within 15 months. • All direct expenses related to community outreach including translation, interpretation, printing, mailers, room rental, online licenses, CBO compensation etc. to be directed to and paid for by the City of Edmonds. • City of Edmonds will provide additional staffing support for neighborhood meetings • Additional and/or alternative touch points with community will be discussed with staff. In this instance, neighborhood meetings may leverage City events, and the City may provide support for logistics and facilitation. Deliverables: • Neighborhood Commercial events and topics (see table below) • Hwy 99 sub area focused sessions (3— meetings) • Consultant attendance, thematic findings; summarized comments Minimum Number and Topics for Community Meetings: Project July -Sept 2023 Oct -Nov 2023 Feb -March Aug -Sept 2024 Oct -Nov Timeline 2024 2024 Overall Phase Visioning and first Existing Plan Alternatives, Draft Public Hearing listening sessions Conditions and Neighborhood Comprehensive Draft goals and Commercial Urban Plan and policies objectives Design Scenarios Waterfront ✓ ✓ ✓ ✓ ✓ Downtown ✓* ✓ ✓ ✓ Perrinville ✓* ✓ Five Corners ✓* ✓ Westgate ✓* ✓ Firdale ✓* ✓ Lake Ballinger ✓* ✓ Highway 99 ✓ ✓ ✓ ✓ ✓ (Task 2.2) *Builds from previous visioning work (Task 2.2) Includes potential staffing by the City (Task 2.2) Associated with Comp Plan EIS (Task 2.4) Associated with Comp Plan EIS (Task 2.4) Personnel assumption: 2 Consultants for neighborhood commercial (1 PE, 1 S+A); up to 4 for Waterfront, Downtown, Highway 99 (PE + S+A) o Est. 2 hours per meeting 3 Packet Pg. 57 8.B.a VIA - A PERKINS EASTMAN STUDIO Task 2.3 Comprehensive Plan EIS Scoping and DEIS Public comments Meetings: The Consultant (led by S+A) will plan and lead outreach meeting(s), prepare materials including presentation, handouts, and forms. The team will plan, staff, document, and report on two (2) project - hosted public hearings for community members to learn about the project and provide formal comments. For planning purposes, one meeting will be in person and the other will be virtual. • Public Hearing (1) • Draft Policy Plan (2) ■ Comment Summaries from two (2) public hearings for Draft plan/DEIS and Final Plan/FEIS (.docx) Task 2.4 Online engagement and Public Material: A community engagement hub through infocommunity.org will be created and linked to City website. The community hub will include online community priority surveys and identify upcoming community events on topics including housing, economic development, urban form, capital facilities, utilities, and environmental quality/natural resources. This budget includes up to four updates to infocommunity.org The infocommunity.org updates will be led by S+A. Public Material will be created for 1) Neighborhood Meetings listed in Task 2.2 and 2.3 2) Planning Board Meetings (4), Economic Development Committee (1) 3) City Council Briefings (2) Assumptions • Team will make use of City "Everyone Edmonds" branded material • The city will lead promotions of community events and other opportunities for engagement. Deliverables: Communications boards including diagrams, illustrations, and graphic visualizations to support public feedback. o Materials will be produced in formats confirmed with City team (VIA), formats will be designed to be reused and circulated in related City media materials (e.g., Facebook, Instagram). o Visual Preference Survey will be made available (VIA) • Community engagement online portal, messaging on community engagement hub with up to four updates. (S+A) • Content for online open houses and/or survey • Support the City in creation of public -facing materials such as: Fact sheet, FAQ housing topic sheet, community priority questionnaire, city-wide mailer (1), neighborhood event invite or poster. (S+A supported by VIA) 4 Packet Pg. 58 8.B.a VIA - A PERKINS EASTMAN STUDIO Task 2.5 Engagement with Community Champions In partnership with the City, the Consultant will work with a "Community Champions" Steering Committee composed of a diverse set of stakeholders with a focus on historically underrepresented communities, to ensure that the plan's engagement strategy, as well as its goals and policies, are equitable and inclusive. For planning purposes, one in person meeting, and up to three virtual "check ins" to support co -created activities/events — in addition to, and/or to supplement planned public meetings. S+A will lead Community Champions events making use of materials developed in Task 2.4. Assumptions: • City will lead the formation of the "Community Champions" Steering