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2023-07-26 Planning Board MinutesCITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting July 26, 2023 Chair Gladstone called the hybrid meeting of the Edmonds Planning Board to order at 7:02 p.m. at Edmonds City Hall and on Zoom. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES The Land Acknowledgement was read by Chair Gladstone. Board Members Present Judi Gladstone, Chair Lauren Golembiewski Susanna Martini Nick Maxwell Jeremy Mitchell Beth Tragus-Campbell, Vice Chair' Emily Nutsch (alternate) Lily Distelhorst (student rep) Board Members Absent Richard Kuehn (excused) READING/APPROVAL OF MINUTES Staff Present Mike Clugston, Senior Planner David Levitan, Planning Manager Amber Brokenshire, Planner MOTION MADE BY BOARD MEMBER MITCHELL, SECONDED BY BOARD MEMBER MARTINI, TO APPROVE THE MINUTES OF JULY 12, 2023 WITH THE AMENDMENTS PROPOSED BY CHAIR GLADSTONE IN A JULY 24, 2023 EMAIL. MOTION PASSED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS None 1 Vice Chair Tragus-Campbell arrived at 7:08 p.m. Planning Board Meeting Minutes July 26, 2023 Page 1 of 7 ADMINISTRATIVE REPORTS A. Parks, Recreation & Human Services Department — 2023 Q2 Accomplishments Chair Gladstone said she had submitted an email with several questions to Planning Manager Levitan who will provide a response to everyone. There were no other questions raised. PUBLIC HEARINGS A. Public Hearing on updates to Critical Aquifer Recharge Area code (AMD2023-0004) Senior Planner Clugston made the staff presentation regarding the proposed Critical Aquifer Recharge Area (CARA) code amendment. He discussed the definition of a CARA and the need for the code amendment to address two wellhead protection areas in the Olympic View Water District. He reviewed proposed changes that had been made since the last meeting as reflected in Attachment 1. He noted that there were still several unresolved items that need further research and refinement, either by the Planning Board or by City Council during their review of the code amendment. These are related to: • Stormwater management — Discussions are ongoing with Olympic View Water and Sewer District (OVWSD). • Greywater — Need to re-evaluate in light of information provided by Snohomish County Department of Health. The County allows greywater reuse for irrigation during the dry season. Should the City continue prohibition of all greywater or allow some flexibility? • Firefighting foam — Staff is waiting for confirmation that the fire district doesn't use PFAS (Per- and polyfluoroalkyl substances) foam. • Pollution Liability Insurance requirements — Staff is waiting for a response from the city attorney. Board Member Golembiewski asked if the prohibited and restricted uses are limited to commercial uses or if they include residential uses as well. Senior Planner Clugston explained that many of the uses, just by definition of the uses, are commercial. Board Member Golembiewski asked about things like the storing of hazardous materials and greywater. Senior Planner Clugston stated that staff could clarify this. Board Member Golembiewski asked if septic systems are allowed in CARAs. Senior Planner Clugston said he thought they were, but they could check with OVWSD. He wasn't sure if there were any onsite septic systems in the City of Edmonds anymore. Any new development would require connection to sewer. Board Member Maxwell expressed some concerns about allowing greywater although he had raised the initial question. Public Testimony: The public hearing was opened at 7:33 p.m. and public comments were solicited. Lora Petso commented as an individual. She recommended not passing this on until staff has a chance to complete their work and get input on it from the Planning Board. She would like to see a provision that this chapter would apply to all land use and development proposals on parcels entirely within the area and that the protections contained herein would not be subject to waiver, variance, mitigation, or any other exceptions provided in the city codes. She also expressed concern about the time of travel structure and explained that it is not based on the Best Available Science. She discussed the hazards of PFAS which are extremely toxic and Planning Board Meeting Minutes July 26, 2023 Page 2 of 7 don't degrade. Regarding greywater, she stated that it is all going to contain PFAS because it's in soaps, lotions, detergents, cosmetics, etc. She recommended not allowing greywater or rainwater at all because of this, noting that PFAS are now even in the rain. Additionally, since the science is evolving rapidly, the City