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2023-07-26 Planning Board PacketOp E D o Agenda Edmonds Planning Board s71. ,HvREGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 J U LY 26, 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. July 12 Planning Board Meeting Minutes 4. ANNOUNCEMENT OF AGENDA 5. AUDIENCE COMMENTS 6. ADMINISTRATIVE REPORTS A. Parks, Recreation & Human Services Department - 2023 Q2 Accomplishments 7. PUBLIC HEARINGS A. Public Hearing on updates to Critical Aquifer Recharge Area code (AMD2023-0004) 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. Introduction to Site -Specific Rezone Proposal at 9530 Edmonds Way (PLN2023-0024) 10. PLANNING BOARD EXTENDED AGENDA A. July 26 Extended Agenda Edmonds Planning Board Agenda July 26, 2023 Page 1 11. PLANNING BOARD MEMBER COMMENTS 12. PLANNING BOARD CHAIR COMMENTS 13. ADJOURNMENT Edmonds Planning Board Agenda July 26, 2023 Page 2 3.A Planning Board Agenda Item Meeting Date: 07/26/2023 July 12 Planning Board Meeting Minutes Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Background/History <Type or insert Info here> Staff Recommendation Review and approve the meeting minutes from the Planning Board's July 12 regular meeting. Narrative The July 12 meeting minutes are attached. Attachments: July 12, 2023 Draft Meeting Minutes Packet Pg. 3 3.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting July 12, 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 Golembiewski. Board Members Present Judi Gladstone, Chair Richard Kuehn (online) Lauren Golembiewski Jeremy Mitchell Susanna Martini Nick Maxwell Lily Distelhorst (student rep) Board Members Absent Beth Tragus-Campbell, Vice Chair (excused) READING/APPROVAL OF MINUTES A. JUNE 28, 2023 MEETING MINUTES Staff Present Mike Clugston, Senior Planner David Levitan, Planning Manager MOTION MADE BY BOARD MEMBER MITCHELL, SECONDED BY BOARD MEMBER MAXWELL, TO APPROVE THE MINUTES OF THE JUNE 28 MEETING WITH THE CORRECTION TO THE FIRST AND LAST SENTENCE IN THE 5TH PARAGRAPH ON PAGE 6 TO REPLACE "TREE BOARD MEMBER FAGERSTROM" WITH "PLANNING BOARD MEMBER MAXWELL". MOTION PASSED WITH BOARD MEMBER GOLEMBIEWSKI AND CHAIR GLADSTONE ABSTAINING. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. Planning Board Meeting Minutes July 12, 2023 Pagel of 7 Packet Pg. 4 3.A.a AUDIENCE COMMENTS None UNFINISHED BUSINESS A. Draft Code Language for Critical Aquifer Recharge Area Code Amendment (AMD2023-0004) Senior Planner Mike Clugston made the PowerPoint Presentation. He reviewed what was covered in the introduction of this topic back in May and discussed the draft Critical Aquifer Recharge Area CARA code as contained in attachment 4. CARAs are a required element of the Growth Management Act (GMA) and are established to protect public groundwater drinking supplies from potential contamination and to ensure adequate groundwater availability. The current code (from 2016) states that there are no CARAs in Edmonds. Last year, the City learned that there are actually two CARAs in Edmonds (Olympic View Water & Sewer District Wellhead protection areas — 228th Street Wellhead and Deer Creek Springs). The City has been working with Olympic View Water & Sewer District to make refinements to the initial draft code amendment. Several Olympic View concerns have been addressed in the draft code. These include codification of a local consultation process; use restrictions and prohibitions; and hazardous material handling. The stormwater code is also being looked at now for potential updates. The use of UICs will be part of this review. Chair Gladstone asked if there is any reason UIC wells regulations could not be incorporated into the draft CARA code. Planning Manager Levitan stated they could be referenced or mentioned. Chair Gladstone thought they should discuss how specifically it gets referenced in this code. She said when she looked at the list of things being prohibited or managed, UIC wells is the one area in which there is the biggest problem. Having to go look at another code feels disjointed. Planning Manager Levitan indicated they could incorporate a revised version that would be presented at the public hearing. Board Member Maxwell suggested still having a link to the other code, but saying clearly here what is being talked about. Mr. Levitan agreed. Because they are still making changes to the other code, they need to come up with something that will sufficiently cover anything that should or should not be prohibited in the interim. Chair Gladstone commented that the deep UIC wells have been the most problematic for water sources in general. This was an issue for Issaquah who had a serious problem with their UIC wells that were contaminated with PFAS (per fluorinated alkylated substances) as a result of firefighting foam getting into the stormwater and seeping into the aquifer. She pointed out that PFAS and firefighting foam are not on the list of things that are being controlled in any fashion. Mr. Clugston reviewed draft code sections: • Purpose and Intent — Establish CARAs and groundwater protection standards to protect aquifers from degradation and depletion. The intent is to minimize the loss of recharge quantity, maintain the protection of supply wells for public drinking water, and prevent contamination of groundwater. • Administration — Mapping; classification (Class 1 — 6 months, 1 year, and 5 years; Class 2 —10 years; Class 3 — Buffer); applicability; and local consultation process with Olympic View of certain City projects in CARAs. Planning Board Meeting Minutes July 12, 2023 Page 2 of 7 Packet Pg. 5 3.A.a Regulated Activities — Table of Restricted and Prohibited Uses: Existing uses can continue; many new uses listed as prohibited will never occur in Edmonds anyway due to existing zone and parcel sizes. Should they be included? Hazardous materials facilities will have to apply Best Management Practices (BMPs); provide a Hazardous Materials Inventory; and Hazardous Materials Management Plan. He reviewed existing zoning and uses in the CARAs and discussed the possibility of requiring pollution liability insurance (PLI) for certain uses in certain locations. Definitions for CARAs Board Questions and Feedback: Board Member Maxwell referred to regulations regarding wood preserving products and asked for clarification that this is referring to commercial activities. Mr. Clugston indicated they could clarify this. Board Member Maxwell wondered about the grey water because his understanding is that it is environmentally helpful. Mr. Clugston explained this was in both Issaquah's and Olympic View's codes. Board Member Maxwell asked staff to look into this. Since we don't get a much rain for 3-6 months of the year, it would be helpful to try to preserve water. Chair Gladstone explained that grey water can contain contaminants. Board Member Maxwell agreed but noted that as it goes through the ground it gets processed. Chair Gladstone asked for clarification if the irrigation and infiltration of gray water and the reclaimed or recycled water use language is intended to be commercial also. Board Member Maxwell clarified he was not talking about the kind of quantities that one would have for a commercial use. Board Member Maxwell referred to reclaimed or recycled water and also was curious if this refers to commercial use only. He hopes that collecting rain would be allowed in residential uses in the CARA. Chair Gladstone agreed that this could use more clarification. Board Member Mitchell referred to the matrix and asked if it could be tied to IBC occupancy classifications. Mr. Clugston stated they could look into that. Board Member Golembiewski referred to the Administrative section. There are two Group A Wellhead Protection areas but she doesn't see a definition of Group A. She also referred to the definition for class under Definitions and asked if that is different than the City's Class 1, 2, and 3. Chair Gladstone explained that Group A is a Department of Health reference for the type of water system it is. She didn't think she had seen it apply to wellhead protection areas before and wasn't sure it needed to be in there. Mr. Clugston indicated they could look into eliminating the Group A verbiage. Mr. Clugston replied that the Class 1, 2 and 3 refer to the classification of CARAs. Wetlands are defined by class as well. The defined term class is specifically talking about wetlands. Chair Gladstone asked about regulating firefighting foam because it is a big source of PFAS. She thought it would be good to see how Issaquah handled this in their code because their water sources were contaminated by it. She asked if Edmonds currently has a source control program. Mr. Clugston replied that there is source control through the Stormwater Program. Staff doesn't feel it would be too time intensive. Chair Gladstone asked if there is a downside to including the things that seem like they would never happen in Edmonds because zoning codes change. Mr. Levitan didn't think there was a downside. Planning Board Meeting Minutes July 12, 2023 Page 3 of 7 Packet Pg. 6 3.A.a Chair Gladstone commented that in the world of water supply they are extremely risk averse because they go on the premise of protection, protection, protection because once it is contaminated it is really hard and expensive to clean up. She noted that it sounds like staff has been having really good conversations with Olympic View. She expressed appreciation for this collaboration. Board Member Maxwell recommended keeping the verbiage from the old Introduction explaining what CARAs are. He thinks that should be used at the beginning of 23.60.10. Board Member Golembiewski spoke in support of speaking with the City Attorney about the PLI to see if this is something that could be added to regulated uses. Board Member Maxwell agreed. B. Comprehensive Plan Update and Highway 99 Proposed Approach Mr. Levitan gave an update on the Comprehensive Plan scope and contract. He reviewed the consultant RFP and selection process and reported that the interview panel unanimously selected VIA Architecture Team. The City negotiated the scope of work, budget, and schedule including Highway 99, waterfront issues, environment and natural resources, economic development plan, and scale of community outreach. VIA's proposal includes production of the Comprehensive Plan document, including EIS; additional focus on the Highway 99 subarea, including dedicated community outreach, potential plan/code refinements, and SEPA review; development of an Economic Development Plan; an illustrative waterfront vision; a heavy focus on inclusive engagement and graphic -rich materials; and numerous touchpoints with boards/commissions and the public. Mr. Levitan stressed that all the work from the visioning statement done last summer and fall will be carried forward in this process as an important resource. Staff is committed to having the community vision tie back into the Comprehensive Plan update. He discussed the decision to do a complete EIS in order to get a comprehensive look at all of the inputs that go into an EIS such as land use, transportation, natural resources, and environmental protection. This will enable the City to better address the growth targets and the number of units they are going to need to provide. He discussed how the consolidated approach will allow them to identify specific issues of concern within the subarea and analyze that within one single EIS document; however, staff is still exploring options and working this out. Chair Gladstone asked if the consultant is talking about doing another alternative to analyze as part of the whole Comprehensive Plan. Mr. Levitan explained that as part of the whole Comprehensive Plan they have proposed the no -action alternative and then at least two additional alternatives citywide, but that would include specific assumptions within different parts of the city. Board Member Maxwell asked if the body of work that would be the Highway 99 SEIS would be covered in the comprehensive citywide EIS. Mr. Levitan confirmed it would. Board Member Maxwell thought some of the concerns of the public were because they thought the Highway 99 SEIS was not going to happen. Instead, it appears to him that it is being expanded. Mr. Levitan concurred. Board Member Maxwell also commented that another concern people had about this was thinking that money budgeted for the Highway 99 SEIS was being taken away. In reality that money is part of what is covering the citywide plan. Mr. Levitan agreed and added that it is basically the same level and amount of work they would do if they were scoping a Highway 99 specific SEIS. Board Member Maxwell encouraged staff to make it clear to the public that they are not taking away the SEIS but just incorporating it into the citywide EIS. Mr. Levitan Planning Board Meeting Minutes July 12, 2023 Page 4 of 7 Packet Pg. 7 3.A.a agreed and noted there were other areas of confusion that need clarification. He stressed that they are not looking to eliminate any of the analysis that people want done in this area, but they want to do it in the most comprehensive and most streamlined way. Chair Gladstone explained that having a lack of alternatives was one driver for the SEIS, but there were several other issues including the inadequacy of looking at the mitigation and of the impacts that are adjacent to that particular area as well as changes to conditions in that area. How this scope is defined in terms of whether or not those kinds of issues will actually be looked at for that area is very important. Right now, it is hard to tell what is going to happen. It appears that it is going to get lost in the big city. For example, if they are talking about adding on an alternative which was neglected on the original EIS that is great because then they would also be looking at the potential impacts of what that alternative is and the appropriate mitigation. Board Member Golembiewski referred to Chair Gladstone's comments and added that the fact that the Planned Action Area had a delineation may be an argument to have it consolidated. While it may or may not have addressed the mitigation efforts in that it didn't necessarily address the mitigation for the buffer around it or how the transportation ties in, it was a symptom of having a hyper -focused EIS. She thinks the consolidated approach will address this. Chair Gladstone said this could potentially happen but it depends on how broad or narrow the scope is. Part of the concern about consolidating is that the mitigation gets diffused because it's part of a much bigger area. Mr. Levitan acknowledged the concerns, discussed issues they are facing, and noted these issues are not exclusive to the Highway 99 area. The challenges need to be taken care of at the citywide level but they can still have the additional scope that really does zero in on Highway 99. These are things that still need to get worked out with the consultant. He summarized that they need to do a much better job of ensuring that the funding that was provided in the budget was based on