Committee, and negotiate compensation model. Phase 2 Project Understanding and EIS Scoping During this Phase, the Consultant team will assess existing conditions including review of economics, urban form, land use, environmental and demographic attributes. This project phase will allow the team to confirm what issues need to be resolved and identify the key opportunities to be explored as options in the next project phase. The Consultant team will prioritize those items identified in the RFP including — a) waterfront vision and public realm strategy, b) housing intensification and coordination with recently adopted legislation, c) transit and land use coordination, d) integration of climate action planning in the Comprehensive Plan and c) harmonization with the Highway 99 Sub Area Plan and PAO. Task 3.1 Project Understanding and Existing Conditions Review Existing Conditions will substantially build from background documentation and materials listed following: Comprehensive Plan Gap Analysis Equitable Engagement Framework 2023 Climate Action Plan Edmonds Waterfront Issues Study 2018 Housing Needs Study Citizens Housing Commission Policy recommendations Reimagining Neighborhoods and Streets Shoreline Master Program Revisioning Westgate: A District Plan and Form Based Code Five Corners Alternatives Analysis and Fact Sheet Highway 99 Lake Ballinger Sub Area Plan and PAO 2022-2027 Parks, Recreation, and open Space Plan Comprehensive Water System Plan (2017) Comprehensive Sanitary Sewer Plan (2013) Storm & Surface Water Management Comprehensive Plan (2010) 5 Packet Pg. 59 8.B.a VIA - A PERKINS EASTMAN STUDIO Snohomish County Solid Waste Management Comprehensive Plan To develop a clear understanding of the City of Edmonds conditions, the team will conduct the following activities: ■ Site visit, and compile photo inventory ■ Data information request memo ■ Develop an ESRI GIS database ■ Conduct targeted one-on-one briefings (up to 5) with City -identified stakeholders to understand market conditions (economic issues) and planning topics such as waterfront issues study, community development, public facilities, transportation, and other. One on one meetings will highlight key city challenges and visioning goals. Meetings will be conducted virtually. ■ The Highway 99 area has a recently adopted Sub Area Plan. Up to (2) one -on -one meetings or small group session (remote) will focus specifically on review of identified challenges and confirm approach in coordination with City staff. Participation in on -on -one meetings may include in addition to the PE team, 1 consultant from Herrera, and Forum. A summary of the meeting will be circulated. Meetings will be conducted virtually. Building from Task 3.1 findings, the team will prepare a draft Existing Conditions memo for the Land Use Plan. The Memo will interpret findings on ■ Environmental and natural systems characteristics based on available information ■ Review and inventory of existing City zoning and legislation associated with housing intensification, and existing buildable lands report ■ Parks open spaces and cultural and historic resources ■ Public Services and utilities approach ■ Waterfront ■ Downtown redevelopment ■ Brief memo on Highway 99; environmental and planning approach to address (MS Word) Task 3.2 Economic Development — Existing Conditions Review Conducted concurrently to the Existing Conditions Review, the team will assess Economic Development and real estate factors contributing to development onditions in Edmonds. Consultant activities will include: ■ Barriers to middle housing collecting data on measures such as the increase in home and rent prices, vacancy rates, household incomes to identify displacement and gentrification risks ■ Assess real estate development patterns for employment uses (office healthcare, commercial, and industrial); remote working trends; employment characteristics and regional growth industries; projected high growth industries in the Puget Sound Region 0 Packet Pg. 60 8.B.a VIA - A PERKINS EASTMAN STUDIO Assumptions and Exclusions • City will provide: o Geographic Information Systems (GIS) geodatabase layers (aerials, streets, zoning, land - use, tax parcels, utilities, public services etc.) o Copies of available land use studies and plans • As applicable, City will consolidate comments and send to the consultant's team • Logistics and planning for one on one, and small group sessions • City will share transportation findings, and direction developed by Transpo Group Deliverables Compiled Draft existing conditions: summary memo (.docx) Draft Vision Document with updated goals for the Comprehensive Plan (.ppx format) • Draft outline of exiting conditions section for EIS Task 4: EIS Scoping Led by Herrera, the Consultant will conduct a SEPA scoping session for the Comprehensive Plan EIS. The budget assumes two conceptual alternatives and the no action alternative for scoping. Deliverables: • Draft Determination of Significance and Scoping Notice for City review (in MS Word) • Revised Determination of Significance and Scoping Notice for City review (in MS Word) • Determination of Significance and Scoping notice for distribution (in MS Word) • Attend public scoping meeting • Review scoping public comments, discuss with the City if there are any new topics that would lead to a change in the purpose and need of the project, alternatives considered, and potential impacts (summary sent via email) • Develop SEPA EIS scoping materials that specifically address Hwy 99 Plan; e.g. incorporation of Hwy 99 PAO into Comprehensive Plan document by reference. Phase 3 Scenario Planning and Plan Alternatives Task 5: Scenario Planning Task 5.1: Creative Analysis and Plan Alternatives: The team will develop options based on the findings in Phase 2. During scenario planning we will develop a GIS model to test land use, zoning, and massing as well as public realm, parks and recreation, policy and urban form options. The options may include plan and/or high-level massing changes and/or the testing of specific program elements. Options will include factors such as the context, land economics, community needs, transportation choices, walkability, environmental resilience, governance, regulations, and partnering opportunities This task will culminate in the selection of a preferred set of strategies and key elements to update in 7 Packet Pg. 61 8.B.a VIA - A PERKINS EASTMAN STUDIO the draft and final comprehensive plan. For purposes of this scope of work a "draft vision" constitutes a high level vignette and/or diagrammatic exploration of a proposed concept. Land Use capacity: conduct land use tests using as inputs; urban form, zoned capacity, use, and market conditions. High level land use model will be prepared to the level of detail required for transportation modeling. Circulation, Placemaking and Urban Design scenarios will be prepared to include explorations of items such as: o Areas of change, focusing on 6-neigborhood commercial centers o Placemaking concepts/opportunity sites o Public realm opportunities o High level mobility characteristics • Develop vision for waterfront with coordination with City of Edmonds Transportation Consultant to address various issues as identified in "Edmonds Waterfront Issues Study" including replacement of the Edmonds' Crossing proposal. • Develop strategy and policy options for integrating Climate Action goals with land use alternatives. Assumptions and Exclusions: Assume minimum of two Alternatives that provide distinguishing features. Each alternative (other than no action) should assume compliance with HB 1220 and 2023 state legislation. Deliverables: • Presentation with options for review by stakeholders and public, including diagrams, graphics, maps and illustrations Package Plan options and strategies for discussion with Planning Board, and City Council • Options and "visions" for neighborhood commercial centers in coordination with Task 5.2 • Draft table of contents and chapter outlines for Draft Comprehensive Plan document (in MS Word) Task 5.2 Draft Economic Development Vision and Strategies Memo • Prepare high level pro forma financial analysis of middle housing types with a focus on ADUs/cottages, attached duplexes to fourplexes, and potentially other types of middle housing of interest to the city. • Prepare high level pro forma financial analysis of neighborhood commercial areas (i.e., small commercial and/or mixed -use projects). Key outputs of the pro forma will include total cost of construction, required sales price or rental rate, area median income required to purchase or rent, commercial affordability, expected levels of demand, key barriers including zoning/regulatory, land availability, and others. • Draft economic development vision and strategies memo: A vision that is consistent with the community's values, based on Edmond's existing assets, industry clusters, and regional growth, and addresses opportunities for lower -income households. W Packet Pg. 62 8.B.a VIA Deliverables: • Presentation for Economic Development Vision and Action Strategy to EDC and Planning Board in a joint session Task 5.3 Highway 99 Approach