is required to use the precautionary principle and err on the side of being overprotective. Finally, she recommended making the ordinance as self -updating as much as possible by using language that gives staff authority to impose restrictions to protect the drinking water sources including, but not limited to, those that are listed in the chapter. Bob Danson, General Manager, 0IMpic View Water and Sewer District, thanked the City for working with them to try to protect our community's drinking water resources and by updating the City's CARA code. He explained the importance of protecting the watershed wellhead protection areas which are the source of the community's drinking water. He also discussed the hazards of PFAS and the need to protect the system from them. OVWSD is looking forward to continuing to work with staff on the stormwater piece to find a solution that best protects the drinking water aquifers. MOTION MADE BY BOARD MEMBER MAXWELL, SECONDED BY VICE CHAIR TRAGUS- CAMPBELL, TO EXTEND THE PUBLIC COMMENT TIME TO ALLOW THE PARTICIPANTS TO ELABORATE IF DESIRED. MOTION PASSED WITH CHAIR GLADSTONE ABSTAINING. Lora Petso discussed other ways to make the ordinance self -updating such as referring to OVWSD mapping so that when OVWSD updates its maps, it is automatically recognized in the CARA code or to have a provision to recognize the State's Stormwater Manual so that when the state updates the manual it's automatically recognized in the CARA code. They should have a provision that in the event of conflicting requirements, the requirements most protective of the drinking water source shall apply. She also urged them to put all the stormwater protections and land use protections into the CARA ordinance so they can more easily prohibit things in the CARAs that they would want to allow elsewhere. Finally, she encouraged them to ban the use of recycled tire products, recycled asphalt, impervious parking lots and roads, and new infiltration facilities in CARAs. She thanked the Board for the additional time. The public comment period was closed at 7:48 p.m. Discussion: Board Member Maxwell said he was surprised to hear that PFAS were being found in rainwater. If that is the case, he recommended not allowing rain barrels and encouraging people to get their rain into the stormwater system as much as possible. Board Member Martini noted that so far, the water has been in good shape. They need to figure out what they are doing right to keep the drinking water clean and continue with that. Senior Planner Clugston thought it has to do with the land use. Single-family residential zoning is the biggest land use in both of those areas so there is not a lot of intense industry and heavy uses. Chair Gladstone noted that there are still some significant outstanding issues with this code. She proposed tabling this until those issues have been addressed. She was particularly concerned about stormwater and how the UIC (Underground Injection Control) wells are handled in the CARA. It would be good for the Planning Board to send a recommendation to Council that they feel confident about. Senior Planner thought there might Planning Board Meeting Minutes July 26, 2023 Page 3 of 7 be another meeting on Friday with Olympic View, but it is unknown if that will lead to a resolution. The project is tentatively scheduled for Council review at their first meeting in September. Board Member Golembiewski asked for others' opinions about recommending this with a pending stormwater issue. There was discussion about options for moving forward and potential timelines. MOTION MADE BY CHAIR GLADSTONE, SECONDED BY BOARD MEMBER MAXWELL, TO CONTINUE THE PUBLIC HEARING UNTIL THE MAJOR ISSUES WITH THE OLYMPIC VIEW WATER DISTRICT ARE RESOLVED AND STAFF IS ABLE TO COME BACK WITH ADDITIONAL INFORMATION. Board Member Golembiewski asked if they were making a recommendation to postpone this until the stormwater is resolved. She wondered if they would want to entertain making a recommendation in lieu of stormwater since that typically wouldn't be in their purview anyway. MOTION MADE BY CHAIR GLADSTONE, SECONDED BY BOARD MEMBER GOLEMBIEWSKI, TO AMEND THE ORIGINAL MOTION TO POSTPONE THE PUBLIC HEARING UNTIL AUGUST 23 AND SEEK AN UPDATE ON THE STORMWATER CODE AS PART OF THE CONTINUATION. Board Member Maxwell said he hoped that staff would seriously consider Ms. Petso's comments. Planning Manager Levitan indicated staff would follow up on this along with the stormwater code. MOTION PASSED UNANIMOUSLY. None NEW BUSINESS A. Introduction to Site -Specific Rezone Proposal at 9530 Edmonds Way (PLN2023-0024) Amber Brokenshire, Planner, introduced