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Ordinance 4079ORDINANCE NO.4079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT WHEREAS, the State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review through designation of Planned Actions by jurisdictions planning under the Growth Management Act "GMA); and WHEREAS, the City has adopted a Comprehensive Plan complying with the GMA; and WHEREAS, the City has adopted development regulations providing for planned actions; WHEREAS, the City has prepared a subarea plan and development regulations for the Highway 99 Subarea; and WHEREAS, designation of a Planned Action expedites the permitting process for subsequent, implementing projects whose impacts have been previously addressed in a Planned Action environmental impact statement (EIS), and thereby encourages desired growth and economic development; and WHEREAS, the Highway 99 Planned Action EIS identifies impacts and mitigation measures associated with planned development in the subarea; and WHEREAS, the City has adopted development regulations which will help protect the environment, and is adopting zoning regulations specific to the sub -area which will guide the amount, location, form, and quality of desired development; WHEREAS, the Highway 99 Subarea is deemed to be appropriate for designation of a Planned Action; WHEREAS, the Edmonds Planning Board held an open record public hearing on May 10, 2017 to consider Highway 99 Subarea development regulations and on July 26, 2017 to consider the proposed planned action ordinance; WHEREAS, the Edmonds City Council held an open record public hearing on June 20, 2017 to consider Highway 99 Subarea development regulations and on July 31, 2017, to consider the proposed planned action ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: -1- SECTION 1. Recitals. The Recitals set forth above are hereby adopted and incorporated by reference. The City Council bases its findings and conclusions on the entire record of testimony and exhibits, including all written and oral testimony before the Planning Board and City Council. to: SECTION 2. Purpose. The City Council declares that the purpose of this ordinance is A. Combine analysis of environmental impacts with the City's development of plans and regulations; B. Designate the Highway 99 Subarea as a Planned Action for purposes of environmental review and permitting of subsequent, implementing projects pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C.031; C. Determine that the EIS prepared for the sub -area plan meets the requirements of a Planned Action EIS pursuant to SEPA; D. Establish criteria and procedures, consistent with state law, that will determine whether subsequent, implementing projects qualify as Planned Actions; E. Provide the public with information about planned actions and how the City will process applications for implementing projects; F. Streamline and expedite the land use review and approval process for qualifying projects by relying on the EIS completed for the Planned Action; and G. Apply the City's development regulations together with the mitigation measures described in the Planned Action EIS and this Ordinance to address the impacts of future development contemplated by the Planned Action. SECTION 3. Findings. The City Council finds as follows: A. The City is subject to the requirements of the Growth Management Act, RCW 36.70A, and is located within an Urban Growth Area; B. The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan by adopting a subarea element specific to the Highway 99 Subarea; C. The City is adopting development regulations to implement the Highway 99 Subarea Plan to implement said Plan; D. The City has prepared an EIS for the Highway 99 subarea (Planned Action EIS) and finds that this EIS adequately addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action area; -2- E. The mitigation measures identified in the Planned Action EIS and attached to this ordinance as Exhibit B, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action area; F. The Subarea Plan and Planned Action EIS identify the location, type and amount of development that is contemplated by the Planned Action; G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development; H. The City has provided numerous opportunities for meaningful public involvement in the proposed Planned Action; has considered all comments received; and, as appropriate, has modified the proposal or mitigation measures in response to comments; I. The Highway 99 Subarea Plan is not an essential public facility as defined by RCW 36.70A.200(1), and any future projects which meet the definition of an essential public facility will not qualify as Planned Actions; J. The Planned Action applies to a defined area that is smaller than the overall City boundaries; and K. Public services and facilities are adequate to serve the proposed Planned Action, with implementation of mitigation measures identified in the EIS. SECTION 4. Procedures and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Area. The Planned Action designation shall apply to the area shown in Exhibit A. B. Environmental Document. A Planned Action determination for a site -specific implementing project application shall be based on the environmental analysis contained in the Draft EIS issued by the City on June 2, 2017, and the Final EIS published on August 4, 2017. The Draft and Final EISs shall comprise the Planned Action EIS. The mitigation measures contained in Exhibit B are based upon the findings of the Planned Action EIS and shall, along with adopted City regulations, provide the framework that the City will use to impose appropriate conditions on qualifying Planned Action projects. C. Planned Action Designated. Land uses and activities described in the Planned Action EIS, subject to the thresholds described in subsection ID, below, and the mitigation measures contained in Exhibit B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.031. A development application for a site -specific Planned Action