the feedback provided by community members and that there are assurances that everything they requested to be done is still going to be done. He assured them that is what the intent of the overall EIS is. Board Member Maxwell referred to the five meetings the consultant is intending to have with the Planning Board and noted that the consultant should be aware that they will have to do revisions in light of what happens at the meetings. Chair Gladstone referred to the slide listing the negotiated scope of work, budget, and schedule and wondered why housing wasn't listed. Mr. Levitan explained that housing, land use, and transportation were a given. This was a list of special items highlighted for the presentation. Chair Gladstone expressed concern that the some of the community engagement seems heavily reliant on virtual. She recommended doing at least hybrid because of the differences in human interactions in person. Mr. Levitan agreed they could focus more on that if desired. The City can also add in more in -person opportunities to the master scope of work outside of the consultant's work. Chair Gladstone agreed but noted that staffing is very lean, and they may be spread too thin. She referred to her experience on the Housing Commission and noted that part of the frustration of the citizens was that most of the process was online. People just don't engage in the same fashion online as they do in person; and bridging the challenges of differences is not going to happen online. Mr. Levitan expressed appreciation for the feedback. Planning Board Meeting Minutes July 12, 2023 Page 5 of 7 Packet Pg. 8 3.A.a Chair Gladstone also expressed concern that every survey that has been done recently has been self-selected. She feels it's hard to give a lot of credence to self-selected surveys. Unless there are random surveys, they are not going to get the robust kind of feedback from the community as a whole that they are looking for. Mr. Levitan agreed and noted there was a request at the Council committee meeting for a statistically valid survey. Board Member Golembiewski asked if any engagement efforts are aimed at public forums not initiated necessarily by the City such as My Edmonds News. Chair Gladstone urged some caution about this approach. She suggested going out and talking to various community groups. Mr. Levitan agreed and explained that is the concept of the Community Champions during committee to utilize those liaisons and resources within the community. Chair Gladstone asked if they had considered paying the liaisons like they do in Seattle. Mr. Levitan replied they are looking into the logistics of that. Board Member Golembiewski noted that the task for project understanding came after community engagement. She thought it made more sense for project understanding to come first so that community engagement can be as effective as possible. Mr. Levitan agreed and noted there would be some interaction between these two. He indicated he could work on a Gantt chart showing this. Board Member Mitchell expressed support for the consolidated approach. He feels this makes the most sense and will force the City to look at capacity elsewhere and focus on other subarea neighborhood centers to level out density. Chair Gladstone pointed out that if they go forward with the consolidated approach, it wouldn't necessarily shut the door on a supplemental EIS if it doesn't get at what the concerns are for the Highway 99 area. Board Member Mitchell concurred and said that was all laid out in the Washington State Department of Ecology SEPA handbook scenarios. He encouraged everyone to read that. PLANNING BOARD EXTENDED AGENDA Mr. Levitan reviewed the extended agenda. There was discussion about holding a meeting on August 23 (previously scheduled as a summer break meeting) and switching the break to August 9 because Deb Powers will be gone on the 9th. It appeared that there would be a quorum on the 23ra PLANNING BOARD MEMBER COMMENTS Board Member Mitchell said he was excited to get this going. Board Member Golembiewski said she was happy to see the consultant team on board and generally supports their approach but the way it is communicated or laid out in their proposal could be demonstrated a little better. Board Member Maxwell clarified that he and Board Member Mitchell both frequently comment on My Edmonds News and they both value comments, especially from people they haven't heard from before. Also, he reiterated Chair Gladstone's concern about what is covered in the Comprehensive Plan. They are required to have 11 elements, but they have 12. He is a little anxious that it will all get covered by the end of next year. Mr. Levitan replied they would have a work plan to get all of that done. Board Member Martini thanked everyone for the meeting. Planning Board Meeting Minutes July 12, 2023 Page 6 of 7 Packet Pg. 9 3.A.a PLANNING BOARD CHAIR COMMENTS Chair Gladstone said it was a good discussion. She appreciated how well staff listens to what they have to say and responds to their comments. She suggested that when Council is talking about doing a public hearing on the vision statement, maybe they can do it in a town hall format instead of a public hearing so staff can get what they need out of it. She thought that a public hearing on a vision statement seems incongruent. She also commented that she didn't mean to be disparaging about people that comment on My Edmonds News; she comments there also. It is just important to be careful about who they listen to because it can be an echo chamber. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. Planning Board Meeting Minutes July 12, 2023 Page 7 of 7 Packet Pg. 10 6.A Planning Board Agenda Item Meeting Date: 07/26/2023 Parks, Recreation & Human Services Department - 2023 Q2 Accomplishments Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Prepared By: Angie Feser Background/History Attached is the 2023 second quarter (Q2) accomplishments of the Parks, Recreation & Human Services (PRHS) Department for the months of April through June. Staff Recommendation This agenda item is for informational purposes, there is no need for a formal recommendation or action. Attachments: PRHS 2023 Q2 Accomplishments Packet Pg. 11 6.A.a Parks, Recreation & Human Services Department 2023 Quarter 2 Accomplishments April 1 - June 30, 2023 Administration 1. Reached substantial completion on the City's largest ever park capital project. Civic Center Playfield, decades in the making, opened in grand fashion on June 23rd welcoming community members of all generations and abilities. Two separate ribbon cuttings included multiple dignitaries, partnership with community partners such as Sno-King Youth Sports, Edmonds Pentaque Club, Skate like a Girl and more combined with food trucks, music, pollinator demonstrations, and involvement from nearly every city department to include Police, South County Fire, Planning, Emergency Management, Human Services, Recreation and more. 2. Secured a satellite location for Park Maintenance in order to accommodate the new staff, vehicles and equipment. 3. Finalized special event agreements for the 4th of July, Taste Edmonds, Oktoberfest and the Classic Car Show. Provided event support for the Market, SpringFest and the Edmonds Arts Festival. 4. Compiled existing departmental fees into a formal fee schedule and submitted to finance for publication. 5. Completed audit and refresh of Parks, Recreation and Human Service webpages. 6. Updated Athletic Field Use and Reservation Policy, fee structure and application process, presenting to both the Planning Board and City Council. Policy adopted in June and in effect July 1, 2023. 7. Added concessions agreements with Sugar and Spoon (cookie dough food truck); Kool Kidz (Ice Cream Truck); Rowlee Shaved Ice (at City Park) for the summer in addition to existing concession agreements for Yost Pool, outdoor education (Quiet Heart), outdoor preschool (Magnolia Forest Preschool). 8. Still waiting for response from City of Lynnwood regarding our proposal for Meadowdale Playfield Interlocal Agreement and have begun work with city legal department to move into mediation. 9. Reviewed draft ILA between City of Mountlake Terrace and City of Edmonds for $200,000 for Ballinger Park improvements providing improved access for Edmonds residents on the park's western edge. Parks Planning & Projects 1. Assumed lead role in closing out the Civic Center Playfield Capital Project (with Henry Schroeder's retirement) including the final pay request, change orders, reconciliation, and closeout with the State departments of Labor and Industries, Dept of Revenue, and the Employment Security. Staff will also closeout grant funding and reimbursements. 2. Mathay Ballinger Park —developing plans, specifications, and an estimate, as well as starting the permitting process. The goal is to provide a permanent restroom, connect to Interurban Trail, provide ADA access path to the playground, add a park shelter and seven parking spaces. 3. Yost Park Playground— four preliminary concepts for playground renovation to inclusive level are developed. The topography to access the playground is challenging for accessibility and inclusivity, driving the project cost to exceed the initial budgeted amount. 4. Johnson Property — personal item removal from the house and outbuildings is complete requiring 12 each of 20-yard containers. The next step is the demolition of the house and outbuildings. Permits are complete, but still requires bidding out the work and managing the project. Packet Pg. 12 6.A.a 5. Brackett's Landing North Outdoor Shower and Bottle Filler — A new outdoor shower and drinking fountain/bottle filler were ordered and delivered. The installation bid to install these items produced no bids. Park Maintenance 1. Hazel Miller Spray Pad start up completed with opening on Memorial Weekend. 2. Extra maintenance support for city -sponsored event including the Watershed Fun Fair, Urban Craft Fair, Health and Wellness Fair, Saturday Summer Markets, a 5k Walk Edmonds Cemetery Memorial Day event, Veterans Memorial Day event, the 3-day Arts Festival, a Pride Event, and the 41" of JUly. 3. Parks shop reorganization, clean up including the surplus of some park equipment. 4. Flower basket installation and corner park flower plantings completed. Sponsored tags installed. 5. Civic Center Playfield Grand Opening preparations and preparation to open to the park and begin routine maintenance. 6. City-wide playground inspections as well as Civic Park playground audit. 7. Promotion of Rob Freeborn into Parks Lead position. 8. Recruitment, hiring, on -boarding and training of six LTE employees. 9. Interviewed and hired the Parks Mechanic position to back fill promotion. 10. Purchased 72-inch lawn mower, top dresser, flail mower, small equipment, and three park maintenance vehicles. Recreation & Athletics Revenue, Customer Acquisition & Retention: a. Recreation, Athletic, Concessions and Facility Rental revenue up 14%. Increase supported by additional Summer Camp and fitness offerings, additional grass volleyball and pickleball teams and an increase in concessions revenue. Facility rental revenue is relatively flat despite the library's usage of the Plaza room for a discounted price, due in large part to a significant increase in shelter rentals (434 this quarter). b. Social Media Engagement: i. Facebook: 1791 followers, increase of 307 (21%) followers from Q1 2023. ii. Instagram: 1191 followers, increase of 194 (20%) followers from Q1 2023. c. Monthly emails distributed first week of every month. open rate has decreased slightly by 5% to 52% continue to be above industry standards for open rate and click rate. d. Designed and published the Summer 2023 CRAZE recreation guide, went live on April 3 e. Distributed a postcard mailer advertising the CRAZE Recreation Guide to 20k Edmonds households. 2. Recreation, Athletics & Events: a. Conducted the 11th annual Health and Fitness Expo at Edmonds Woodway High School on May 13, 2023; 500+ participants and the event secured $3,000 in sponsorship revenue from community partners (Verdant, Coordinated Care and Dr. Lee / Dr. Van Mieghem DDS). b. All gymnastics classes are full with waitlists, no classes have been cancelled and multiple staff members have been hired. c. Athletic leagues: 10 Coed Volleyball teams, 21 Pickleball Teams and 52 Softball teams. d. 3,759 drop -in users for the gym and weightroom 3. Day Camps: a. Held first Edmonds Spring Break camp. Enrollment was full (15 participants in grades 2-6) Packet Pg. 13 6.A.a Awarded a $7,000 grant from the Hazel Miller Foundation to provide scholarships for the Edmonds Summer Day Camp. Hired and trained 5 Day Camp Assistant staff members. d. The Edmonds Day Camp Program began the first of its 10 weeks of programming on June 27. As of 7/3/23, 299 out of 320 total spots are filled for the summer. 4. Environmental Education & Stewardship: a. Held the annual Watershed Fun Fair on May 13; 125 attendees and the annual Earth Day Event on April 22; 120 participants at four sites planted trees and shrubs, removed invasive plants, and removed litter. b. Provided two-part marine education program to 92 individual classrooms; 2,300 students reached. Led 10 elementary school classes in field trips at Yost Park and 250 students reached and presented at two full -day science days at local elementary schools. c. Started up the Volunteer Beach Docent program; trained four new volunteers. Re -opened the Olympic Beach Visitor Station after three-year closure; 250-300 visitors per day on weekends and started daily summer beach patrols with at least one Ranger on patrol for 4-5 hours each day. d. Planned summer pop-up interpretive programs for several parks including City Park, Olympic Beach Park, and Mathay-Ballinger Park. e. Edmonds Stewards (via contracted partner organization Sound Salmon Solutions) hosted ongoing volunteer work parties at three forested parks for a total of 410 and 70 youth volunteer service hours. Human Services Social Work/Service Coordination: a. Compass Health Community Transitions Care Coordinator's current caseload is 80 individuals (38 carried froward from previous quarter(s) and 42 new referrals in Q2. # Clients # engaged & Needs identified Closed loop referrals Individuals served with open receiving from those (service provided and needing mental files services receiving services confirmed participation) health or substance use treatment 80 65 (81%) 119 77 20 (31%) Human Services Program Manager coordinated resources for 59 people primarily needing help with housing costs (Household Support Grant coordination) and food (Edmonds Food Bank and/or pre -paid card distribution). Coordinated with the Department of Commerce to ensure temporary shelter for individuals in previous motel voucher program that ended in June 2023. Temporary motel stay paid for by Department of Commerce until permanent housing placement complete. 