the rezone from RM-EW to BC-EW at 9530 Edmonds Way. She gave the site context and rezone criteria. The rezone would be consistent with the Comprehensive Plan. It would not require a SEPA (State Environmental Policy Act) review at this point in the process. The zoning analysis shows that it would allow for increased densities, reduced setback, a smaller floor area ratio, and an increased height to 40 feet, if it met specific site development standards. Also, at least 3 public benefit measures must be incorporated into the building or site design within the BC-EW zone: sustainable building techniques (LEED Gold), inclusion of housing units affordable to persons at low/moderate income, public amenities, and low impact development (LID) techniques. She reviewed a map showing the uses and zoning of the surrounding area. Site specific rezones are a Type IV (legislative) permit, with the Planning Board holding a public hearing and making a recommendation to City Council. The Planning Board hearing is preliminarily scheduled for August 23. The City Council will hold a separate public hearing and consider adoption of an ordinance to change the zoning. Planning Board Meeting Minutes July 26, 2023 Page 4 of 7 Board members asked clarifying questions about the differences in zoning. Chair Gladstone asked how a single parcel rezone is not spot zoning. Ms. Brokenshire explained they follow what the Comprehensive Plan allows as a permitted zone. Director Levitan agreed that it is consistent with the Comprehensive Plan and added that it is across the street from the zone requested. Ms. Brokenshire also pointed to its proximity to Westgate mixed use. Chair Gladstone asked about including the property immediately west of the project site. Ms. Brokenshire noted that this was the only site included in the application. The other property is PUD owned and there might not be any interest on that site to make it anything other than a substation. Director Levitan noted they could reach out to PUD if there was an interest in that by the Planning Board. Chair Gladstone expressed interest in looking into this further so the map isn't so spotty. It would be great to know if there were objections to expanding it. Chair Gladstone asked for clarification about the relationship between the shared driveway, common access, minimal curb cut, and easement. Ms. Brokenshire stated that when they rezoned adjacent properties, they had in mind that the four properties would be using the same curb cut. One of the city's goals is to reduce curb cuts on Edmonds Way for pull out traffic, and this is one way they are trying to meet that goal. It would essentially be a shared access for the four sites and would require frontage improvements such as a widened sidewalk and a planting strip as well a shared driveway. Board Member Martini asked if this would mean more trees in the sidewalk area. Director Levitan noted that this would be reviewed at the project level as part of a development proposal. Chair Gladstone asked about the citizen concern that had been raised about traffic. Ms. Brokenshire explained that would be a development -type concern and would be addressed with a traffic study at the time of a development proposal. Right now, there is no proposed development. Vice Chair Tragus-Campbell said she was on the Planning Board during the last rezone of this same property and wondered why they would want this change and why now. She recalled the previous rezone request where the developer needed the additional height for what they had in mind. If that was the intention just over a year ago to put that building in, and now we're looking at a rezone of the exact same property for a different kind of use, she wanted to know what has changed. She was concerned that they were looking at scope creep with this property. They had previously talked about being concerned about not having appropriate setbacks and overcrowding the main street. Now, she is concerned that they are adding another couple of feet in height and possibly different setbacks. Ms. Brokenshire responded that if the developer chooses to do the 40 feet, one of the options for them to get that bonus is an increased setback to 15 feet which is the same as the current zoning. In that case, the street setback would remain the same. She noted that the applicant is one of the same owners as the previous application. As to why they are applying for this rezone, they didn't provide that information, but the applicant will be at the public hearing. Planning Manager Levitan stated that there is nothing in the code or the Comprehensive Plan that prohibits them