project located within the Highway 99 Subarea Planned Action Area shall be designated as a Planned Action if it meets the criteria set forth in subsection ID of this ordinance and applicable laws, codes, development regulations and standards of the City. -3- D. Planned Action Qualifications. The following thresholds shall be used to determine if a site -specific development proposed within the Highway 99 Planned Action Area is contemplated by the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS: (1) Land Use. The following general categories/types of land uses, which are permitted or conditionally permitted in zoning districts applicable to the Highway 99 Planned Action Area, and subject to any limitations in size contained in the applicable zoning districts, are considered Planned Actions: Anticipated land uses are further identified below: (a) Multiple dwellings; (b) Office uses, including but not limited to medical office; (c) Retail and service uses; (d) Medical and health care uses; (e) Mixed use development; (e) Utilities and capital facilities. To be considered Planned Actions proposed projects shall only include those uses specifically listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. (2) Development Thresholds. a) The following amount of various new development are contemplated by the Planned Action: Land Use Development Amount Non-residential uses, including 1,634,685 square feet of building office, retail, service and area medical/health care uses Residential 3,325 dwelling units (b) If future development proposals in the Highway 99 Planned Action Area would contribute enough new square footage and/or dwelling units to the square footage and/or dwelling units generated from earlier planned action projects to cause either of the above thresholds for cumulative development to be exceeded, that development proposal and all subsequent proposed projects will require additional SEPA review, pursuant to WAC 197-11-172. Furthermore, if proposed development would alter the assumptions and analysis in the Planned Action EIS, further environmental review may be required. Shifting the development amount between categories of uses may be permitted so long as the total build -out does not exceed the aggregate amount of development and trip generation reviewed in the EIS, and so long as the impacts of that development have been identified in the Planned Action EIS and are mitigated consistent with Exhibit B. (c). Building Heights. Building heights shall be as established in the applicable zoning classification and as evaluated in the Planned Action EIS. (3) Transportation. (a) Trip Ranges & Thresholds. The Planned Action EIS analyzed and identified mitigation for 2,755 new pm peak hour trips to be generated from cumulative development occurring in the Planned Action area. If a proposed project would contribute enough new pm peak hour trips to the trips generated from earlier planned action projects to cause this threshold for cumulative development to be exceeded, that proposed projects and all subsequent proposed projects will require additional SEPA review. (b) Concurrency. The determination of transportation impacts shall be based on the City's concurrency management program and the level of service standards in the Comprehensive Plan. (c) Traffic Impact Mitigation. All planned action projects shall pay, as a condition of approval, their proportionate share of local street improvements according to the schedule in Edmonds City Code 3.36.125. Impact fees will be determined according to the methodology contained in Chapter 3.36. (d) Director Discretion. The Development Services Director, in consultation with the City Engineer, shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual accepted by the Director at his or her sole discretion, for each project permit application proposed under this Planned Action. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the Planned Action EIS, would not qualify as a Planned Action. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Review Criteria. (1) The City's SEPA Responsible Official may designate as planned actions, pursuant to RCW 43.21 C.030, applications that meet all of the following conditions: -5- (a) the proposal is located within the Planned Action area identified in Exhibit A of this ordinance; (b) the proposed uses and activities are consistent with those described in the Planned Action EIS and Section 4.D of this ordinance; (c) the proposal does not cause the Planned Action thresholds and other criteria of Section 4.D of this ordinance to be exceeded; (d) the proposal is consistent with the City of Edmonds Comprehensive Plan and the Highway 99 Subarea Plan; (e) the proposal's significant adverse environmental impacts have been identified in the Planned Action EIS; (f) the proposal's significant impacts have been mitigated by application of the measures identified in Exhibit B, and other applicable city regulations, together with any modifications or variances or special permits that may be required; (g) the proposal complies with all applicable local, state and/or federal laws and regulations, and the Responsible Official determines that these constitute adequate mitigation; and (h) the proposal is not an essential public facility as defined by RCW 36.70A.200(1). (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements or RCW 43.21C.030, WAC 197-11-164 et seq, and this ordinance. F. Effect of Planned Action (1) Designation as a Planned Action project means that a qualifying proposal has been reviewed in accordance with this ordinance and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the Planned Action EIS. (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Section 4.