2. Need based programming: a. Coordinating with Snohomish County to establish cleaner air and cooling centers in Edmonds. b. Held a resource fair at the Edmonds Unitarian Universalist Congregation for the guests staying in their Safe Lot program. c. Helped coordinate the first Toy Shop/Edmonds Food Bank Books, Bikes, and Berries event for low-income families in Edmonds. d. Collaborate with the City Hall Neighborhood Office to provide outreach to individuals along the HWY 99 corridor to include new 211 South County Resource Coordinator being stationed in the Packet Pg. 14 6.A.a office once per month, providing social service support at Edmonds Community Court and distribution of essential needs care kits for unhoused people. 3. Administrative/Advancement: a. Submitted grant application to Verdant requesting funding support for Human Services Division b. Staff member Mindy woods participated with the Washington State delegation at the National AntiHunger Conference and at a meeting with HUD officials in Washington, DC. In addition, she was appointed by Governor Inslee to the State Advisory Council on Homelessness; she also completed the 3-day Community Emergency Response Team (CERT) training through South County Fire as well as the First Aid/CPR/AED training. Commissions/Boards 1. Staff supporting Cemetery Board and Park & Planning Board. 2. Youth Commission presented their end of year review and senior recognition to City Council and volunteered at the Civic Center Playfield Grand Opening. 3. Recruitment of new Youth Commission members underway for the Summer. 4 Packet Pg. 15 7.A Planning Board Agenda Item Meeting Date: 07/26/2023 Public Hearing on updates to Critical Aquifer Recharge Area code (AMD2023-0004) Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Background/History Critical aquifer recharge areas (CARAs) are established to protect public groundwater drinking supplies from potential contamination and to ensure adequate groundwater availability. The proposed code amendment would revise Chapter 23.60 ECDC to regulate CARAs in the City of Edmonds, based on the identification of CARAs in proximity to aquifers utilized by the Olympic View Water and Sewer District (OVWSD). The code amendment was introduced to the Planning Board on May 24, 2023 (see media weblink and agenda packet). A work session was held on July 12 to discuss the draft code (see the media weblink, agenda packet, slides in Attachment 2, and meeting minutes in Attachment 3). Planning Board members asked questions and proposed several amendments on July 12, and directed staff to bring the amendment back for a public hearing on July 26. More background information is available in the May 24 and July 12 meeting packets. Amendments to Chapter 23.60 ECDC are a Type V legislative decision, with the Planning Board holding a public hearing before making a recommendation to the City Council, who will then hold a separate public hearing to consider adoption of the code amendment by city ordinance. As required by ECDC 20.80.020(B), a notice of public hearing (Attachment 4) was published and posted on July 12, 2023, with public comments accepted through July 26. As of July 21, no public comments have been received. Staff Recommendation Take public testimony on the draft CARA code language in Chapter 23.60 ECDC and forward a recommendation to the Council to adopt the proposed code language, with any requested modifications. As several code sections currently require additional refinement, the Planning Board's recommendation can include language that directs staff to complete any or all of the below tasks in advance of the City Council public hearing: 1. Continue to work with Olympic View Water and Sewer District on finalizing language related to stormwater management. Staff has invited OVWSD staff to attend the July 26 public hearing and provide their input on potential code language, which can be considered by the Planning Board; 2. Incorporate Snohomish County Department of Health guidance into any use restrictions for greywater; 3. Gather additional detail from South County Fire on the use of firefighting foam and the ability to limit its use within CARAs; and 4. Work with the city attorney on potential pollution liability insurance requirements. Alternatively, the Planning Board can continue the public hearing to August 23 to allow for staff to revise the draft language in Attachment 1 before it makes its formal recommendation to City Council. Packet Pg. 16 7.A Narrative Based on the discussions at the July 12 work session, several changes were made to the draft code language shown in Attachment 1. These changes are highlighted in blue and summarized below, with the original draft's proposed changes shown in redline/strikeout and earlier revisions proposed by city and OVWSD staff highlighted in yellow. 1. The first subsection in ECDC 23.60.010 is renamed "Scope" and includes a portion of the context language from existing ECDC 23.60.010. 2. The second subsection in ECDC 23.60.020 is renamed "Administration". 3. The term "Group A" is removed from the Mapping subsection in ECDC 23.60.020.A. 4. In the use table in ECDC 23.60.030.1, "All automotive uses" is changed to "Automotive Uses". 5. In the use table, "wood preserving" is clarified to mean only "commercial wood preserving". 6. In the use table, "Rainwater collection and use" is added and allowed in all CARAs. 7. Enforcement in ECDC 23.60.030.C.6 is clarified to be under the Planning and Development Director. There are several elements that remain unresolved that require further research and will need further refinement by City Council during their review of the code amendment. The Planning Board is asked to provide input on potential changes to the draft code language for these topic areas and direction on next steps, which could include 1) a recommendation that directs staff to continue to work with partner agencies to finalize code language on these topics or 2) a continuance of the public hearing to August 23 to allow for additional changes to the proposed code language. 1. In regards to the use table for stormwater management, city and OVWSD staff continue to work on refinements regarding stormwater management in CARAs, most notably related to underground injection wells. Any changes to this section will also need to be reflected in upcoming amendments to Chapter 18.30 ECDC (Stormwater Management), which are typically not reviewed by the Planning Board. As mentioned above, OVWSD staff have been invited to provide testimony on the proposed code language. 2. In the use table for "greywater" (domestic water flows reused for on -site landscape irrigation during the dry season), the current draft prohibits grewwater in all CARAs. However, the Snohomish County Department of Health is expected to provide additional information about whether there may be some options for certain tiers of greywater in certain CARAs. For example, Tier 1 is light greywater for used in single family residences only. While that may not be appropriate within a Class 1 CARA, it might be for a Class 2 or 3 CARA. Similarly, Tier 2 or 3 greywater may be appropriate for a green roof or rooftop garden on a building along Highway 99. The additional guidance will lead to a more informed decision on the use of greywater in the CARAs. 3. Firefighting foam. Staff has asked South County Fire for additional information about the type of foam used by the District and the opportunity to limit/prohibit its use within CARAs. 4. Pollution liability insurance. The City Attorney has been asked to investigate a possible requirement for pollution liability insurance based on some similar code in the City of Bellingham. Attachments: Attachment 1 - Proposed Amendments to ECDC 23.60 Attachment 2 - July 12 PB Work Session Slides Attachment 3 - July 12 Planning Board Draft Meeting Minutes Attachment 4 - Notice of Public Hearing May 24, 2023 Agenda packet Packet Pg. 17 7.A May 24, 2023 Media July 12, 2023 Agenda packet July 12, 2023 Media Packet Pg. 18 Draft Edmonds CARA Update 2023 7.A.a Chapter 23.60 CRITICAL AQUIFER RECHARGE AREAS .. "Mzlfmf�E! 12-:11 M: - MO _e 0:00 Sections: 23.60.010 PuFpose and -I eat Scope. 23.60.020 Mapping, Glass*forz toen, npp"G.b4i andd'„ a' CGn&u4atieo Administration. 23.60.030 Rc�fn_rM_;;,Tce Regulated Activities. 23.60.010 PuFp„se and -I Intent Scope. Critical aauifer recharge areas (CARAs) are those areas with a critical rechar2inE 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 around water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. 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 eroundwater. draft Edmonds CARA ECDC 23.60 0 7.26.23 Packet Pg. 19 Draft Edmonds CARA Update 2023 7.A.a 23.60.020 Mapping, Classafeeateen, Applagabolety, and L,, al r„-r„It-;-atiG,Administration. A. Mapping. Olympic View Water and Sewer District (Olympic View) has two 6feu-19-,4 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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 Packet Pg. 20 7.A.a 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. 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 secondary containment area(s) ana 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. A,M-aAutomotive uses ehicle towing yards that store vehicles on ermeable surfaces are also prohibited. Service xposed QVa soils in CI outside of the area of draft Edmonds CARA ECDC 23.60 0 7.26.23 nd 2 CARA as vv :ARA. In Class 3 ed QVa. vehicle 3 Packet Pg. 21 7.A.a Draft Edmonds CARA Update 2023 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 Perch loroethylene 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 demonstrate that the facility complies with federal paints and lacquers, and agricultural chemicals 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 Commercial wood preserving and wood Prohibited in all CARA. products preserving Mobile fleet fueling operations (Prohibited in all CARA. draft Edmonds CARA ECDC 23.60 0 7.26.23 4 Packet Pg. 22 Draft Edmonds CARA Update 2023 7.A.a "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. R f r to the City's adept d SuFfae-- I.Nptpr Refer to the City's adopted Surface Water Management Codes for regulations related to underground infection wells. The City is working with Ma„ageme+�TfA_F regulatieRS r i-,+ d +„ „nd , 9r,,,,nd ;n; ,,+; n ,.,,ii�; Use of Underground Infection Control for Olympic View on additional language for its stormwater regulations for the mutual benefit of stormwater management. Olympic View and the City. This section of the table will be revised when discussions have concluded. 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.[Seeking confirmation from Snohomish County Department of Health on whether some types of greywater may be allowed some CARAs.] Reclaimed or recycled water use with the Prohibited in all CARA. exception of uses that discharge to the sanitary sewer Rainwater collection and use Allowed in all CARA. 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. draft Edmonds CARA ECDC 23.60 0 7.26.23 Packet Pg. 23 7.A.a Draft Edmonds CARA Update 2023 Activities may only be permitted in a critical aquifer recharge area if the applicant 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 City may impose development conditions in accordance with BMPs to prevent degradation of groundwater. 1. Best Management Practices for Handling and Storing Hazardous Materials. 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. comely with the followine 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 sienificant Lyroundwater hazard within the Ci 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 year of the effective date of the ordinance codified in this chapter; b. With any new land use or building permit application; draft Edmonds CARA ECDC 23.60 v3 7.26.23 6 Packet Pg. 24 7.A.a Draft Edmonds CARA Update 2023 c. With a new business license; and d. At periodic intervals as needed to keep uD with chanRin2 business practices. 3. Hazardous Materials Management Plan (HMMP). Hazardous materials quantities correspond to the aggregate total of all hazardous materials, not individual chemicals. Facilities that use aggregate quantities of hazardous materials equal to or greater than 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 exemat 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 Drotection 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 Dlan must. at a minimum. include how the facilitv imDlements 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 storage and secondary containment area b. Inspections of HMMP; and c. Sampling of soils, surface water and groundwater. draft Edmonds CARA ECDC 23.60 v3 7.26.23 7 Packet Pg. 25 7.A.a Draft Edmonds CARA Update 2023 S. Third -Party Review. The City may employ a hydrogeologic 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 Derson has violated anv Drovisions of this chanter. the Planning and Development Director may take code enforcement action based on the nature of the violation including, but not limited to, abatement, injunction, mitigation fines and penalties as set forth in Section 18.30.100 ECDC, Stormwater Management. draft Edmonds CARA ECDC 23.60 v3 7.26.23 8 Packet Pg. 26 Draft Edmonds CARA Update 2023 7.A.a 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 yield usable quantities of groundwater to springs 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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 Packet Pg. 27 7.A.a Draft Edmonds CARA Update 2023 "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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 10 Packet Pg. 28 7.A.a Draft Edmonds CARA Update 2023 "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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 11 Packet Pg. 29 7.A.a Draft Edmonds CARA Update 2023 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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 12 Packet Pg. 30 7.A.a Draft Edmonds CARA Update 2023 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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 13 Packet Pg. 31 7.A.a Draft Edmonds CARA Update 2023 "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 draft Edmonds CARA ECDC 23.60 v3 7.26.23 14 Packet Pg. 32 7.A.a Draft Edmonds CARA Update 2023 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. draft Edmonds CARA ECDC 23.60 v3 7.26.23 15 Packet Pg. 33 7.A.b C>/ o-v 41 c EDP d �o 9 C-I J Pr I) C ) e 0 Eiss i o n c _SAW W_ Packet Pg. 34 7.A.b E 'AftT" Packet Pg. 35 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) -ti y V f 1* tIj • ' .�f VO. SIP firm r � • � � � �� `� � .T- . ■ �' ,: f `• f Vliellfield WHPA XL +`fit' �� f r _ `i �" •ra■Lr '. •• I - V a J . +-- eer Gree* I p.-` y ■ ►• f Hall Gre wr ` � �° � ... �� �° �� • � N Springs ....... qL _#il + - fn lip 0 'oil : - # + t*. F. •` - Jake d CN 21 y R i.y t w�t�■ rt:�, r `� I1 _ - �, N� � = Legend f. 1 + 6 Month Travel Time Zone N ;� �` ��� }y�• - _ -�� ■*.; �.--�=il+L-i J Zane 1 (1 Year Travel Time Zone) E rl E 41 + Zone 5 Year Travel Time Zone ��.. :� 4' • - ` = Zone 3 (10 Year Travel Time Zone)`� I�•r ' w - L Buffer Zone Q �` ' �� w t • , 'Water Sources E illllm�ti 0 �+-�' �' }t ` 4" + . S ■ "'f " - Additional Protection Areas for Exposed Qva A env yr t Olympic mew Water an Sewer District Serviceea Note: Basemap from PM: MTW Snohomish County Packet Pg. 38 j 8 USGS Edmonds August 2018 T 27 NIR 3.4 E LAlac+ MMA rrsc+ --__ --. �r�rtr�ir�r�.