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2019-04-10 Planning Board PacketOp E D o Agenda Edmonds Planning Board snl� ynyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 10, 2019, 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES A. Approval of Draft Minutes: March 13, 2019 3. ANNOUNCEMENT OF AGENDA 4. AUDIENCE COMMENTS 5. ADMINISTRATIVE REPORTS A. Development Services Director Report 6. PUBLIC HEARINGS A. Haines Wharf Comprehensive Plan Amendment Public Hearing (File No. AMD20180011) 7. UNFINISHED BUSINESS 8. NEW BUSINESS 9. PLANNING BOARD EXTENDED AGENDA A. Review Planning Board Extended Agenda 10. PLANNING BOARD CHAIR COMMENTS 11. PLANNING BOARD MEMBER COMMENTS 12. ADJOURNMENT Edmonds Planning Board Agenda April 10, 2019 Page 1 2.A Planning Board Agenda Item Meeting Date: 04/10/2019 Approval of Draft Minutes: March 13, 2019 Staff Lead: N/A Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation Review and approve the draft minutes Narrative Draft minutes are attached Attachments: PB190313d Packet Pg. 2 2.A.a CITY OF EDMONDS PLANNING BOARD MINUTES March 13, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Alicia Crank Phil Lovell Nathan Monroe Carreen Nordling Rubenkonig BOARD MEMBERS ABSENT Todd Cloutier (excused) Mike Rosen (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Brad Shipley, Associate Planner Phil Williams, Public Works Director Carrie Hite, Parks, Recreation and Cultural Services Director Shannon Burley, Parks, Recreation and Cultural Services Deputy Director Jerrie Bevington, Video Recorder Karin Noyes, Recorder BOARD MEMBER RUBENKONIG MOVED THAT THE MINUTES OF FEBRUARY 27, 2019 BE APPROVED AS AMENDED. VICE CHAIR ROBLES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS There were no audience comments. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director's Report that was provided in the packet. Board Member Lovell commented that he is not sure the public has a clear understanding that permits purchased via the Sound Transit Parking Permit Program can only be used in the parking lot directly east of the Sounder Station. This is the only parking lot that Sound Transit owns. CITY SUSTAINABILITY ACTIVITIES UPDATE Mr. Shipley advised that, consistent with Mayor and City Council direction, City staff has been performing sustainability activities in broad and numerous ways over the last few years. The purpose of this presentation is to highlight some of these activities for the Board's information. Packet Pg. 3 2.A.a Development Services Mr. Shipley highlighted the following Development Services activities: • The Comprehensive Plan, including the Sustainability Element, was updated and a Climate Action Plan was adopted. These two long-range planning documents provide guidance for most of the City's policies. • The City launched a solar program in 2011. Also in 2011, the City collaborated with the Edmonds Community Solar Cooperative to install solar panels on the Frances Anderson Center Roof. Since 2012, the City has issued over 100 permits for solar installations, generating a total of 641 kilowatt (kW) hours or enough power for 55 homes each year. Edmonds received the SolSmart Bronze Designation for its promotion of solar energy use. Board Member Lovell advised that he has a solar installation on his home and just received notice from the manufacturer that a flaw was discovered in the system's converter. He has been asked to shut down his system until the converter can be replaced. He has placed his name on a waiting list to get the work done by the manufacturer. He agreed to send the notification he received to City staff for their information. He shared details about the program he participated in when installing solar on his home and commented that solar is a very important element of the City's sustainability strategy. The City should pay careful attention to this issue not only for City systems but for systems installed on residential homes. The payback is tremendous. • The City has set up a Green Resources Room in the Development Services Department where customers can view displays of "green" building elements, environmentally -friendly techniques, etc. The room is used frequently. • Development Services staff have prepared a variety of low -impact development handouts that provide standard details and respond to frequently -asked questions. These handouts are available at the front counter, as well as in the Green Resources Room. • The City encourages participation in the EnviroStars Green Business Program. A growing number of Edmonds businesses are being recognized by this regional program that acknowledges businesses that implement environmentally -friendly techniques. • The City had a year -long partnership with Western Washington University's Office of Sustainability and the Association of Washington Cities. Several projects were undertaken as part of this successful program, including the 41 Avenue Cultural Corridor, Edmonds Marsh restoration, Wastewater Treatment Plant education, Edmonds Cemetery mapping, sea level rise, and a walkability assessment. The City of Edmonds was chosen as the first Washington city to participate in the program. • The Critical Areas