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for Planned Actions shall be reviewed pursuant to the following process. Well (1) Development applications shall meet all applicable requirements of the Edmonds City Code and Community Development Code. Applications for Planned Actions shall be made on forms provided by the City and shall include a SEPA checklist, or an approved Planned Action checklist. (2) The City's Director of Development Services or designee shall determine whether the application is complete as provided in Edmonds City Code 20.02.003. (3) If the application is for a project within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action project. The SEPA Responsible Official shall notify the applicant of his/her decision. If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in Edmonds City Code Chapter 20.02, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the SEPA Responsible Official regarding qualification as a Planned Action shall be final. (4) Public notice and review for projects that qualify as Planned Actions shall be tied to the underlying permit and shall follow the procedures set forth in Edmonds City Code Chapter 20.03. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (5) If a project is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (6) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non -qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. SECTION 5. Monitoring and Review. A. The City shall monitor the progress of development in the designated Planned Action Sub -area to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Highway 99 Planned Action Area. B. This Planned Action Ordinance shall be reviewed no later than five years from its effective date by the SEPA Responsible Official to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the Planned Action area, -7- the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance or may supplement or revise the Planned Action EIS. SECTION 6. Conflict. In the event of a conflict between this Ordinance or any mitigation measure imposed thereto, and any ordinance or regulation of the City, the provisions of this ordinance shall control EXCEPT that the provision of any International Code shall supersede. SECTION 7. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance or its application to any other person or situation. SECTION 8. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after its passage, approval and publication as provided by law. ATTESTIAUTII TICATED: Y CLERK, SG9Tf PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: F yU M"D L__0t% N MA OR DAVID O. EARLING J BY IE iREY B. TARADAY FILED WITH THE CITY CLERK: August 11, 2017 PASSED BY THE CITY COUNCIL: August 15, 2017 PUBLISHED: August 20, 2017 EFFECTIVE DATE: August 25, 2017 ORDINANCE NO.: 4079 ..8_ SUMMARY OF ORDINANCE NO.4079 of the City of Edmonds, Washington On the 151h day of August, 2017, the City Council of the City of Edmonds, passed Ordinance No. 4079. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT The full text of this Ordinance will be mailed upon request. DATED this 16th day of August, 2017. 5;;4 C LERK, SC ASSEY Highway 99 Subarea Plan — Planned Action Ordinance E EXHIBIT A Highway 99 Subarea Plan — Planned Action Ordinance 10 PLANNED ACTION AREA 5 EDMONDS ? 2� ST SW U22TT LYNNWOOD r r' r" ram~ r� r + J ESPERANCE 22$iH 2307H ST 5YV ; MOUNTLANE TERRACE 1 2 2N T S'N 1 t 34 ST ' .I I I k a Bll-I f k i $T SW i � �EDw40NC>S i I � t W 104 t �Y 5 24AT14 ET SW - . Highway 99 Subarea Plan — Planned Action Ordinance 11 EXHIBIT B Highway 99 Subarea Plan PLANNED ACTION EIS MITIGATION DOCUMENT The State Environmental Policy Act (SEPA) requires environmental review for project and non -project proposals that may have adverse impacts on the environment. In order to meet SEPA requirements, the City of Edmonds issued the Draft Highway 99 Planned Action Environmental Impact Statement (EIS) on June 2, 2017 and the Final Highway 99 Planned Action EIS on August 4, 2017. The Draft and Final EIS are referenced collectively herein as the "EIS." The EIS has identified probably significant impacts that would occur with future development in the Planned Action area, together with a number of potential measures to mitigate those significant impacts. The purpose of this Mitigation Document is to establish specific mitigation measure for qualified planned action development proposals, based on significant impacts identified in the EIS. The mitigation measures would apply to future development proposals that are consistent with the planned action development envelope reviewed in the EIS and that are located within the Planned Action area (see Exhibit A). USE OF TERMS Brief definitions of terms used in this Mitigation Document are provided below. SEPA Terms The discussion of mitigation measures may refer to the word's action, planned action or proposal and for reference, these terms are defined below: • "Action" means projects or programs financed, licensed, regulated, conducted or approved by an agency. "Project actions" involve decisions on a specific project such as a construction or management activity for a defined geographic area. "Non -project" actions involve decisions about policies, plans or programs (WAC 197-11-704) • "Planned Action" refers to types of project actions that are designated by ordinance for a specific geographic area and addressed in an EIS in conjunction with a comprehensive plan or subarea plan, a fully contained community, a master planned resort, a master planned development or phased project (WAC 197-11- 164). Highway 99 Subarea Plan — Planned Action Ordinance 12 • "Proposal" means a proposed action that may be an action or regulatory decision of an agency, or any action proposed by applicants (WAC 197-11-784) Other Terms The Planned Action area may be referred to as the Highway 99 Planned Action Area, Highway 99 Subarea, project area or project site in this document. General Interpretation Where a mitigation measure includes the words "shall" or "will," inclusion of that measure is mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear, the mitigation measures may be considered by the project applicant as a source of additional mitigation, as feasible or necessary, to ensure that a project qualifies as a planned action and/or to reduce or avoid impacts. Unless stated specifically otherwise, the mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant or designee to fund and/or perform. DEVELOPMENT PROPOSED UNDER THE PLANNED ACTION The proposal reviewed in this EIS include designation of the Highway 99 Subarea (see Exhibit A) as a Planned Acton area for the purpose of SEPA compliance, pursuant to RCW 43.21 C.440 and WAC 197-11-164, adoption of comprehensive plan amendments for the Highway 99 Subarea, and adoption of zoning code amendments addressing zoning classifications, design standards, parking standards. The planned action designation would encourage redevelopment in the Highway 99 Subarea to create increased housing choices and an attractive pedestrian -oriented streetscape, provide opportunities for medical services growth, provide for enhanced multi -modal mobility, and provide for a greater mix of uses in the subarea. Under this Planned Action, redevelopment would add about 3,013 new jobs and 3,325 new housing units through 2035. MITIGATION Based on the EIS, which is incorporated by reference, this Mitigation Document summarizes significant adverse environmental impacts that are anticipated to occur in conjunction with the development of planned action projects. Mitigation measures, identified in the EIS, are reiterated here for inclusion in conjunction with proposed projects to mitigate related impacts and to qualify as planned action projects. Consistency review under the Planned Action, site plan review, and other permit approvals will be required for specific development actions proposed under the Planned Action designation (WAC 197-11-172). Additional project conditions may be imposed Highway 99 Subarea Plan — Planned Action Ordinance 13 on planned action projects based upon the analysis of the Planned Action in relationship to independent requirements of the City, state or federal requirements or review criteria. Any applicant for a project within the planned action area may propose alternative mitigation measures, if appropriate and/or as a result of changed circumstance, in order to allow an equivalent substitute mitigation for identified impacts. Such modifications would be evaluated by the City SEPA Responsible Official prior to any project approvals by the City. As permitted by WAC 197-11-660, there may be some adverse impacts that are unavoidable because reasonable or feasible mitigation cannot be achieved for the Planned Action The combination of regulations applicable to each element of the environment and mitigation measures identified in the EIS and documented in this Mitigation Document that are applied to any planned action proposal will adequately mitigate all significant environmental impacts associated with planned action proposals, except for those impacts that are identified as significant unavoidable adverse impacts. Mitigation measures are provided below for each element of the environment considered in the EIS. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES The EIS identifies significant impacts, unavoidable adverse impacts, and mitigation measures for potential impacts associated with land use, plans and policies, aesthetics, transportation, and public services and utilities. Please refer to the Draft and Final EIS for complete text associated with each element of the environment. The following lists all mitigation measures applicable to impacts for each element of the environment. Land Use Mitigation Measures Incorporated Plan Features The zoning code includes provisions to minimize the impacts associated with increases in building height and changes in land use patterns under the Planned Action. The proposed Subarea Plan includes policy language in support of the proposed stepback development regulations, which are intended to help mitigate for potential land use conflicts around the edges of the subarea. Applicable Regulations and Commitments Zoning designations provide sufficient capacity to accommodate the City's growth targets for the subarea. When combined with the City's remaining existing development Highway 99 Subarea Plan — Planned Action Ordinance 14 and design standards, the Planned Action stepback standards will mitigate for land use incompatibilities in areas where the updated CG zone abuts single family zones. Additionally, existing development and design standards require site design to be compatible with existing and planned character of the nearby area. Applicable site development standards include those for setbacks, screening and buffering, site design, lighting, building design and massing, and others. Other Mitigation Measures No additional mitigation measures are recommended. Plans and Policies Incorporated Plan Features The locally -designated role of the Highway 99 Corridor will continue to be maintained and reinforced through the plan vision for a high density, walkable mixed -use neighborhood with urban amenities. Within the Planned Action, amendments to the Comprehensive Plan clearly identify three distinct districts anchored around major transportation gateways and employment clusters, such as the hospital and international businesses (Recommendation 3.1, February 2017 Draft Highway 99 Subarea Plan). These amendments will bring the Comprehensive Plan and recommended Highway 99 Subarea Plan into alignment. Regulations and Commitments As required by the Growth Management Act (GMA), the draft Subarea Plan and regulations have been submitted to the Washington Department of Commerce for review and comment prior to final adoption. Other Mitigation Measures No additional mitigation measures are recommended. Aesthetics Mitigation Measures Incorporated Plan Features The City's Highway 99 Corridor and Medical/Highway 99 Activity Center Comprehensive Plan Map designations within the Comprehensive Plan will guide aesthetic improvements under the planned action. Such improvements shall make the area more attractive and pedestrian friendly by: • ensuring that the design of new development contributes to the quality and character of the area • encouraging a variety of building types Highway 