-tt t�rr�t•r�r.♦i�r� �rrwr7[+ Best Available Science (BAS) provided by Olympic View (2018) Literature Ecology CARA guidance (2021) Review Commerce CARA guidance (2023) Codes from Shoreline, MLT, Woodway, Snohomish County, and Issaquah Olympic View and Edmonds (Planning and Stormwater) working collaboratively produced current draft in Attachment 4 Several Olympic View concerns have been Olympic addressed in draft code View C�c Q City Codification of a local consultation process Staff Work Use restrictions and prohibitions Hazardous material handling Stormwater relationship to CARAs still under review, such as use of UICs. Stormwater regs in Title 18 not under PB scope per ECDC 20.80.010. Draft Code Sections Purpose and Intent (ECDC 23.60.010) Administration (ECDC 23.60.020) Regulated Activities (ECDC 23.60.030) Definitions for CARA (ECDC 23.40.005) 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. Mapping - based on OV BAS and modeling Classification (using DOH travel times) Class 1 — 6 mo, 1 yr, and 5 year Class 2 — 10 year Administration Class 3 -Buffer Applicability - regs apply to all mapped CARAs Local consultation - OV review of certain City projects in CARAs (new SFR/MF/commercial building permits, subdivisions) -ti y V f 1* tIj • ' .�f VO. SIP firm r � • � � � �� `� � .T- . ■ �' ,: f `• f Vliellfield WHPA XL +`fit' �� f r _ `i �" •ra■Lr '. •• I - V a J . +-- eer Gree* I p.-` y ■ ►• f Hall Gre wr ` � �° � ... �� �° �� • � N Springs ....... qL _#il + - fn lip 0 'oil : - # + t*. F. •` - Jake d CN 21 y R i.y t w�t�■ rt:�, r `� I1 _ - �, N� � = Legend f. 1 + 6 Month Travel Time Zone N ;� �` ��� }y�• - _ -�� ■*.; �.--�=il+L-i J Zane 1 (1 Year Travel Time Zone) E rl E 41 + Zone 5 Year Travel Time Zone ��.. :� 4' • - ` = Zone 3 (10 Year Travel Time Zone)`� I�•r ' w - L Buffer Zone Q �` ' �� w t • , 'Water Sources E illllm�ti 0 �+-�' �' }t ` 4" + . S ■ "'f " - Additional Protection Areas for Exposed Qva A env yr t Olympic mew Water an Sewer District Serviceea Note: Basemap from PM: MTW Snohomish County Packet Pg. 44 $ USGS Edmonds August 2018 T 27 NIR 3.4 E LAlac+ MMA rrsc+ --__ --. �r�rtr�ir�r�.-tt t�rr�t•r�r.♦i�r� �rrwr7[+ Table of Restricted and Prohibited Uses Existing uses can continue Many new uses listed as prohibited will never occur in Edmonds due to existing zone and Regulated parcel sizes -should they be included? Activities Hazardous Materials Facilities BMPs Hazardous Materials Inventory Hazardous Materials Management Plan 7.A.b t:x(j rTI P Restricti� and Prohibitil Use Activity CARA Restriction All mineral resource uses Mining, processing and reclamation of any type below the water table or the upper surface of the saturated groundwater is prohibited in Class 1 and 2 CARA and 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. Cemeteries Cemeteries are prohibited in the Class 1 and 2 CARA and in exposed QVa soils in Class 3 CARA. Best management practices (BMPs) and integrated pest management (IPM) are required for the use in Class 3 CARA outside of the areas of exposed QVa. Hazardous liquid transmission pipelines As defined in Chapter 81.88 RCW, pipelines 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 Class 3 CARA outside of the area of exposed QVa. Packet Pg. 46 -lass 1 (6 mo -5yr) — — — — I-- --IS - Klahaya -Shorewood Elementary - Old Woodway H.S. 3 M, 'T SW i w- RS-8 Deer Creek - Class 2 (10yr) - 330 SF parcels - Restlawn Cemetery - Woodway gas station, brake shop - Bartell's & 5 other WMU parcels J Deer Creek - Class 3 (Buffer) - 490 SF parcels - 10 MF sites - Madrona K-8 w/UICs - 4 GC parcels (two restaurants, condo, car dealer) RM-1.5 7.A.b Edmonds Zoning and 0 Uses in Deer Creek Spring1c.0s Wellhead Protection Ar a :i 0 0 S TH T .. 4 m N_ 21 N E 7x a c E a Packet Pg. 47 Edmonds Zoning and Uses in 228th Street Wellfield Wellhead Protection Area 0 (6 mo -5yr) in Esperance CG �f - 228t" St. - Class 2 (1 Oyr) CG - Mostly Esperance - 30 SF parcels - 5 MF sites - 6 auto -related sites - 1 landscaping - 1 mini storage - 1 tool rental - 10 other CG parcels y 7.A.b i 0 y 0 M -2 N 0 0 228t" St. - Class 3 (Buffer) - 80 SF parcels - 10 MF sites - 2 hotel/motel - 2 auto -related - 1 mini storage - 3 other CG parcels A� Packet Pg. 48 m a N N E Insurance against leaks, spills Pollution Home heating oil and commercial USTs Liability City of Bellingham (BMC 13.15.200) Could include requirement for PLI for Insurance new restricted uses in CARAs Would need City Attorney guidance Board questions and feedback Stormwater code integration running in Next Steps parallel to CARA code update; continuing to work with OV staff Public Hearing for CARA on July 26 7.A.c None A. Draft Code Language for Critical Aquifer Recharge Area Code Amendment (AMD2023-0004) Senior Planner Mike Clugston made the PowerPoint Presentation. He reviewed what was covered in the introduction of this topic back in May and discussed the draft Critical Aquifer Recharge Area CARA code as contained in attachment 4. CARAs are a required element of the Growth Management Act (GMA) and are established to protect public groundwater drinking supplies from potential contamination and to ensure adequate groundwater availability. The current code (from 2016) states that there are no CARAs in Edmonds. Last year, the City learned that there are actually two CARAs in Edmonds (Olympic View Water & Sewer District Wellhead protection areas — 228th Street Wellhead and Deer Creek Springs). The City has been working with Olympic View Water & Sewer District to make refinements to the initial draft code amendment. Several Olympic View concerns have been addressed in the draft code. These include codification of a local consultation process; use restrictions and prohibitions; and hazardous material handling. The stormwater code is also being looked at now for potential updates. The use of UICs will be part of this review. Chair Gladstone asked if there is any reason UIC wells regulations could not be incorporated into the draft CARA code. Director Leviton stated they could be referenced or mentioned. Chair Gladstone thought they should discuss how specifically it gets referenced in this code. She said when she looked at the list of things being prohibited or managed, UIC wells is the one area in which there is the biggest problem. Having to go look at another code feels disjointed. Planning Manager Levitan indicated they could incorporate a revised version that would be presented at the public hearing. Board Member Maxwell suggested still having a link to the other code, but saying clearly here what is being talked about. Mr. Levitan agreed. Because they are still making changes to the other code, they need to come up with something that will sufficiently cover anything that should or should not be prohibited in the interim. Chair Gladstone commented that the deep UIC wells have been the most problematic for water sources in general. This was an issue for Issaquah who had a serious problem with their UIC wells that were contaminated with PFAS (per fluorinated alkylated substances) as a result of firefighting foam getting into the stormwater and seeping into the aquifer. She pointed out that PFAS and firefighting foam are not on the list of things that are being controlled in any fashion. Mr. Clugston reviewed draft code sections: • Purpose and Intent — Establish CARAs and groundwater protection standards to protect aquifers from degradation and depletion. The intent is to minimize the loss of recharge quantity, maintain the protection of supply wells for public drinking water, and prevent contamination of groundwater. • Administration — Mapping; classification (Class 1— 6 months, 1 year, and 5 years; Class 2 — 10 years; Class 3 — Buffer); applicability; and local consultation process with Olympic View of certain City projects in CARAs. • Regulated Activities — Table of Restricted and Prohibited Uses: Existing uses can continue; many new uses listed as prohibited will never occur in Edmonds anyway due to existing zone and parcel sizes. Should they be included? Hazardous materials facilities will have to apply Best Management Practices Planning Board Meeting Minutes July 12, 2023 Page 2 of 7 Packet Pg. 51 7.A.c (BMPs); provide a Hazardous Materials Inventory; and Hazardous Materials Management Plan. He reviewed existing zoning and uses in the CARAs and discussed the possibility of requiring pollution liability insurance (PLI) for certain uses in certain locations. • Definitions for CARAs Board Questions and Feedback: Board Member Maxwell referred to regulations regarding wood preserving products and asked for clarification that this is referring to commercial activities. Mr. Clugston indicated they could clarify this. Board Member Maxwell wondered about the grey water because his understanding is that it is environmentally helpful. Mr. Clugston explained this was in both Issaquah's and Olympic View's codes. Board Member Maxwell asked staff to look into this. Since we don't get a much rain for 3-6 months of the year, it would be helpful to try to preserve water. Chair Gladstone explained that grey water can contain contaminants. Board Member Maxwell agreed but noted that as it goes through the ground it gets processed. Chair Gladstone asked for clarification if the irrigation and infiltration of gray water and the reclaimed or recycled water use language is intended to be commercial also. Board Member Maxwell clarified he was not talking about the kind of quantities that one would have for a commercial use. Board Member Maxwell referred to reclaimed or recycled water and also was curious if this refers to commercial use only. He hopes that collecting rain would be allowed in residential uses in the CARA. Chair Gladstone agreed that this could use more clarification. Board Member Mitchell referred to the matrix and asked if it could be tied to IBC occupancy classifications. Mr. Clugston stated they could look into that. Board Member Golembiewski referred to the Administrative section. There are two Group A Wellhead Protection areas but she doesn't see a definition of Group A. She also referred to the definition for class under Definitions and asked if that is different than the City's Class 1, 2, and 3. Chair Gladstone explained that Group A is a Department of Health reference for the type of water system it is. She didn't think she had seen it apply to wellhead protection areas before and wasn't sure it needed to be in there. Mr. Clugston indicated they could look into eliminating the Group A verbiage. Mr. Clugston replied that the Class 1, 2 and 3 refer to the classification of CARAs. Wetlands are defined by class as well. The defined term class is specifically talking about wetlands. Chair Gladstone asked about regulating firefighting foam because it is a big source of PFAS. She thought it would be good to see how Issaquah handled this in their code because their water sources were contaminated by it. She asked if Edmonds currently has a source control program. Mr. Clugston replied that there is source control through the Stormwater Program. Staff doesn't feel it would be too time intensive. Chair Gladstone asked if there is a downside to including the things that seem like they would never happen in Edmonds because zoning codes change. Mr. Levitan didn't think there was a downside. Chair Gladstone commented that in the world of water supply they are extremely risk averse because they go on the premise of protection, protection, protection because once it is contaminated it is really hard and expensive to clean up. She noted that it sounds like staff has been having really good conversations with Olympic View. She expressed appreciation for this collaboration. Planning Board Meeting Minutes July 12, 2023 Page 3 of 7 Packet Pg. 52 7.A.c Board Member Maxwell recommended keeping the verbiage from the old Introduction explaining what CARAs are. He thinks that should be used at the beginning of 23.60.10. Board Member Golembiewski spoke in support of speaking with the City Attorney about the PLI to see if this is something that could be added to regulated uses. Board Member Maxwell agreed. B. Comprehensive Plan Update and Highway 99 Proposed Approach Mr. Levitan gave an update on the Comprehensive Plan scope and contract. He reviewed the consultant RFP and selection process and reported that the interview panel unanimously selected VIA Architecture Team. The City negotiated the scope of work, budget, and schedule including Highway 99, waterfront issues, environment and natural resources, economic development plan, and scale of community outreach. VIA's proposal includes production of the Comprehensive Plan document, including EIS; additional focus on the Highway 99 subarea, including dedicated community outreach, potential plan/code refinements, and SEPA review; development of an Economic Development Plan; an illustrative waterfront vision; a heavy focus on inclusive engagement and graphic -rich materials; and numerous touchpoints with boards/commissions and the public. Mr. Levitan stressed that all the work from the visioning statement done last summer and fall will be carried forward in this process as an important resource. Staff is committed to having the community vision tie back into the Comprehensive Plan update. He discussed the decision to do a complete EIS in order to get a comprehensive look at all of the inputs that go into an EIS such as land use, transportation, natural resources, and environmental protection. This will enable the City to better address the growth targets and the number of units they are going to need to provide. He discussed how the consolidated approach will allow them to identify specific issues of concern within the subarea and analyze that within one single EIS document; however, staff is still exploring options and working this out. Chair Gladstone asked if the consultant is talking about doing another alternative to analyze as part of the whole Comprehensive Plan. Mr. Levitan explained that as part of the whole Comprehensive Plan they have proposed the no -action alternative and then at least two additional alternatives citywide, but that would include specific assumptions within different parts of the city. Board Member Maxwell asked if the body of work that would be the Highway 99 SEIS would be covered in the comprehensive citywide EIS. Mr. Levitan confirmed it would. Board Member Maxwell thought some of the concerns of the public were because they thought the Highway 99 SEIS was not going to happen. Instead, it appears to him that it is being expanded. Mr. Levitan concurred. Board Member Maxwell also commented that another concern people had about this was thinking that money budgeted for the Highway 99 SEIS was being taken away. In reality that money is part of what is covering the citywide plan. Mr. Levitan agreed and added that it is basically the same level and amount of work they would do