from requesting this. It is evaluated on a case -specific basis as to its consistency with the development code, with the Comprehensive Plan, and with the approval criteria. He commented that if you look at the surrounding land use designations and zoning, at least immediately adjacent, the community business is the highest and best use in the area. If they were to propose something else, staff's initial thought is that it wouldn't be warranted by the existing land use framework. This seems to be the natural endpoint from staff's perspective. Planning Board Meeting Minutes July 26, 2023 Page 5 of 7 Board Member Mitchell commented that this is within the Comprehensive Plan designations. In reference to Vice Chair Tragus-Campbell's question, he noted that this is probably market -driven or lender -driven rather than site -constraint driven. Chair Gladstone commented that, as a city, it seems beneficial to have mixed use along that corridor, especially if they want Westgate to be a center. However, she would still like to hear back about making the substation part of this rezone. The Board thanked staff for the presentation. PLANNING BOARD EXTENDED AGENDA Planning Manager Levitan reviewed the extended agenda. The August 9 meeting will be cancelled for summer break. The August 23 meeting is potentially getting very crowded with the Tree Code and the Edmonds Way site rezone. The unresolved item on the 23rd is the continued CARA hearing. This could be just a written report, but action doesn't necessarily need to be taken at that meeting. He noted that there would be a 3-week gap between that meeting and the first September meeting and requested feedback on scheduling. Board Member Martini suggested squeezing the CARA hearing into the 3-week gap. Chair Gladstone asked if staff thinks they will hear back from the PUD about any concerns about expanding the zone before the August 23 meeting. Planning Manager Levitan wasn't sure but indicated they could notice the public hearing even if they haven't heard from them yet. Planning Manager Levitan noted they could push that out to September 13. Staff will reach out to see how quickly they can get some feedback from the PUD before they finalize the agenda. There was discussion about the August 23 meeting having mainly a written report on the CARA item and waiting to take action until September 13. Board Member Golembiewski asked about the difference between the two Tree Code discussions scheduled for August 23 and September 13. Planning Manager Levitan explained that the 23rd would be to review draft code language for private property tree removals and the 13rh would be to review refinements to the existing development code language. The public hearing anticipated for October 1 ld' would be adoption of both. There was discussion about potentially shifting around topics depending on how things progress. Staff will remain in communication with Chair Gladstone. September 19 is a joint meeting with City Council regarding capital improvements. PLANNING BOARD MEMBER COMMENTS Board Member Maxwell expressed appreciation for all the questions and encouraged board members to continue to ask lots of questions because it really helps everyone. Board Member Mitchell is excited they are one step closer to getting the Comprehensive Plan subconsultant on board after a tumultuous council meeting. He asked if it would make sense to hold a joint Planning Board/City Council kickoff meeting for the Comprehensive Plan. He expressed concern that the City Council might not understand the weight around the document — that it is more than just an update. Planning Manager Levitan said Planning Board Meeting Minutes July 26, 2023 Page 6 of 7 they could look into that. Staff will also be getting into the scoping of the EIS and developing the alternatives so they won't have a lot of wiggle room with the timing. There might be an opportunity to do a joint meeting or to invite Council to one of the Board's meetings but the extended agenda is looking pretty full. Board Member Mitchell commented that there needs to be some level of buy -in with the Plan, and he didn't feel, based on the questions from Council, that there was a whole lot of confidence in the Plan as presented. Planning Manager Levitan stated that staff could work on the messaging to Council. It might not need to be a joint meeting for staff to adequately convey that they've never been in a situation where they've had to add as much housing as they are required to add now. PLANNING BOARD CHAIR COMMENTS None ADJOURNMENT: The meeting was adjourned at 9:06 p.m. Planning Board Meeting Minutes July 26, 2023 Page 7 of 7