99 Subarea Plan — Planned Action Ordinance 15 • using landscaping and buffering to soften street fronts and to provide transitions between more and less intensive uses • fostering distinct sub -district identities consistent with the Highway 99 Corridor Vision. Additionally, the Planned Action contains policy guidance and recommended transportation improvement projects that are intended to enhance the aesthetics and urban design of the study area and support the community's vision for the future neighborhood character of the corridor. The policy guidance calls for improvements in signage and wayfinding, using design to strengthen business opportunity, development of a unique district design identity, supporting building types and uses typical of vibrant urban corridors, and making code updates to support more pedestrian- and transit -friendly building forms and streetscapes. Regulations and Commitments Development under the Planned Action will be required to comply with existing development and design standards including those for setbacks, screening and buffering, site design, lighting, building design and massing, and others. These standards require site design to be compatible with existing and planned character of the nearby area. Additionally, the Planned Action stepback standards provide for transitions in building height and bulk between portions of the subarea zoned for the highest intensity uses and adjacent single family zoned areas. Other Mitigation Measures No additional mitigation measures are recommended. Transportation Incorporated Plan Features The City of Edmond's existing planned transportation improvements will help to mitigate for traffic impacts. The near -term and long-term transportation improvements in the Subarea Plan will contribute to the underlying infrastructure that creates transit, pedestrian, and bicycle -friendly places and will indirectly help to mitigate for traffic impacts. Regulations and Commitments Near -term and long-term transportation improvements identified in the proposed Subarea Plan will be incorporated into the Comprehensive Transportation Plan's capital improvement projects. The current Comprehensive Transportation Plan process Highway 99 Subarea Plan — Planned Action Ordinance 16 (updating the Plan in a cycle approximately every six years) will be the mechanism for monitoring the LOS at impacted intersections. The City's current six year Transportation Improvement Program will be used to prioritize projects and identifying funding. Flexibility will be built into each cycle of this program to modify the priority and funding of the capital projects serving the study area as new development occurs and creates opportunities for matching funds from private development; redirecting project priorities and timing to coincide with major developments. The City will leverage the proposed Subarea Plan and Planned Action Ordinance to request early distribution of state funds ($10,000,000) earmarked for Highway 99 within Edmonds in the State's Ten Year Transportation Investment Plan. Additionally, the City will continue to compete for funding from state and federal grants and continue to watch for potential new funding sources. Other Mitigation Measures The EIS analysis indicates that mitigation for traffic impacts of improvement projects under the Planned Action would occur in two stages. Stye 1 The City will work with Community Transit to identify and help implement Transportation Demand Management (TDM) mitigation measures to potentially reduce intersection level of service impacts under the No Action and Preferred Alternatives. The City may also consult with Sound Transit and the Washington State Department of Transportation on this subject. Residential (any size), commercial (under 25 employees), and mixed -use developments may select from a menu of TDM measures specifically assembled for these types of land uses. The City will work with Community Transit and, if appropriate, other agencies, to develop guidelines and worksheets for property owners or tenants of new developments to formulate a trip reduction plan, provided that where the proposed development already incorporates measures that encourage vehicle trip reduction or transportation demand as part of its proposal . Where specific trip reductions plans are required, plans must be submitted to the Development Services Department prior of building permit application unless a different schedule has been approved by the Development Services Director. The Department will consult with Community Transit on the commute trip reduction plans and recommend any changes.. Highway 99 Subarea Plan — Planned Action Ordinance 17 Developments comprised of larger employers are required to develop and implement TDM plans tailored to their workforce. Employers with 25 to 100 employees are required to develop a TDM plan selecting from the menu of TDM measures described above, or customize their own plan. TDM plans for employers with 100 employees or more must conform to the requirements of the Commute Trip Reduction (CTR) law that is part of the Washington Clean Air Act (RCW 70.94). Menus of TDM strategies should include tiers of measures that have varying levels of effectiveness and cost including but not limited to measures within the following broad categories and associated example measures: • Financial incentives, amenities and perks: o Fully or partially subsidized transit passes o Carpool/vanpool subsidies such as fuel vouchers, provision of vehicles, full or partial coverage of vehicle lease, fuel, insurance and maintenance o Car share membership for use by registered carpool and transit commuters o Emergency ride home program o Company vehicle available for employees who commute by alternative modes o Prize drawings to employees or residents who commute by alternative modes o Subsidized off -site services such as fitness center, daycare, dry cleaning, bicycle repair and maintenance, etc. o Service provided, or delivered, on -site such as dry cleaning pickup and delivery, ATM