Ordinance (CAO) was updated to better protect wetlands, fish and wildlife habitat, frequently - flooded areas, and geologically -hazardous areas. • The Shoreline Management Program (SMP) was amended to meet state requirements and address local needs for healthy multi -purpose shorelines. • Floodplain mapping was done in coordination with the Federal Emergency Management Agency (FEMA). The mapping provides information to the public on plans and practices to reduce flood impacts. • A community -driven Highway 99 Subarea Plan and code were adopted with the goal of providing more opportunities for transit -oriented and mixed -use development. The design standards were improved to enhance pedestrian safety and mobility, and street improvements for multi -modal projects were identified. In addition, electric vehicle charging stations are now required with any new development. • The Complete Streets Ordinance was adopted in 2011 and requires City departments to plan, design and construct streets with appropriate accommodations for pedestrians of all ages and abilities, as well as for bicycles and transit. Planning Board Minutes March 13, 2019 Page 2 Packet Pg. 4 2.A.a • The Building Code was updated to reduce flood impacts and address energy efficiency, fire safety and building resiliency. • Work continues on the Urban Forest Management Plan, which focuses on the management of trees and tree care for a healthy urban forest. The revised draft should be available for public hearings and eventual adoption in early 2019. • The Development Services Department provides support to the Historic Preservation Commission and the Edmonds Register of Historic Places. The goal is to preserve existing buildings that have historic character and provide a benefit to the City. • The Development Services Department also provides support to the Tree Board. Not only does the Tree Board work to plant new trees in the City, it also works to educate citizens on how to maintain trees and good practices. They have established a website and produced several handouts. • The Development Services Department provides support to the Climate Protection Committee that continues its public education and awareness outreach, as well as activities related to the Climate Goals Project. The committee also provided support for citywide programs, such as the recent plastic bag ban. Public Works Mr. Williams highlighted the following Public Works activities: • The City has about 200 vehicles in its fleet and most are standard automobiles, police cars and work trucks. These standard vehicles are in a class where there are more energy -efficient options, and the City is doing what it can to convert these vehicles over time. Between 2012 and 2013, the City converted 15 police patrol cars and one street department crew truck to bi-fuel propane, which is a cleaner fuel that provides both carbon and cost saving benefits. In addition, they have found the vehicles run smoother. The initial conversion cost was about $114,000 and it only took 22 months to recoup the cost. Chair Cheung asked about the cost savings of propane versus fuel. Mr. Williams explained that the City entered into a contract with a fuel supplier, with the city paying for the conversions and the supplier providing and filling the propane tank. The price of the propane is based off the Seattle rack price and is a guaranteed savings of about $1.25 per gallon. However, after deducting the 7% BTU loss when going from gasoline to propane, the net savings is around $1.10 per gallon. He emphasized that propane emissions are much lower than gasoline emissions, as well. He concluded that the conversion program has worked out so well that the City extended it to 20 more work trucks. There is now a total of 36 propane vehicles, ranging from large trucks to small cars. By 2012, the City already had 5 hybrid and 2 electric cars. Since that time, it has added 2 more electric cars and now has a total of 9 hybrid/electric vehicles, and 38% of the City's fleet is now using alternative fuel (electric/propane). The Wastewater Treatment Plan is the single biggest source of energy consumption for the City at this time. Using the Energy Services Company (ESCO) model, which guarantees savings for a set period of time, the City has been able to do a number of energy -saving projects. If the savings do not provide an acceptable return on investment, the Department of Enterprise will supplement the savings via a grant. These projects have resulted in a 22% reduction in electricity usage over time. In addition, the implementation of Scada Live Power Usage allows the Wastewater Treatment Plant staff to monitor energy usage in real time. The facility is manned about 18 hours each day, and there are 6 hours at night when it is not. The Scada Live Power system allows staff to set up the equipment to run automatically and turn elements that consume a lot of power on and off as needed. He summarized that the City tries to use the ESCO model and grant funding sources to replace systems that are at the end of their useful life with new technology and techniques that are not only good practice, but energy efficient, as well. This is a great way for Planning