if they were scoping a Highway 99 specific SEIS. Board Member Maxwell encouraged staff to make it clear to the public that they are not taking away the SEIS but just incorporating it into the citywide EIS. Mr. Levitan agreed and noted there were other areas of confusion that need clarification. He stressed that they are not looking to eliminate any of the analysis that people want done in this area, but they want to do it in the most comprehensive and most streamlined way. Planning Board Meeting Minutes July 12, 2023 Page 4 of 7 Packet Pg. 53 7.A.d �� OF EbMo� CITY OF EDMONDS NOTICE OF PUBLIC HEARING /17 i ggo PROJECT DESCRIPTION: The Planning Board will hold a public hearing on proposed amendments to Chapters 23.60 and 23.40 of the Edmonds Community Development Code (ECDC) regarding critical aquifer recharge areas. NAME OF APPLICANT: City of Edmonds FILE NO.: AMD2023-0004 COMMENTS ON PROPOSAL DUE: July 26, 2023 Any person may comment on this application until the public hearing is closed. Relevant materials can be reviewed by visiting the City's website at www.edmondswa.gov (under the applicable Meeting Agenda or Public Notices), or by contacting the City contact noted below. Comments may be mailed, emailed, or made at the public hearing. Please refer to the application file number for all inquiries. PUBLIC HEARING: A hybrid public hearing will be held by the Planning Board on July 26, 2023, at 7 p.m. The physical location is at Edmonds City Hall, 1215th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/i/87322872194?pwd=WFdxTWJIQmxlTG9LZkc3KOhuS014QT09 Or via phone by dialing 253-205-0468 Meeting ID: 873 2287 2194 Password: 007978 CITY CONTACT: Mike Clugston, AICP, Senior Planner michael.clugston@edmondswa.gov 425-771-0220 PUBLISH: July 12, 2023 Packet Pg. 54 7.A.d File No.: AMD2023-0004 Applicant: City of Edmonds DECLARATION OF POSTING On the 12th day of July, 2023, the attached Notice of Public Hearing was posted as prescribed by Ordinance. However, it was not posted at the Edmonds Public Library because it is currently closed for renovation. I, Mike Clugston, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of July, 2023, at Edmonds, Washington. Signed: Packet Pg. 55 7.A.d Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH980371 AMD2023-0004 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 07/12/2023 and ending on 07/12/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount o the fee for su 11 publication is $53.32. Subscribed and sworn fore me on this day of Notary Public in and for the State of Washington. City of Ednionds Developnient Services 1 86031703 MICIIELLL MARI'W 7St'N Pildi Ps ;) y Pu D:ic :'aMy -yry�i�• WL,r-a��,eeM �u�urrmh Packet Pg. 56 7.A.d Classified Proof CITY OF EDMONDS NOTICE OF PUBLIC HEARING PROJECT DESCRIPTION: The Planning Board will hold a public hearing on proposed amendments to Chapters 23.60 and 23.40 of the Edmonds Community Development Code (ECDC) regarding critical aquifer recharge areas NAME OF APPLICANT: City of Edmonds FILE NO.: AM02023-0004 COMMENTS ON PROPOSAL DUE: July 26, 2023 Any person may comment on this application until the public hearing Is closed. Relevant materials can be reviewed by visiting the City's websile at www.edmondswa.gov (under the applicable Meeting Agenda or Public Notices), or by contacting the City contact noted below. Comments may be mailed, emailed, or made at the public hearing. Please refer to the application file number for all Inquiries. PUBLIC HEARING: A hybrid public hearing will be held by the Planning Board on July 26, 2023, at 7 p.m. The physical location is at Edmonds City Hall, 121 51h Avenue N. 3rd Floor, Brackett Room. Or join the Zoom meeting at: https:#edmondswa- gov.zooin.usll187322872194?pwd=W FdxT W JIOmxlTG9LZkc 3K OhuS0140709 Or via phone by dialing 253-205-0468 Meeting ID: 873 2287 2194 Password:007978 CITY CONTACT: Mike Clugston, AICP, Senior Planner nilcliael.ciusion@edinondswa.gov 425-771-02 -0 Published: July 12, 2023. EDH980371 Proofed by Phillips, Linda, 07/12/2023 01:06:49 pm Page: 2 Packet Pg. 57 9.A Planning Board Agenda Item Meeting Date: 07/26/2023 Introduction to Site -Specific Rezone Proposal at 9530 Edmonds Way (PLN2023-0024) Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Background/History This is the Planning Board's introduction to this application. The property was previously rezoned from Multiple Residential (RM-1.5) to Multiple Residential Edmonds Way (RM-EW) under application PLN2022-0009, which was approved by the City Council in 2022 following a public hearing and recommendation from the Planning Board on May 25, 2022. Staff Recommendation No action is required. Staff will provide a presentation outlining the proposal and its consistency with the rezone approval criteria, which are summarized in Attachment 1. Planning Board members are requested to ask questions and provide comments in advance of the public hearing for the proposal, which is tentatively scheduled for August 23, 2023. Narrative The applicant (Matt Driscoll of d/Arch LLC) is requesting to change the zoning at 9530 Edmonds Way from RM-EW to Community Business Edmonds Way (BC-EW). As noted above, the site was previously rezoned from RM-1.5 to RM-EW in 2022. The property owners are now interested in a mixed -use development that would not be permitted under the current zoning. An analysis of the project is included in the draft staff report in Attachment 1. In response to the Notice of Application for the proposal, the city received one public comment (Attachment 3) from Rachel Ross in opposition to the proposal. Ms. Ross expressed concerns about the volume and frequency of traffic in this section of Edmonds Way. Staff has reviewed the applicant's narrative (Attachment 5) as well the current zoning designation (Attachment 2), Comprehensive Plan land use designation (Attachment 4), and characteristics of the surrounding areas, and preliminarily determined that the proposal is consistent with the review criteria in ECDC 20.40.010. The Planning Board is requested to provide comments and ask questions about the proposal in advance of the public hearing, which is tentatively scheduled for August 23, 2023. Attachments: Attachment 1 - Staff Analysis Attachment 2 - Vicinity Map with Current Zoning Attachment 3 - Public Comments Attachment 4 - Comprehensive Plan Map Packet Pg. 58 9.A Attachment 5 - Applicant's Narrative Packet Pg. 59 9.A.a 'fly 1S9V CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION ADVISORY REPORT FINDINGS, ANALYSIS AND RECOMMENDATION To: Edmonds Planning Board From: Amber M. Brokenshire / Planner Date: July 20, 2023 File: PLN2023-0024 (SITE -SPECIFIC REZONE) I. INTRODUCTION A. Application Matt Driscoll of d/Arch LLC. (applicant/contact) and Shawn Leiser (owner) have applied for a rezone on the property located at 9530 Edmonds Way (Attachment 2). The requested rezone would change the zoning of the property from Multiple Residential Edmonds Way (RM-EW) to Community Business Edmonds Way (BC-EW). The property was previously rezoned from RM-1.5 to RM-EW under application PLN2022- 0009, which the City Council approved in 2022 following a Planning Board recommendation. B. Location The subject site is located at 9530 Edmonds Way, Tax Parcel Number 27033600117600. C. Review Process 21 A site -specific rezone is a Type IV application. Staff makes a recommendation to the a Planning Board who conducts a public hearing and forwards a recommendation to the City Council. The Council holds a closed -record review of the project and makes the in final decision. The application was determined complete on May 30, 2023. A Notice of Application was issued on June 13, 2023. II. FINDINGS OF FACT AND ANALYSIS A. Site Context The subject parcel lies on the south side of Edmonds Way between 951h PI W and 971h Ave W with a frontage of approximately 120 feet (Attachment 2). The property is currently zoned RM-EW (Multiple Residential - Edmonds Way), with a density of one Packet Pg. 60 9.A.a dwelling unit for every 1,500 square feet of lot area. The RM-EW zone has a height limit of 35 feet with specific conditions. Per ECDC 16.50.005, the BC-EW zone is intended to allow uses which "offer good and services t othe entire community" and ensure "compact, convenient development patterns", including mixed -use development. The zone contains a floor area ratio (FAR) of three (3) square feet per square foot of lot area and would allow for the maximum height of any building fronting on Edmonds Way to be increased to 40 feet with specific conditions. The Edmonds Way designation to the BC zone and specific regulations that apply to the BC-EW properties were established pursuant to Ordinance No. 3627. The designation aims to recognize and accommodate the unique nature and physical constraints of the Edmonds Way entryway to the City of Edmonds and accommodate additional and more flexible development requirements for the Edmonds Way Corridor. B. Neighboring Development and Zoning A single-family (RS-8) neighborhood consisting of detached single family residences is located south of the site, which sits approximately 22 feet higher than the subject parcels, the elevation of which increases as you move east. A PUD substation is located directly west of the site and is zoned RM-1.5. The adjacent properties to the east are developed with a combination of a duplexes and single-family residences which are zoned RM-1.5, which would allow these properties to be developed with multi -family housing standards in the future. The north side of Edmonds Way contains a mix of zoning designations such as WMU, BC-EW, one RS-8 parcel and RM- 1.5. The WMU zone contains a variety of commercial developments including a gas station, bank, drive -through Starbucks, grocery stores, drug stores and other development. B. State Environmental Policy Act (SEPA) SEPA review for this site specific rezone is exempt pursuant WAC 197-11-800(6)(c) o because the site is located within an urban growth area, the rezone does not require a comprehensive plan change, and the applicable comprehensive plan was previously subjected to environmental review and analysis. M c C. Technical Review Committee a M This application was reviewed by the City of Edmonds' Engineering Division staff, who v) have determined it is consistent with Title 18 Edmonds Community Development Code r & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed with future building permit application for development on the site. A r transportation analysis is not required at this time and may be deferred to the future developmentibuilding permit phase of the project. a PLN2023-0024— Rezone Staff Report Page 2 of 7 Packet Pg. 61 9.A.a D. Public Comments To date, one public comment has been submitted on the proposed rezone from Rachel Ross (Attachment 3). Ms. Ross has concerns this rezone will increase the volume and frequency of traffic entering and exiting Highway 104. Staff Response: Traffic impact studies are specific to a development application and will be reviewed by the City's Transportation Engineer. Traffic impacts are mitigated through the collection of traffic impact fees in accordance with ECC 3.36.125. At this time, there are no development applications for this property. E. Edmonds Community Development Code Compliance According to ECDC Chapter 20.40 (Rezones), the Planning Board shall review the proposed rezone and consider the following factors at a minimum: A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan; The Comprehensive Plan map designation for the subject property is "Edmonds Way Corridor" (Attachment 4). The Comprehensive Plan has specific goals listed for the Edmonds Way Corridor as listed below. Commercial Development Goal E. The Edmonds Way Corridor consists of portions of Edmonds Way between the 100th Avenue West intersection and 0. Highway 99. This corridor serves as a key transportation corridor, and also co provides a key link between Edmonds and Interstate 5. Established residential CO areas lie on both sides of the corridor. An established pattern of multiple family residential development lies along much of the corridor, while small- o scale businesses can be found primarily near intersections. A major concern is that the more intensive development that occurs along the corridor should c not interfere with the flow of through traffic or intrude into adjoining established communities. E.1 Permit uses in planned multiple family or small-scale business >, developments that are designed to minimize contributing significantly to a traffic congestion. E.2 Provide for transit and pedestrian access to development. M Cn E.3 Use design review to encourage the shared or joint use of driveways and access points by development onto SR-104 in order to support the movement of traffic in a safe and efficient manner. Site access should not be provided from residential streets unless there is no feasible alternative PLN2023-0024— Rezone Staff Report Page 3 of 7 Packet Pg. 62 9.A.a E.4 Use design review to ensure that development provides a transition to adjacent residential neighborhoods. For uses in transitional areas adjacent to single family neighborhoods, use design techniques such as the modulation offacades, pitched roofs, stepped -down building heights, multiple buildings, and landscaping to provide designs compatible with single family development. Make use of natural topography to buffer incompatible development whenever possible The Land Use Element of the Comprehensive Plan lists compatible zoning classifications for the different Comprehensive Plan Map designations. The compatible zoning classifications for the Edmonds Way Corridor are BP, BN, BC, or similar commercial zone and RM zones. The applicant has referenced additional comprehensive plan goals and policies such as sustainability, residential development, and design objectives which are summarized here and included in the applicant's narrative (Attachment 5). The applicant has noted that a height increase provides an incentive to support and promote sustainability and provide people with a mix of housing types and styles. Additionally, the increased height should not be an impact to the adjacent RS-zoned lots, which are substantially higher than the subject parcels. The design objectives for site design also encourage the use of a shared access easement. B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; According to ECDC 16.00.010, the zoning ordinance has the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for c existing uses and planning for the future as specified in the comprehensive plan; and =- B. To protect the character and the social and economic stability of W, residential, commercial, industrial and other uses within the city, and c to ensure the orderly and beneficial development of those uses by: a 1. Preserving and retaining appropriate areas for each type of use; Un 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. PLN2023-0024— Rezone Staff Report Page 4 of 7 Packet Pg. 63 9.A.a Finally, the Community Business (BC) zone district has its own purposes as identified in ECDC 