machine, fitness center, daycare, etc. • Parking Management Strategies o Charge market rate for employee parking o Parking cashout program o Preferential parking for carpool/vanpools o Restrictions or limited on -site parking o Unbundled parking o On -site bike share and/or car share facilities • Support Strategies and Assistance o Part or full-time on -site TDM coordinator o Commute options package for new employees and/or residents o Commute alternative information kiosk or website Highway 99 Subarea Plan — Planned Action Ordinance 18 o Rideshare matching program o Discounts on purchasing bicycles and accessories o Sponsored events promoting alternative commute options Note: Except where required by law or as a condition of approval, monitoring, refinement, and maintenance of individual TDM plans by new development is voluntary after the initial submittal for plan approval. St The City will implement new capacity -enhancing mitigation measures for intersection impacts under the Preferred Alternative. The following new intersection capacity - enhancing mitigation measures will be incorporated into the City's standardized six -year Transportation Improvement Program process for funding and prioritizing transportation projects: • State Route 99 / 220th Street SW — Widen State Route 99 to add a second southbound left turn lane. This intersection is projected to operate at LOS F under buildout of the Preferred Alternative, exceeding the standard of LOS E even with implementation of the improvement called for in the 2015 Comprehensive Transportation Plan to widen 220th to add a westbound right turn lane and a second westbound left turn lane, and an eastbound right turn lane. • State Route 99 / 224th Street SW — Convert the eastbound approach of 224th Street SW to provide an exclusive right turn lane, a shared through/right turn lane, and an exclusive left turn lane, or an alternate design as confirmed by further study. This intersection would operate at a LOS F under buildout of the Preferred Alternative. This intersection was not studied in the 2015 update to the Comprehensive Transportation Plan and, therefore, does not currently have any planned improvements. Additionally, the City will take steps to enable the new capacity -enhancing mitigation measures when and if monitoring shows that the measures are required, and implement the improvements, as the following opportunities arise: • Require any new development, redevelopment or site improvements requiring a building permit on the properties adjacent to the impacted intersections to not construct any form of structure or infrastructure (except landscaping or other streetscape improvements) on, under, or above the right of way potentially needed to be acquired for the intersection capacity improvements. • Coordinate with WSDOT and adjacent municipalities on the potential land acquisitions needed for the intersection capacity improvements located within Highway 99 Subarea Plan — Planned Action Ordinance 19 their jurisdictions and, if possible, request the adjacent municipalities to apply the same building restrictions. • As funds become available through the City's Transportation Improvement Program process, construct the capacity improvements. This may include acquiring the necessary right of way from adjacent property owners through purchase or negotiated dedication. Public Services Incorporated Plan Features Proposed transportation projects under the sub -area plan would improve pedestrian and bicycle character, access, and mobility within the study area, particularly crossing Highway 99. As such, east -west access across Highway 99 to park and recreation facilities would improve. The sub -area plan provides greater incentive for mixed -use and commercial development in proximity to existing infrastructure on SR-99, making more efficient use of available stormwater capacity. Additionally, planned streetscape improvements under the Action Alternative would increase landscaping along the street — trees and other landscaping provide a natural ability to absorb stormwater and release it slowly to the atmosphere. The City will continue to pursue energy efficiency measures to reduce energy consumption, thereby reducing stress on Snohomish County PUD as residential and jobs growth occurs. The sub -area plan encourages sustainable building practices, including considering requiring electric vehicle charging facilities and encouraging solar panels (Recommendation 2.2 and 2.3, February 2017 Draft Highway 99 Subarea Plan). Regulations and Commitments Police The Police Department will implement the 2016 agency goals to the extent feasible in its 2016-2021 Multiyear Strategic Plan. These goals include: • bringing the Street Crimes Unit and second K-9 team back on line • partnering with City Council and the Edmonds School District to secure funding for a School Resource Officer for Edmonds-Woodway High School • establishing by policy the Peer Support Team to assist Department members and their families in time of need • working with SNOCOM and Bair Analytics to secure a crime analysis workstation which interfaces with records management and helps bring a public crime mapping portal on-line Highway 99 Subarea Plan — Planned Action Ordinance 20 As recommended in the 2016-2021 Multiyear Strategic Plan, the Police Department should maintain, at a minimum, the current staffing ratio of 1.35 commissioned officers per 1,000 residents. Additionally, the Police Department should continue looking to future budget cycles and preparing to pursue and justify the addition of commissioned staff as the economic climate allows. As recommended in the 2016-2021 Multiyear Strategic Plan, the Police Department should restore the Crime Prevention Officer position to aid the Department's ability to conduct crime prevention training and strategies for businesses, apartment management, various concerned groups, and individuals. Fire and Emergency Medical Services (EMS) Ongoing capital facilities improvement, budgeting, and operational planning by Fire District 1 