Memo: Develop high-level strategies and approaches to define relationship to comprehensive plan design goals and principals. Deliverables: • Graphically -rich memo and PowerPoint outlining Hwy 99 approach and high-level design options Phase 4 Comprehensive Plan Draft and SEPA Draft EIS Task 6: Comprehensive Plan Draft — Preferred Option Task 6.1 Comprehensive Plan Draft • Based upon feedback and agreed upon priorities the Consultant will create draft comprehensive plan including a future land use map, zoning map for future action and adoption by the City of Edmonds and Draft policy approaches. Draft chapters will be included outlining policy action on Vision, Land Use, Housing, Economic Development, Urban design, Sustainability + Climate, Equity, Utilities and Capital Facilities. • Based on two community meetings and feedback from Community Champions Streeting Committee, Planning Board and City Council, consultant will submit a brief memo with vision for neighborhood commercial areas and two illustrations each. Task 6.2 Final Economic Development Vision and Strategies Memo Based upon feedback from EDC, Planning Board and City Council, consultant will submit Economic Development Vision and Strategies Memo. It will include pro forma financial analysis for middle housing types and neighborhood commercial areas, and economic development vision and strategies. Task 6.3 Highway 99 Planning Support Documentation Develop Hwy 99 Overlay Zone and/or Design Guidelines approach concurrently with preferred land use options. Assumptions and Exclusions: • Consultant will base their assumptions and analysis for adequacy of utilities and public services provisions for various growth scenarios on existing comprehensive plans for each utility and recommendations from the City. Deliverables: • Draft Comprehensive Plan Document with draft maps (in MS Word) • Economic Development Plan Memo (in MS Word) 0 Packet Pg. 63 8.B.a VA EASTMAN STUDIO • Memo of recommended and required changes in Community Development Code (in MS Word) • Presentation with vision for neighborhood commercial areas (.ppx format) • Draft Comprehensive Plan (including edits/ inputs from City Council, Planning board and Community Champions Steering committee) for distribution (in MS Word and PDF) • Highway 99 coordination Task 7: SEPA Draft EIS Led by Herrera the team will prepare the SEPA Draft EIS. Deliverables: • Draft outline of Draft EIS that includes the No Action Alternative and two Action Alternatives that analyze different growth alternatives. The EIS will analyze potential impacts on at least the following elements: public infrastructure and capital facilities (including water, sewer, and wastewater treatment), parks, transportation, water resources, and climate change (in MS Word). Additional elements may require a change of scope of work depending on complexity. • Revised outline of Draft EIS (in MS Word) • Preliminary Draft EIS for City review (in MS Word) • Draft EIS that incorporate responses to City comments (in MS Word) • Draft EIS for distribution (in MS Word and PDF) • Draft Coordinated and Updated Environmental Review for Hwy 99 Task 8: Public Hearing for SEPA Draft EIS and Draft Comprehensive Plan Deliverables: • Public Material as outlined in Task 2.5 Phase 5 Final Comprehensive Plan and SEPA Final EIS Task 9: Review and Edits Deliverables: Task 9.1 Preliminary Draft for Comp Plan Preliminary draft Final Comprehensive Plan document with maps that incorporates responses to City comments and public comments for City review (in MS Word) Task 9.2 Preliminary Draft for SEPA EIS Preliminary draft Final EIS that incorporates responses to City comments and public comments for City review (in MS Word) Task 9.3 Coordinated and Updated Environmental Review for Hwy 99 Task 10: Final Comprehensive Plan and SEPA Final EIS Deliverables: Task 10.1 Final Comprehensive Plan Document for distribution Task 10.2 SEPA FEIS for distribution Task 10.3 Final coordinated and Updated Environmental Review for Hwy 99 10 Packet Pg. 64 8.B.a VIA - A PERKINS EASTMAN STUDIO Phase 1: Project Management, Meetings and Community Engagement Task 1 Project Management and Meetings $50,000 1.1 Project Management $25,000 1.2 Meetings with Planning Board (5) $13,000 1.3 Meetings with City Council (2) $8,000 1.4 Coordination with Transportation Plan Update $4,000 Task 2 Community Engagement $92,000 2.1 Community Engagement Plan $5,000 2.2 Neighborhood Commercial Area - Community Meetings $31,000 2 2 1 Highway 99/1-ake Ballinger Sub Area Focused Engagement $15,000 2.3 Comprehensive Plan EIS Scoping