16.50.005: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds' comprehensive plan for the Edmonds Way Corridor; E. To meet the goals of the Growth Management Act and the city of Edmonds' comprehensive plan for housing diversity and economic vitality. The subject property is located in the Edmonds Way Corridor comprehensive plan designation. An explicit purpose of the BC-EW zone is "to implement the policies of the Edmonds' comprehensive plan for the Edmonds Way Corridor." The properties are encouraged to utilize a shared or joint use driveway and access points in order to reduce access onto SR-104 and make use of the natural topography of the properties to neighboring single family development. Per the project narrative a shared access would be utilized/provided between this parcel and the three adjacent parcels to the east (9516, 9520, and 9524 Edmonds Way) The BC zone specifically notes that its purpose is to reserve areas to allow for mixed -use development which "includes multiple dwelling unit(s) that support business uses." The project narrative states a rezone on this site will allow for a mixed -use community within walking distance of existing commercial and service uses. A v rezone from RM-EW to BC-EW would allow for additional density while y requiring the use of sustainability measures and/or inclusion of affordable housing 21 in order to qualify for the maximum building height of 40 feet. Rezoning the site M a to BC-EW appears to be consistent with the purposes of the zoning ordinance. A. Surrounding Area. The relationship of the proposed zoning change to the ? existing land uses and zoning of surrounding or nearby property; y Multi -family zoning exists on the east and west sides of the subject properties. The property to the west is developed with a PUD substation which is zoned RM- 1.5. The adjacent properties to the east are developed with a combination of a duplex and single-family housing which are zoned RM-1.5 and RM-EW, and PLN2023-0024— Rezone Staff Report Page 5 of 7 Packet Pg. 64 9.A.a these properties could potentially be developed with multi -family housing standards at some point. A single-family neighborhood with an RS-8 zoning classification sits south at a higher elevation than the subject parcels. The north side of Edmonds Way contains a mix of zoning designations such as WMU, BC- EW, one RS-8 parcel and RM- 1.5. The WMU zone contains a variety of commercial developments including a gas station, bank, drive -through Starbucks, grocery stores, drug stores and other development. Per ECDC 16.30.030.4, the BC-EW zone allows for increased density, reduced setbacks, and an increased maximum height of any building fronting Edmonds way from 35 feet to 40 feet, provided that the development includes sustainability, low impact development and/or inclusion of affordable housing. D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; The surrounding area to the west saw changes to its zoning designation with the establishment of the Westgate Mixed Use zone in 2015. The property at 9601 Edmonds Way was rezoned from WMU to BC-EW in 2017. The purposes of the zone districts are to implement the policies of the Edmonds comprehensive plan, and the BC zone specifically notes that its purpose is to meet the goals of the Growth Management Act and the city of Edmonds' comprehensive plan for housing diversity and economic vitality. A rezone from RM-EW to BC-EW would require the use of sustainable, low -impact development and/or inclusion of affordable housing in its design for an increased height, which could help promote housing diversity as well as provide ground - floor commercial uses to a minimum depth of 30-feet as measured from the street front of the building. Rezoning the site to RM-EW would be consistent with the City's policies and intent for the Edmonds Way Corridor. E. Suitability. Whether the property is economically and physically suitable for the o uses allowed under the existing zoning, and under the proposed zoning. One .. E factor could be the length of time the property has remained undeveloped w compared to the surrounding area, and parcels elsewhere with the same zoning; >, There has been interest in this site over the past several years as the property is M a currently undeveloped. The proposed BC-EW zoning reduces lot coverage and allows for smaller setbacks while allowing for the developer to opt for an in increased building height with the incorporation of sustainability elements and/or inclusion of affordable housing in its design. c Given the proximity to Edmonds Way and the elevation change of the RS zoned properties from Edmonds Way the requested rezone appears to be a suitable zone for the subject property. PLN2023-0024— Rezone Staff Report Page 6 of 7 Packet Pg. 65 9.A.a F. Value. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. The public health, safety and welfare will not be adversely impacted by rezoning from RM-EW to BC-EW. With development of the site any potential critical area regulations must address the critical area code as necessary. The applicant's narrative includes the following: "The developer in opting for the 40' height increase gains flexibility in design at the expense of the optional requirements. The public gains in sustainability and/or affordable housing, which are goals of the Edmonds Comprehensive Plan." Development of the site will require compliance with all development regulations which should provide protection to the public health, safety, and welfare. III. CONCLUSIONS A. The proposed rezone is consistent with the requirements of ECDC 20.40.010 as identified in the staff report and specifically implements policies of the Edmonds' comprehensive plan for the Edmonds Way Corridor in which the properties are located. B. Design standards within the BC-EW zone and other City of Edmonds development regulations will ensure that public health, safety and welfare is protected. IV. RECOMMENDATION Based on the findings of facts, analysis, conclusions, and attachments to this report, staff proposes that the Planning Board find the proposed rezone is consistent with the requirements of ECDC 20.40.010 and make a recommendation to the City Council to APPROVE the rezone from RM-EW to BC-EW. PLN2023-0024— Rezone Staff Report Page 7 of 7 A y 21 M C a M Packet Pg. 66 9.A.b ZI . '" r• rtili. ly "22r H ST SW � to -�-�- BOE W 'i.� �� ■ ■ 953€] �uIIIuIlua vvay IL -1.5 ■ �........:! C :- r TNOrth , r�!(I�� 0 150 300ft D. Vicinity Map 9S30 Edmonds Way Rezone 04.28.2023 Packet Pg. 67 9.A.c Brokenshire, Amber From: Rachel Ross <raross1010@gmail.com> Sent: Tuesday, June 27, 2023 9:49 PM To: Brokenshire, Amber Cc: Brad Ross; Alek; cadams05O2@gmail.com Subject: PLN2023-0024 Comment Period Hi Amber - We are writing to oppose the request to rezone the lot at property location 9530 Edmonds Way from RM-EW to BC-EW. We are concerned this change in zoning will increase the volume and frequency of traffic entering and exiting Hwy 104 at a spot in the road where there is increase risk for collision. The following reasons support this conclusion: 1. There have already been multiple accidents along the curve at 95th PI W each year, which this lot is very near to. 2. Cars continue to speed along the highway at this location making it unsafe to enter and exit the highway when not at an intersection. 3. This would cause potential risk for collision for cars heading east and wanting to turn left at 95th PI W, as the turn lane would compete with drivers heading west and looking to turn left into the lot at 9530. The cars paths would cross within the same turn lane. 4. The lot across the street at 9601 is zoned for commercial use and their proposed site plans has the entrance/exit in conflict with this lot (9530), whereby drivers would be crossing the highway within the same turn lane section (also competing with 95th PI W). 5. Having commercial use at both locations (9601 & 9530) would cause a linchpin at a dangerous section of the highway, similar to the challenges of multiple intersections of cross traffic just west of this location - where PCC and the gas station sits. 6. No other commercial property resides east of 97th Ave W along the south side of the road where it is all residential properties. 7. Safety is our biggest concern as we walk along this section of the highway and an increase in cross traffic could pose a risk for pedestrians. As parties of record, we kindly request you consider our concerns when evaluating whether to approve this application to rezone to BC-EW. Thanks, Packet Pg. 68 9.A.c Brad & Rachel Ross 22804 96th PI W Edmonds, 98020 Colin & Alek Adams 22806 96th PI W Edmonds, 98020 Packet Pg. 69 4 a G 91 9.A.e 28 April 2023 City of Edmonds Permitting and Planning Division 121-5t" Ave N Edmonds, WA 98020 Re: Rezone Application for 9530 Edmonds Way to BC-EW This application to rezone 9530 Edmonds Way from RM-EW to BC-EW We are submitting the following in support of this rezone: A. Land Use Application (attached) B. Narrative describing how rezone satisfies the requirements of the Edmonds Community Development code and Comprehensive Plan (see below) C. Scale Map of 9530 Edmonds Way (attached) D. Vicinity Map of 9530 Edmonds Way (attached) E. Environmental Checklist (SEPA) for 9530 Edmonds Way Rezone Packet Pg. 71 9.A.e B. REZONE NARRATIVE 9530 Edmonds Way CONTENTS SUMMARY 1. COMPREHENSIVE PLAN 2. ZONING ORDINANCE 3. SURROUNDING AREA 4. CHANGE 5. VALUE SUMMARY We're requesting a rezone of one parcel of land at 9530 Edmonds Way from RM-EW to BC-EW. (Tax Acct #270336001176001) This rezone is in keeping with the policies and goals of the City of Edmonds Comprehensive Plan (Revision Date: May 18, 2021), which designates the parcel as Edmonds Way Corridor. This rezone is in compliance with the Edmonds City Code and Community Development Code (ECDC) which is current through Ordinance 4235, passed October 12, 2021. This rezone to BC-EW allows commercial uses (ECDC 16.50.010) which are not allowed in the current RM-EW Zone (ECDC 16.30.010). This rezone to BC-EW modifies the Site Development Standards of the parcel from the RM-EW Standards (ECDC 16.30.030) to the BC-EW Standards (ECDC 16.50.020).t As in the current RM-EW Zone, the rezone to BC-EW allows the developer to opt for a higher height limit. In this case, 40' instead of 25' with conditions as stated in ECDC 16.50.020.Table A. 2 B. Rezone Narrative - 9530 Edmonds Way Packet Pg. 72 9.A.e 1. COMPREHENSIVE PLAN This rezone to BC-EW is consistent with the City of Edmonds Comprehensive Plan. See below. The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. Tr.. ,ids Woodwa h ${floo! Farmer II - `` woodway ` Edmonds Way Corridor Edmonds Way Corridor COMPREHENSIVE PLAN — PURPOSE AND SCOPE The Comprehensive Plan has the following purposes: Y ca R Z N C Q a Q LO c m E t U r r Q c a� E c� a 3 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 73 9.A.e • To provide a framework for moving the Edmonds community toward a sustainable future that integrates and responds to environmental, economic, and social needs in a way which "meets the needs of the present without compromising the ability of future generations to meet their own needs." • To promote the public health, safety, and welfare consistent with the values of the community. • To serve as the basis for municipal policy on land use and development and to provide guiding principles and objectives for the development of regulations and programs that support sustainable development within the city while seeking to conserve, protect, and enhance the community's assets and natural resources. • To anticipate and influence the orderly and coordinated development of land and building use of the city and its environs, and conserve and restore natural beauty and other natural resources. • To encourage coordinated development and discourage piecemeal, spot or strip zoning and inharmonious subdividing. • To facilitate adequate provisions for public services such as transportation, police and fire protection, water supply, sewage treatment, and parks. • To facilitate the provision of sustainable public services consistent with the community's values and needs. Growth Management Goals & Policies A.3. The role of commercial and industrial enterprises, the attendant tax base and provision for consumer needs should be considered as a supporting part of achieving a sustainable community. A.4. Any growth or development should strive to preserve for itself and its neighbors the following values: A.4.a Light (including direct sunlight) A.4. b Privacy A.4.c Public views, open spaces, shorelines and other natural features. AAA Freedom from air, water, noise, and visual pollution. A.5. Any residential growth should be designed to accommodate and promote a balanced mixture of income and age groups. The rezone from to BC-EW will have a positive effect on the property's tax base, as well as creating more opportunity for diverse housing types. It will not affect any public views. State Framework Goals Urban Growth — Encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Reduce Sprawl — Reduce the inappropriate conversion of undeveloped land into sprawling low - density development. Housing — Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. The rezone of this site, which has adequate public services and facilities, will encourage development on this undeveloped site with a density appropriate to its location, as well as creating more opportunity for diverse housing types. Regional Goals Development Patterns — focus growth within already urbanized areas to create walkable, compact and transit -oriented communities. 4 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 74 9.A.e Housing — The region will preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident. The region will continue to promote fair and equal access to housing for all people. The rezone of this site to BC-EW will encourage development within this already urbanized area and is within walking distance of Westgate Village. COMPREHENSIVE PLAN — ELEMENTS Sustainability Goals & Policies Sustainability Goal A. Develop land use policies, programs, and regulations designed to support and promote sustainability. Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services, recreation, jobs, and housing. Sustainability Goal E. Develop economic development policies, programs, and regulations designed to support co -location of jobs with housing ... and encourage business activities that supplement traditional businesses and employment concentrations. Sustainability Goal G. Develop housing policies, programs, and regulations designed to support and promote sustainability. Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in lifestyle. The rezone to BC-EW allows an increase in density and the provision of commercial space which supports the goals above. The housing provides an opportunity for more residents to stay in the community. Climate Change Goals and Policies Climate Change Goal E. Encourage Existing land use. Buildings and infrastructure to reduce their carbon footprint. The rezone to BC-EW will allow a higher -density building to be constructed that meets current energy codes, facilitates by location alternative means of transportation, and provides sustainable features yielding a reduction in housing unit carbon footprint. Environmental Quality Goals & Policies Environmental Quality Goal A. Protect environmental quality within the Edmonds community through the enforcement of community -based environmental regulations that reinforce and are integrated with relevant regional, state, and national environmental standards. The rezone to BC-EW will allow a potentially taller building that provides features enhancing the environmental quality such as Low Impact Development (LID) Residential Development Goal & Policies Residential Goal A. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. A.3 Minimize encroachment on view of existing homes by new construction... A.5 Protect residential areas from incompatible land uses... A.6 Require that new residential development be compatible... natural constraints... The rezone to BC-EW will limit building height to an elevation below the living levels of existing single-family residences to the South. Its orientation towards Edmonds Way is not incompatible with those residences that are accessed from 231 st PI. SW. Development on the site will fit and be constrained by the existing natural features. 5 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 75 9.A.e Residential Goal B. A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents. B.2 Multiple. The City's development policies encourage sustainable high -quality site and building design to promote coordinated development and to preserve the trees, topography and other natural features of the site. Stereotyped, boxy multiple unit residential (RM) buildings are to be avoided. B.2.a Location Policies. B.2.a.i. RM uses should be located near arterial or collector streets. B.2.b Compatibility Policies. B.2.b.i RM developments should preserve the privacy and view of surrounding buildings, wherever feasible. B.2.b.ii The height of RM buildings that abut single family residential (RS) zones shall be similar to the height permitted in the abutting RS zone except where the existing vegetation and/or change in topography can substantially screen one use from another. The adjacent RS zoned lots (9529 & 9515-231st PI SW) uphill of the site proposed for rezone are substantially higher than the increased height available through the rezone. Additionally, there is a substantial amount of vegetative growth at the southern portion of 9530 Edmonds Way and the northern side of the closest RS zoned lots. B.2.b.iiiThe design of RM buildings located next to RS zones should be similar to the design idiom of the single family residence. B.2.c. General Design Policies. B.2.c.i The nonstructural elements of the building (such as decks, lights, rails, doors, windows and window easements, materials, textures and colors) should be coordinated to carry out a unified design concept. B.2.c.ii Site and building plans should be designed to preserve the natural features (trees, streams, topography, etc.) of the site rather than forcing the site to meet the needs of the imposed plan. A building on the rezoned site will have no visual relationship with the uphill single-family residences. Because of the slope of 9530 Edmonds Way, development would likely be at the bottom of the slope closer to Edmonds Way preserving some trees uphill and fitting into the slope. Commercial Land Use Goals & Policies Commercial Development Goal A. Commercial Development in Edmonds shall be located to take advantage of unique opportunities while being consistent with and compatible with the character of the surrounding neighborhood. The site is identified in the Comprehensive Plan as Edmonds Way Corridor for mixed -use development. The site shares access off Edmonds Way with one curb cut shared with the three parcels to the East. The two parcels directly across Edmonds Way are zoned BC-EW Commercial Development Goal B. The Westgate Commercial area, which is nearby and to the West of this site is intended for commercial development and services. The rezone of this site will support many of the goals identified as being important for the Westgate Commercial Area Commercial Development Goal C. Neighborhood Commercial areas are intended to provide a mix. 6 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 76 9.A.e Rezoning this site will allow a mixed -use project without creating a `strip mall.' It would allow an appealing mixed -use community within walking distance of shopping and service. Commercial Development Goal D. This goal references the Westgate Corridor which starts West at 100th Ave W. Rezoning this site will allow a project that would meet several goals identified in this policy such as shared access. Commercial Development Goal E. This site is in the Edmonds Way Corridor which runs from 1001h Ave W to Highway 99. Concern is expressed that development along the corridor should not interfere with the flow of traffic or intrude into adjoining residential communities. E.1 Minimize contributing significantly to traffic congestion. E.2 Provide transit and pedestrian access to development. E.3 Encourage shared use of driveways and access points EA Encourage design and use of topography to buffer development with adjacent communities Rezoning this site will allow a mixed -use community within walking distance of shopping and service. Additionally, the shared driveway and the effects of the topography meet these goals. Housing Goals & Policies Housing Goal F. Provide for a variety of housing that respects the established character of the community and is located according to the Comprehensive Plan's Land Use Element. Rezoning this site is in keeping with the pattern of development in the Edmonds Way Corridor. Housing Goal J. Recognize that in addition to traditional height and bulk standards, design is an important aspect of housing and determines, in many cases, whether it is compatible with its surroundings. Design guidelines for housing should be integrated, as appropriate, into the policies and regulations governing the location and design of housing. J.1. Provide design guidelines that encourage flexibility in housing types while ensuring compatibility of housing with the surrounding neighborhood. Rezoning the site to BC-EW will be consistent with this goal. Urban Design Goals & Policies General Design Objectives Design Objectives for Site Design. The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. A.1 Vehicular Access. Reduce the number and width of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety. 9530 Edmonds Way and the three lots to the East share an access easement from Edmonds Way. There will be only one curb cut on Edmonds Way. A.2 Layout of Parking. Locating buildings in proximity to the street to facilitate direct pedestrian access and help define the street edge. Parking should be placed to the side and rear. Rezoning the site will require buildings on the site to be located close to Edmonds Way. Parking will be garaged and partially underground due to the BC-EW Site Development Standards and the topography. 7 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 77 9.A.e A.3 Connections On- and Offsite. Design site access and circulation within and between sites to encourage linkages for pedestrians, vehicles, and bicycles. Special attention should be paid to providing and improving connections to transit. The common access from Edmonds Way will tie the circulation between the sites creating a pedestrian, vehicular and bicycle linkage to Edmonds Way AA Building Entry Location. Building entries should be configured to provide clear entry points to buildings, be oriented to pedestrian walkways/pathways, and support the overall intent of the streetscape environment. Space at the entry for gathering or seating is desirable for residential or mixed -use buildings. The common access from Edmonds Way will create a clear entry and departure point for vehicles and pedestrians. Internal circulation will support the `streetscape' by extending circulation into the project. Sharing the single driveway provides opportunities for seating or shared space. A.5 Setbacks. Create and maintain the landscape and site characteristics of each neighborhood area and provide a common street frontage tying each site to its neighbor. Setbacks should be appropriate to the desired streetscape, providing for transition areas between public streets and private building entries where a variety of activities and amenities can occur. The setback on this parcel and 9516 Edmonds Way will match because of the constraint of the overhead power line and the Development Standards. Both will provide a landscape transition to the activity of Edmonds Way. A.6 Open Space. For residential settings, create green spaces to enhance the visual attributes of the development and provide places for interaction, play, seating, and other activities. The constraints of maximum building size, required parking, vehicular and fire access will work to provide open space. Goals A.7 through A.13 will inform good design on the site. A.7 Building/Site Identity. Improve pedestrian access and way -finding by providing variety in building forms, colors, materials and individuality of buildings. A.8 Weather Protection. Provide covered walkways and entries for pedestrian weather protection. A.9 Lighting. Provide adequate and appropriate illumination in all areas used by automobiles, bicycles and pedestrians — including building entries, walkways, parking areas, circulation areas and other open spaces — to support activity and security. A.10 Signage. Encourage signage that provides clear information and direction for properties and businesses while preventing the streetscape from becoming cluttered. Encourage the use of graphics and symbols in signage to support the city's emphasis on uniqueness and the arts. A.11 Site Utilities, Storage, Trash and Mechanical Systems. Minimize the noise, odor and visual impacts of utility systems using such features as landscaping, building forms, or integrated design. A.12 Integrating Site Features. Integrate natural landscape features and unique landforms — such as rocky outcroppings or significant trees — into site design whenever possible. A.13 Landscape Buffers. Use landscaping and/or other features such as fences to maintain privacy and create a visual barrier between incompatible uses. These buffering techniques should also be used to soften hard edges (such as the perimeters of parking lots) and reinforce pedestrian ways and circulation routes. Native plants and rain gardens should be promoted as alternatives to lawns and runoff retention areas. The constraints of maximum building size, required parking, vehicular and fire access will work to provide open space. Goals A.7 through A.13, as we'll as the City Code and Design Review, will inform good design on the site. Design Objectives for Building Form. Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance s B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 78 9.A.e with policies in the city's Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. A.14 Building Form. Encourage new construction to avoid repetitive, monotonous building forms. A.15 Massing. Reduce the apparent bulk and mass of buildings by encouraging human scale elements in building design and/or by subdividing building masses vertically or horizontally. A.16 Roof Modulation. Use roof forms to help identify different programs or functional areas within the building and support differentiation of building form and massing. Roof design, in combination with wall modulation, can allow for additional light to enter buildings or pedestrian spaces. A.17 Wall Modulation. Variation in materials, decorative elements, or other features should be employed to support pedestrian scale environments and streetscapes, or to help break up large building masses to keep in scale with the surrounding environment. Design Objectives for Building Facade. Building fagade objectives ensure that the exterior of a building — the portion of a building that defines the character and visual appearance of a place — is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. A.18 Building Facade Design. Encourage building fagades that reinforce the appearance and consistency of streetscape patterns while supporting diversity and identity in building design. A.19 Window Variety and Articulation. Use window size and placement to help define the scale and character of the building. Use the organization and combinations of window types to reinforce the streetscape character or to provide variation in a fagade, as well as provide light and air to the building interior. A.20 Variation in Facade Materials. Employ variation in materials, colors or design elements on building fagades to help define the scale and style of the structure. Variation in fagade materials can help reduce the apparent bulk of larger buildings while allowing variety and individuality of building design. The constraints of a mixed -use building with its requirements for light and air to the residential units and visibility and openness for the commercial space will direct adherence to these goals. The varying uses will structure the building masses both vertically and horizontally and direct fagade differences that meet goals A.14 through A.20. Urban Design Goals & Policies for Specific Areas Streetscape and Street Trees Goals & Policies Streetscape and Street Trees Goal A. Enhance the public realm through streetscape and street tree choices. Through the development of this parcel and 9516 Edmonds Way to the East, the streetscape will be improved. Storm & Surface Water System Goals & Policies Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. 9 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 79 9.A.e The term low impact development (LID) refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. This rezone to BC-EW will encourage Low Impact Development through the allowable height provisions of the BC-EW Zoning. 10 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 80 9.A.e 2. ZONING ORDINANCE This rezone to BC-EW is consistent with the Edmonds City Code and Community Development Code. See below. The Edmonds City Code and Community Development Code is current through Ordinance 4294, passed February 28, 2022. The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9530 Edmonds Way as RM-EW RS-8 _ RS-8 e _ ri{rK s? svr M U 3 s RS-8 RS-8 j xadway d Madrana K-R Srhnnl Multi Family RM-3 Multi Family, 3,000 w. ft, of lot area per unit RM-2A Muld FoMMA 2,4W sq. ft. of lot prep per unit _ RM• 1-5 Muld Family; 1, 500 s4. ft- of lot area per unit - RM•LW Moo ti Fomily, RM•Edmonds Way Commercial WASU We Wte Mixed Use BP Planned Business BN Neighborhood Business ® FVMU Fuddle ylllage Mixed Use _ 6C Community Business - BC-EW Communi ty Business, BC-Edmvnds Way C{i General Commercial J j_ Z r Y i 9530 Edmonds Ways-"'" !