and the City of Edmonds are anticipated to address incremental increases and other changes in demand for fire services, including the need for additional personnel, additional apparatus, and facility improvements. Fire District 1 recently completed the first Phase of a Capital Facilities Plan which evaluates existing conditions, including an inventory and assessment of existing facilities. Phase 1 of the plan indicated a need for minor near and mid-term maintenance and repairs at Stations 16 and 17, as well as potential seismic or safety upgrades. Station 20 is identified as one of 5-6 stations throughout the district which should be considered for replacement to support operation needs and code deficiencies (Fire District 2016c, 46, 48, C 114-C 145). Phase 2 will forecast future needs and phase 3 will provide an estimate of capital facility funding necessary to execute the plan, an implementation timeline and a recommended funding approach. All potential development in the study area will be constructed in compliance with the City's current Fire Code (ECDC 19.25), which is comprised of the 2015 International Fire Code with Edmonds Amendments. Adequate fire flow to serve potential development will be provided as required by the Fire Code. Potential development will also be required to comply with code requirements for emergency access to structures. The Department of Fire Prevention also reviews proposed street improvements on a project —by -project basis to identify potential negative impacts on response times and ensure street improvements are consistent with the City's Fire Code. A portion of the tax revenue generated from potential redevelopment in the study area would accrue to the City and Fire District 1 to help fund additional fire and emergency medical services. Schools Highway 99 Subarea Plan — Planned Action Ordinance 21 Ongoing capital facilities improvements, budgeting, and operational planning by the District, in conjunction with the City of Edmonds, are anticipated to accommodate projected student enrollment at acceptable levels of service over the next twenty years. The School District will continue to replace, expand, modernize, and upgrade District facilities as approved by voters in the 2014 Capital Construction Bond and should implement the goals identified in Edmonds School District's Strategic Direction (ESD 2014). Parks and Open Space The City will, to the extent feasible, implement goals identified in the 2014 Parks, Recreation, and Open Space Plan which improve the park system within or near the study area to address geographic gaps in service (Edmonds 2014, 4-1 — 4-11). Specifically, impacts identified in the EIS should be mitigated by: • Expanding the partnership with the Edmonds School District, including negotiating an agreement for expanded, year-round public use of school grounds, sports fields and gyms for recreation purposes (Goal LA). • Exploring property acquisition and development with partners, including the School District, Snohomish County and other public and private entities — continue to partner with neighboring and overlapping jurisdictions (cities, counties, school districts) as well as private entities (i.e. churches) to expand recreation opportunities for the community; continue discussions for possible acquisition of Esperance Park from Snohomish County for annexation and redevelopment into a community park with sports fields, community gardens, picnic shelters, and other recreation features; and consider acquisition of County park land within or adjacent to Edmonds (if made available), such as Chase Lake (Goal 2.C). • Acquiring park land in the Highway 99/SR 104 areas to provide adequate park service in redeveloping areas. Create new civic spaces to enhance investment and revitalization while meeting recreation needs, especially where service gaps exist, or higher residential impact is planned (Goal 2.G). • Defining the best routes for and treatments to create central north -south and east - west pedestrian and bicycle corridors, incorporate these into the City's transportation plans, and implement improvements (Goal 2.N). • Increasing connections to the Interurban Trail, using signage, sidewalks, curb extensions, and other pedestrianibicycle enhancements, especially focusing on crossing Highway 99 (Goal 2.0). Highway 99 Subarea Plan — Planned Action Ordinance 22 • Strongly considering the formation of a Metropolitan Park District in order to sustain the level of quality expected by the community while growing to meet future needs (Edmonds 2014, 5-5). Electricity Ongoing capital facilities improvements, budgeting, and operational planning by Snohomish County PUD are anticipated to address incremental increases and other changes in demand for electricity. Depending on the level of development and associated new loads, feasibility studies should be conducted for individual projects as part of the development review process. System capital projects should be developed to meet the demands of future loading if capacity improvements are necessary (Ha pers. com). Stormwater Any redevelopment or new development under both alternatives would be subject to today's stricter regulations governing stormwater. Green design and construction methods should be employed in buildings, streetscapes, and drainage features to detain and treat stormwater (Ecology 2014, 8-10). The City's Storm and Surface Water Management Comprehensive Plan (2010) will guide infrastructure improvements. Specific elements of the stormwater improvements will be defined by the requirements of the State -mandated NPDES Western Washington Phase II Municipal Stormwater Permit. Under this set of regulations, the City maintains measures to protect and improve runoff conditions in relation to the receiving waters. The City of Edmond's stormwater management requirements and ongoing efforts are included in: • Edmonds Community Development Code 18.30 and Stormwater Code Supplement to 18.30 (Edmonds 2010b; Edmonds 2016c) — the City is nearly finished updating the Stormwater