Board Minutes March 13, 2019 Page 3 Packet Pg. 5 2.A.a municipalities to replace aging infrastructure with more energy -wise alternatives. In total, energy use at the Wastewater Treatment Plan was reduced by 37% between 2012 and 2017. • The City also utilizes the ESCO model and grant funding to do energy -saving projects in its other facilities, starting with interior and exterior lighting, a new boiler at Yost Pool and a new heating, ventilation and air conditioning (HVAC) system at the Senior Center. If an ESCO contractor is used, then the cost savings are guaranteed by the contractor. On every project done in the City between 2012 and 2017, the cost savings were greater than those projected by the contractor. In total, the projects resulted in a 63% reduction in energy consumption, and the City used grant money to fund the projects. • Compost collection at City Hall reduced City Hall garbage volume by 33%. • The City eliminated the use of bleach as a regular cleaning solution, and all of the new paint that is purchased is now sourced as zero volatile organic compounds (VOC). • Lighting in park bollards was replaced with LED options, and 7 new variable frequency drives (VFDs) for HVACs were installed at the Library and Public Safety Buildings. In addition, the old control system was upgraded with a newer continuous direct digital control system that allows the citywide HVAC system to be recommissioned to be more efficient. • The City's lead custodian, Sarah Brinkley, achieved her Sustainable Community Steward Certificate from Western Washington Extension and Dan Housler and Larry Lafave achieved their Leadership in Energy and Environmental Design (LEED) Paint Restoration Certification in 2018. • For years the City has disposed of the biosolid residue from the Wastewater Treatment Plant by incinerating it at 1,600 degrees Fahrenheit, which is an energy -intensive process. The intent is to replace this 30-year-old system with a pyrolysis system, which heats organic material, such as biomass, in the absence of oxygen. Because no oxygen is present, the material does not combust but the chemical compounds that make up the matter thermally decompose into a charcoal called biochar. Since biochar can be used as a soil amendment, this process obviates the need to dispose of biosolids. It is anticipated that the new system would reduce operating costs by about $700,000 a year and the equipment needs to be replaced anyway. Board Member Rubenkonig commended Ms. Brinkley for completing the Sustainable Community Stewart Program. She said she is also an alumnus of the program, as well as the Energy Management Program at Edmonds Community College. She asked where the ideas that have been executed by the Public Works Department came from. Specifically, she asked if many came from the staff. Mr. Williams answered that a lot of ideas were generated by the staff, particularly the low - hanging fruit such as keeping lights off whenever possible and turning machinery off at night when its not in use. However, a lot came from considering more energy efficient alternatives when replacing existing equipment that is near the end of its life. He said he is happy with staff s effort, and they are enthusiastic about all of the environmental programs that have been initiated so far. He can definitely see that progress is being made. Board Member Rubenkonig asked if the City has a "Green Team" and Mr. Williams answered that they did have a committee at one time, but it was not a long-term thing. Board Member Crank asked what the City uses in place of bleach, which was discontinued. Mr. Williams said he does not know the exact products, but they are considered less aggressive and caustic and the potential hydrogen (pH) level is better balanced so they do not create problems when discharging into the Waste Water Treatment Plant. Parks. Recreation and Cultural Services Ms. Hite highlighted the following activities: • The City has implemented an aggressive pesticide and herbicide reduction program that integrates Best Management Practices (BMPs). The department's continued Integrated Pest Management (IPM) approach is phasing out the use of synthetic herbicides, such as Roundup, wherever possible and replacing it with the organic herbicide Avenger, which is an active citrus oil. Planning Board Minutes March 13, 2019 Page 4 Packet Pg. 6 0 Chair Cheung asked if the City also explored the use of vinegar and salt as an alternative to Roundup. Ms. Hite answered affirmatively but said they haven't had much success with the alternative. • In keeping with the requirements of the Tree City USA Certification, the department works with the Tree Board and volunteers to plants three trees for every tree that is removed, and more than 300 trees were planted in 2018. Over the past year, the City worked on more than 2.2 acres of parkland to remove invasive species and plant hardier plants that help with stormwater runoff and erosion and improve habitat in parks. Most of this work took place in Yost Park and at the Edmonds Marsh. A lot of work has also been done at Hutt park via the Adopt -a -Park and Adopt -a -Plot programs. The department works hand -in -hand with EarthCorps