�w 0 RIu. 11 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 81 9.A.e Title 16 ZONE DISTRICTS 16.00.010 Purposes states that in addition to the purposes stated in the city's comprehensive plan, the zoning ordinance shall have the purpose to assist in the implementation of the adopted comprehensive plan for regulating and providing for existing uses and planning for the future. It further states that the zoning ordinance's purpose is to protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. 16.50 BC — COMMUNITY BUSINESS 16.50.005 Purposes The BC and BC -Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones: A. To reserve areas for... offices... which offer... services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling units that support business uses: D. To implement the policies of Edmonds' Comprehensive Plan for the Edmonds Way Corridor; E. To meet the Growth Management Act and the City of Edmonds' Comprehensive plan for housing diversity and economic vitality This rezone to BC-EW is fully in keeping with each of the above stated purposes. 16.50.010 Uses Permitted Primary Uses include offices and multiple dwelling units (except on ground floor per ECDC 16.50.020(B). Permitted Secondary Uses include off-street parking and loading to serve a permitted use. 12 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 82 9.A.e 16.50.020 Site Development Standards A. Table. Minimum Minimum Minimum Minimum Minimum Street Side Rear Maximum Maximum Floor Lot Area Lot Width Setback Setback Setback Height Area BC None None None None' None' 25'2 3 sq.ft. persq. ftof lot area BC — None None 10, None' None' 256 3sq.ft. per sq. Edmonds ft of lot area Way r The setback for buildings and structures located at or above grade (exempting buildings and structures entirely belowthe surface of the ground) shall be 15 feet fromthe lot line adjacentto residentially (R)zoned properly. The required setback shall be completely landscaped with Type I landscaping permanenty maintained by the owner ofthe BC -zoned lot. ' Roof only may extend fr a feet above the slated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roofform (see illustrations). Vertical parapet walls orflat roofswith a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unlessthey are part ofan approved modulated design. Examples of Modulated Roof Dealgnr �u '� ■ . ■ Idf15 .. •wF11 - Iwo Fit .Ilk 1 III i Elm ��r� Er'"'Ififfila r �I�!!I �!9!. iNiM �� a The stated height limit may be increased to 40 feet. provided, that: (a) The street setback of any proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback. (b) Where the proposed development abuts a single-family residential IRS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-family residentially (RS) zoned property; (c) At least three of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of least LEED gold certification or comparable green building certification, (2) Inclusion of housing units affordable to persons at lowimoderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent ofthe gross number of units proposed, (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder ofthe setback area will be landscaped with Type III landscaping; (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to. bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. (d) Severity five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass_ Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicatethe appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. 13 B. Rezone Narrative - 9530 Edmonds Way Packet Pg. 83 9.A.e B. Ground Floor. Development on the ground floor shall consist of only uses to a minimum of 30' measured from the street front of the building C. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC), and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone: 1. Massing and Articulation a. Intent. To reduce the massiveness and bulk of large box -like buildings and articulate the building from a pedestrian perspective b. Standards. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. 2. Ground Level Details. a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way b. Standards. Ground -floor street -facing facades of commercial and mixed -use buildings shall incorporate at least five of the following elements: lighting or hanging baskets; medallions; belt courses; plinths for columns; bulkhead for storefront window; projecting sills; tile work; transom or clerestory windows; planter box; an element not listed here that meets the intent as approved by the Architectural Design Review Board 3. Treating Blank Walls a. Intent. To ensure that buildings do not display blank, unattractive walls b. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: Masonry (except flat, nondecorative block); concrete or masonry plinth at bas of wall; belt course of a different texture and color; projecting cornice; decorative tile work; medallions; opaque or translucent glass; artwork or wall graphics; lighting fixture; green walls; an element not listed here that meets the intent as approved by the Architectural Design Review Board 16.50.030 Operating Restrictions A. Enclosed Building. All uses shall be carried out entirely within a completely enclosed building B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standard 1. Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. C. Location of Parking. No parking spaces may be located within the street setback. 14 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 84 9.A.e Title 17 GENERAL ZONING REGULATIONS Chapter 17.50 OFF-STREET PARKING REGULATIONS 17.50.020 Parking Space Requirements A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 B. Commercial 4. Medical/Dental offices: one space per 200 sf 5. Business and professional offices with on -site customer service: one space per 400 sf 6. Offices not providing on -site customer service: one space per 800 sf Chapter 17.115 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE 17.115.040 Required Facilities Table 17.115.040. Electric Vehicle charging infrastructure Requirements Number of EV Capable Number of EV Ready Number of EV Installed Type of Use Parking Spaces Parking Spaces Parking Spaces Single-family dwelling N/A 1 per dwelling unit N/A unitst Multiple dwelling unitsl 40% of parking spaces 40h of parking spaces 10% of parking spaces Nonresidential uses 40% of parking spaces 0% of parking spaces 10% of parking spaces Chapter 17.120 BICYCLE PARKING FACILITIES 17.115.040 Required Facilities Table 17.120-1, Short -Term Bicycle Parking Requirements Type of Use Minimum Number of Spaces Required Multiple dwelling units 1 per 14 dwelling units; not less than 2 spaces Nonresidential uses 1 per 12 vehicle parking spaces; not less than 2 spaces 15 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 85 9.A.e Table 17.120-2, Long -Term Bicycle Parking Requirements Minimum Number of Spaces Number of E-bike Installed Type of Use Required Spaces Multiple dwelling units' 0.75 per unit 40 percent of spaces Nonresidential uses 2 per 25,000 square feet of floor 10 percent of spaces area; not less than 3 spaces Title 20 REVIEW CRITERIA AND PROCEDURES Chapter 20.10 DESIGN REVIEW 20.10.010 Types of Design Review The project will be subject to General Design Review per the ECDC. Chapter 20.60 SIGN CODE The project will be subject to the Sign Code per the ECDC. Title 23 NATURAL RESOURCES Chapter 23.10 TREE RELATED REGULATIONS 20.10.010 Administrative Authority The Development Services Director or a designee shall have the authority and rersponsibility to administer and enforce all provisions of this chapter 20.10.060 Tree Retention Associate with Development Activity The City's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the City requires approval of a tree retention and protection plan. 16 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 86 9.A.e 3. SURROUNDING AREA The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9530 Edmonds Way as RM-EW 5T SW 6r W. 4 PL SW 11 Y MMFM��� 0 150 300ft = t" i " I - 1 = ` 1 \7- Zoning The proposed rezone of the site to BC-EW will be compatible with the existing zoning and land use of adjacent sites. To the West, the RM-1.5 parcel is a PUD Substation and will not change in the foreseeable future. To the south, the RS-8 zone is up a steep slope and about 30'-40' higher than 9530 Edmonds Way. To the East of the site in the RM-1.5 Zone, there are currently two houses. Access to 9530 Edmonds Way will come from the shared easement with 9516 Edmonds Way and turn West on to 9530 Edmonds Way. This will create further separation L L M Z Jn r Qc.i a Q c as E U r Q c as E U Q 17 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 87 9.A.e between a project on the site and those two houses. The RM-EW parcel to the East at 9516 Edmonds Way is being developed as eight townhouse units. SW GAS - MI W 9715 �oe� . � r.r - • � RI � 22804 t+� u� Qo K 00 - cr W f 23QQ3J 23009 23014 > 23017 , )25 23024 Z ,- 7 23030 9 717 717 9 7 2315T RL SW 23109 97115 T 970W w, Addresses/Vehicular Circulation 9530 Edmonds Way 1231 C no A There are no direct vehicle connections from 9530 Edmonds Way to the residential neighborhood to the South. The rezone to BC-EW will not change this. L M Z Jn r Q a Q LO c as E M U r r a c as E M U 2 a B. Rezone Narrative - 9530 Edmonds Way 18 Packet Pg. 88 9.A.e El. 338' per +, survey ,+ + • ,• �9530 Edmonds Way ♦ At P� 3.40' Nay El. 334' per •• 4��� J` survey :q ■ M a 1 • ,�' El.3-4-9 per ms sEul.ry`< surveil—_ ♦+! �_� '3003 027 9601 ` 609 5 lV� 0 50 100ft I I500�] Topography Assuming an approximate average grade for a project on 9530 Edmonds Way of el. 340'. A 40' high building, allowed under the proposed BC-EW Zone, will only be as high as the top of slope on the adjacent single-family properties to the South. It would be approximately 65' away from the houses and separated by trees and other vegetation. a� �a L M z Jn c M Q a Q LO c (D E M U r r a c a) E M U 2 a 19 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 89 9.A.e P0,15- :T ON�S 20' PUD Easement 20' Shared Access Easement 9620 3027 ^fii I � Is... Y, o ,k6-90i Stormwater & Easements 09 • •� 9530 Edmonds Way XA*1 • • Approximate center ' - � - - -- • Inrn inn of in' Frlmnnrlc c F O,, Stormwater from the uphill residential lots to the South apparently flows through the 9530 Edmonds Way site in a City of Edmonds 10' Easement. Development on 9530 Edmonds Way will have to relocate this easement and, in the process, improve the drainage. This is a benefit to the uphill neighbors and the city by creating a more controlled flow. Access to 9530 Edmonds Way will be in the shared access easement on the west side of 9516 Edmonds Way. 9520 and 9524 Edmonds Way will benefit from the improvement of this single access point. 20 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 90 9530 Edmonds Vllay 10 p`� • �, • 9620 water Service • . , • 4 �IY.mpli4 V'ew Water !, s 23003 • 23111001 • • 23 00j • 23017 23047 nds„ • 909 xel- 0 50 100ft Water Service 9.A.e W • 04 N O O M • 1 S N CD N • ��, R 0 a +� a Water service connects the uphill residential lots to Edmonds Way through an easement to the East of 9530 Edmonds Way. The rezone to BC-EW will not affect this. 21 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 91 9.A.e I 20H PL SW + s 9530 Edmonds Way, Mapped Critical , s rf ^ �_ �� Y� ._� ` Areas (colored areas) r.- 0 150 300ft Critical Areas 2Z8TH S SM .� I \1 r — — t- - Department of Natural Resources (DNF There are a few minor mapped critical areas on the 9530 Edmonds Way site. Uphill to the South of the site there are more substantial steep slopes and slide hazard areas mapped on the single-family lots. Development on the 9530 Edmonds Way site through this rezone may help to stabilize the uphill properties. as ca L L M Z Jn r c.i Q Q Q LO E V r r Q E U 2 Q 22 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 92 9.A.e 4. CHANGE The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. This rezone of 9530 Edmonds Way will allow the site to build a mixed -use project in keeping with the Comprehensive Plan. Property across Edmonds Way is currently zoned BC-EW. 5. SUITABILITY The property is economically and physically suitable for mixed -use under the proposed BC-EW Zone. Its size of 36,375 sf (0.835 acres) is large enough to develop an economically feasible mixed -use project. It is topographically separated and screened by vegetation from adjacent RS zones. The site is on Edmonds Way keeping the mixed -use traffic out of the RS neighborhoods. The site is proximate to the Westgate Commercial Center. 232ND ST SW 3 a Commercial WMU Westgate Mixed Use 13P Planned Business 13N Nelyhbarhoad Business FVMU Flydote Mope Mixed Use _ BC Cammunity8usiness BC-EW Commum ty Business, BC -Edmunds Way (.6 General Commerriai B. Rezone Narrative — 9530 Edmonds Way I Packet Pg. 93 9.A.e 6. VALUE The relative gain to the public interest value is commensurate with the relative gain to the developer. The mixed -use development allowed by this rezone will provide development in an area designated by the city for this type of development. There is an increase in the density for the developer. The developer, if opting for the increase to 40' height gains flexibility in design by providing the optional requirements. The infill development resulting from this rezone will increase housing diversity in the community and raise the site's tax basis.The public gains in sustainability and housing, which are goals of the Edmonds Comprehensive Plan. B. Rezone Narrative — 9530 Edmonds Way I Packet Pg. 94 10.A Planning Board Agenda Item Meeting Date: 07/26/2023 July 26 Extended Agenda Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Staff Recommendation Review and discuss the July 26 Extended Agenda. Narrative The July 12 Extended Agenda is attached. The biggest change from previous versions is the cancellation of the August 9 meeting (for the Planning Board's summer break), in lieu of the previously scheduled break on August 23. The August 23 meeting is now proposed to include the public hearing for the rezone introduced on July 26 (PLN2023-0024) and will focus primarily on a final work session to review draft code language for property owner tree removal regulations. Parks Director Feser is scheduled to provide an in -person parks update at the board's November 29, and has committed to providing biannual presentations, as requested by the board. Attachments: July 26 Extended Agenda Packet Pg. 95 10.A.a Planning Board Extended Agenda - July 26, 2023 7 7CLO Q cN cn cN o o > o O z O z N o N 0 O A 00 N N -1 w N a M rM N M rH Ql c-I I-� N r 1 r-I Ln N zi 00 N N Ol N M ci r- N BN Zone Use Change (Citizen -initiated Code Amendment) PH Tree Code Update (Code Amendment) D/R D/R* D/R D/R1 I 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 I D/R I I D/R I D/R D/R Multifamily Design Standards (Code Amendment) I I D/R Highway 99 Community Renewal Program Update D/R D/R Parks, Recreation & Cultural Services Quarterly Report (^ R R^ Biannual presentations) 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 D/R Wireless Code Update (Code Amendment) I :J 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. 96