Code and Supplement, anticipated to be adopted January 1, 2017 (Cawrsepers. com) • Storm and Surface Water Management Comprehensive Plan (Edmonds 201Oa) • Stormwater Management Program Plan (Edmonds 2016f) Other Mitigation Measures Police The City will monitor growth and demand for police services in the study area in order to determine if/when additional personnel are needed and will regularly review trends to ensure the Police Department has enough advance time to address the needs. New development under the Planned Action will employ Crime Prevention through Environmental Design (CPTED) techniques - incorporation of design features into Highway 99 Subarea Plan — Planned Action Ordinance 23 development that would help reduce criminal activity and calls for service, including orienting buildings toward the sidewalk and public spaces, providing connections between buildings, and providing adequate lighting and visibility. Fire and Emergency Medical Services (EMS) The City will monitor growth and demand for fire and emergency medical services in the study area in order to determine if/when additional personnel, equipment, or facilities are needed and will regularly review trends to ensure the City and Fire District 1 have enough advance time to address the needs. The City and Fire District 1 should work together to plan for pedestrian improvements, such as wider sidewalks, to ensure that the opportunity for emergency vehicle maneuvering is maintained. Additionally, the City should continue efforts to find sufficient resources to retain and improve Fire District 1's current level of services provided. Efforts include exploring additional funding sources — such as a Fire Benefit Charge or Levy Lid Lift; pursuing ways to reduce unnecessary costs/eliminate redundancy, including potential opportunities to partner with neighboring cities, Fire District 7, and other Fire Protection agencies through regional consolidation; and planning for the possible formation of a Regional Fire Authority in South Snohomish County. Schools The Edmonds School District tracks information on growth in enrollment and demand for educational programs offering across all grade spans in the region, including the study area, as part of its determination about if/when additional personnel or facilities are needed. The City will periodically review trends and information from the Edmonds School District, to ensure the City and the Edmonds School District have enough advance time to address the needs, including grade configuration, optimum facility size, educational program offerings, classroom utilization, scheduling requirements, and the use of temporary classroom facilities. Additionally, the Edmonds School District will continue to evaluate both condition and capacity of existing facilities at Westgate and Sherwood Elementary Schools to determine if capital improvements are needed. Parks and Open Space The following steps should be taken to mitigate for impacts to Parks and Open Space under the Planned Action: • Require on -site open space as a residential amenity for new development. Highway 99 Subarea Plan — Planned Action Ordinance 24 • Encourage and promote public open spaces through public/private partnerships where possible. • Implement pedestrian and bicycle transportation improvements to provide greater access to existing facilities within one-half mile of the study area, with a focus on removing Highway 99 as a physical barrier. • Existing recreational programs may see increased enrollment and increased revenue as people living in the study area enroll in more programs. This increased enrollment may marginally help offset the costs of providing additional facilities. Electricity The following steps should be taken to mitigate for impacts to the electrical grid under the Planned Action: • Evaluate and identify future service system needs through coordinated electricity demand planning between the City Development Services Department and Snohomish County PUD. • The PUD is currently undergoing smart grid infrastructure modernization of its electrical distribution system to improve reliability and increase efficiencies for its customers. • Where feasible, reduce the use of power in building heating and cooling through passive systems and modern power saving units. Stormwater No additional mitigation measures are recommended. Highway 99 Subarea Plan — Planned Action Ordinance 25 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard 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 EDH773342 ORD 4077-4081 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 08/20/2017 and ending on 08/20/2017 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $68.8Q.� j1 1 Subscribed and sworn befo me on this day of , o7D s N ary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY ORDINANCE SUMMARY of the City e1 Edmunds, Washinglon On the, 151h day of August. 2017, the City Council al the City of Edmonds, passed the following Ordinances, the Surnmarlea of the content of Said ordinances concisling of lilies ate provided as lo8ows- ORDINANCE NO.4077 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE HIGHWAY 99 SUBAREA PLAN AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN ORDINANCE NO.4078 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING CHAPTER 16.60 ENTITLED "CG - GENERAL COMMERCIAL ZONE," AND ECDC 20.60,045 ENTITLED 'FREESTANDING SIGNS - REGULATIONS,"REZONING CERTAIN PROPERTY TO CG - GENERAL COMMERCIAL ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDINANCE NO.4079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO THE STATE EWRONMPJNTAL POLICY ACT ORDINANCE NO.4080 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.38 OF THE EDMONDS CITY CODE, MULTI -FAMILY TAX EXEMPTION PROGRAM ORDINANCE NO.4081 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.75 OF THE EDMONDS CITY CODE, BUSINESS IMPROVEMENT DISTRICT The lull text at (hose OttSnances will be mailed upon requssl, WED This 16th day of August, 2017, CITY CLERK, SCOTT PASSEY PutrlrehW! Augua120. 2017. EDH773342 Lj