and DEIS Public Comments Meetings $8,000 2.4 Online Engagement and Public Material $24,000 2.5 Engagement with Community Champions $9,000 Phase 2: Project Understanding and EIS Scoping Task 3 Project Understanding and Existing Conditions Review $50,000 3.2 Economic De Review $5,000 Task 4 EIS Scoping $55,000 Includes SEPA scoping addressing Highway 99 PAO Phase 3: Scenario Planning and Plan Alternatives Task 5 Scenario Planning $83,000 5.1 Creative Analysis and Plan Alternatives $52,000 5.2 Draft Economic Development Vision and Strategies " Demo $25,000 5.3 Highway 99 Approach Memo $6,000 Phase 4: Draft Comprehensive Plan and SEPA Draft EIS Task 6 Comprehensive Plan Draft — Preferred Option $88,000 6.1 Comprehensive Plan Draft $48,000 6.2 Final Economic Development Vision and Strategies Memo $10,000 6.3 Highway 99 Planning Support Documentation $301000 11 Q Packet Pg. 65 8.B.a VIA - A PERKINS EASTMAN STUDIO Task 7 SEPA Draft EIS $100,000 Task 8 Public Hearing for SEPA Draft EIS and Draft Comprehensive Plan $10,000 Phase 5: Final Comprehensive Plan and SEPA Final EIS Task 9 Review and Edits $70,000 9.1 Preliminary Draft for Comp Plan $20,000 9.2 Preliminary Draft for SEPA EIS $20,000 9.3 Draft Coordinated and Updated Environmental Review for Hwy 99 $30,000 Task 10 Final Comprehensive Plan and SEPA Final EIS $46,000 10.1 Final Comp Plan Document $6,000 10.2 SEPA FEIS $10,000 10.3 Coordinated and Updated Environmental Review for Hwy 99 $30,000 $649,000 *Hwy 99 PAO Supplementary Scope $111,000 *Economic Development Vision $40,000 Reimbursable Expenses not included in above • Travel for Katherine Howe: 3 trips o Hotel (approx. 260) o Airfare (approx. 350) o Per Diem (59.25) • Travel for Brian Vanneman: 2 trips o Hotel (approx. 260) o Airfare/Train/Auto (approx. 200) o Per Diem (59.25) • Printing expenses for community workshops: $100 per foam mounted poster (A0: 36" x 48" size) 12 Packet Pg. 66 10.A Planning Board Agenda Item Meeting Date: 07/12/2023 July 12 Extended Agenda Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Narrative The July 12 Extended Agenda is attached. Staff made several changes based on feedback and discussion at the board's June 28 meeting, including: Adding a special meeting on November 29 to make up for the cancelled meetings on November 22 and December 27; Adding another Tree Code work session on September 13 and pushing the public hearing date out to October 11; Adding a special joint meeting with City Council at 5:30 pm on September 19 (before the Council's regular meeting) to discuss the Capital Improvement Program (CIP) and Capital Facilities Plan, with the public hearing the following week (September 27); Adding a biannual presentation from Parks Director Feser, which would occur next on November 29 (to provide an assessment of the year to date) Adding a site -specific rezone proposal (PLN2023-0024) to rezone one parcel from RM-EW (Multifamily Residential, Edmonds Way) to BC-EW (Community Business, Edmonds Way), with an introduction on July 26 and the public hearing on August 9. Attachments: July 12 Extended Agenda Packet Pg. 67 10.A.a Planning Board Extended Agenda - July 12, 2023 v � v � � o � 0 o > z > z U a)Q 1 N 4 -1 06 N N -i 1.6 CV 0) rn lV r+ -1 rn r-I � N -i Ln CV 2F 00 N CV rn rn -I BN Zone Use Change (Citizen -initiated Code Amendment) PH Tree Code Update (Code Amendment) D/R D/R* D/R D/R PH Critical Aquifer Recharge (Code Amendment) I D/R PH Recommendation on Athletic Field Use & Reservation Policy D/R- 6 pm Special Meeting with Council - 2023 Housing Legislation I Comprehensive Plan Discussion I D/R D/R D/R D/R Multifamily Design Standards (Code Amendment) I D/R Highway 99 Community Renewal Program Update D/R D/R Parks, Recreation & Cultural Services Quarterly Report (^ Biannual presentations) R R^ Capital Improvement Program/Capital Facilties Plan D/R PH Planning Board update at City Council - Report rather than presentation? September 26 City Council PLN2023-0024 - Rezone Proposal from RM-EW to BC-EW I PH Accessory Dwelling Units (Code Amendment) I I I I D/R Wireless Code Update (Code Amendment) I I I I I PH * Joint Meeting with Tree Board September 19 Joint Special Meeting with Council (5:30 pm) November 29 special meeting in lieu of November 22 KEY I- Introduction & Discussion PH- Public Hearing D/R- Discussion/Recommendation B- Briefing R- Report with no briefing/presentation Future Items Neighborhood Center Plans Additional Code Modernization Projects ADA Transition Plan (Parks) Comp Plan Goal/Policy Review Housing Bills Policy Implementation Packet Pg. 68 10.A.a Packet Pg. 69