Puget Sound Stewards to manage a volunteer program in Edmonds, leading volunteer stewardship events at Hutt Park, Yost Park, Edmonds Marsh and some areas along the waterfront. The department also works with the Student Conservation Corps to remove invasive species during the summer months. Not only does this program help the parks, but it also grows new stewards for the future. • The Parks Department removes nearly 300 pounds of dog waste every week during the summer. In addition, park working groups host volunteer cleanup events throughout the summer, many of which are open to the public to participate in. • The Parks Department continues efforts to reduce the use of combustible fuel by replacing power tools that use gasoline with tools that run on battery power for small jobs such as pruning. They are also considering options for converting some vehicles to propane. The City has a robust environmental education program via the Discovery Program. During the spring of 2018, more than 4,000 school -aged children participated in K-6 education classes learning how to take care of the Sound. In addition, more than 7,300 visitors of all ages came through the Olympic Beach Visitor Station, where staff and volunteers in the Discovery Program provide information and talks on conserving the Puget Sound ecosystem. Discovery Program staff also coordinate the annual Watershed Fun Fair, which focuses on preserving watershed health. Nearly 200 people attended the event in 2018. The Discovery Program staff led an October Rain Garden Tour and information sessions that allowed Edmonds residents to explore the process of designing, building and maintaining a raingarden. • As part of the Waterfront Redevelopment Project, the creosote pier will be removed and a new beach habitat will be introduced. This is the last creosote pier along the Edmonds waterfront. • The City Council has set money aside for daylighting Willow Creek, and the Parks Department is working in conjunction with the Public Works Department to get the design done and to procure funding to move the project forward. The project will allow stormwater to filter out into the Sound and allow salmon to rear their yearlings in the marsh by creating better habitat. • The Parks Department is currently working on a low -impact development design for Civic Park, and a schematic design will be presented to the City Council soon. It is anticipated that construction will start in 2020. • The Parks Department is working with the City Council to acquire parkland for a community garden. Board Member Lovell suggested that the PowerPoint presentation should be made available to the public via the City's website. Board Member Monroe asked if asked are policies in place to make the City's projects as environmentally friendly as possible. Mr. Williams said that is always the goal, but it is difficult when it comes to projects that involve asphalt, which requires a heat application. Both the contractor and the asphalt provider are interested in saving money, but they haven't Planning Board Minutes March 13, 2019 Page 5 Packet Pg. 7 2.A.a stumbled upon any acceptable alternatives yet. He said the City tries to function as energy efficient as possible. For example, employees are encouraged to share transportation to work sites so that fewer vehicle trips are needed. Board Member Monroe asked if the City has a policy for requiring recycled materials for road bases. Mr. Williams said they try to maximize the use of recycled materials as much as possible. However, requiring that materials be recycled can add a significant cost to a road project and the City typically leaves it up to the contractor to determine the methods used for the project. He said that most of the asphalt will go to a demolition waste site where it will likely be recycled and reused in another project. Mr. Williams shared details of the Dayton Street Project and Board Member Monroe asked if the City has considered low - impact development improvements for utility lines as part of the project. Mr. Williams said the City's intent is to bring all of the utilities up to current BMPs, but they will only be putting new sewer lines in the first section of improvements. The stormwater system will be realigned as part of the project, as well, but the City does not have the resources to underground the power or replace sidewalks. He pointed out that 95% of the project funding comes from the utility fund. Mr. Williams announced that the City is in the process of hiring a new concrete crew to add sidewalks throughout the City and improve the American's with Disabilities Act (ADA) ramps. However, this crew will not be doing large sidewalk projects. Vice Chair Robles asked if the City has considered replacing water lines with Polyvinyl Chloride (PVC) or Polyethylene (PEX) materials or if they will continue to use the standard copper material. Mr. Williams responded that, at one time, the City used these materials but the pipes became brittle and experienced failure. They generally use copper pipes now. Board Member Rubenkonig asked if the City has considered using a lighter color of asphalt for the streets so they do not become heat banks. Mr. Williams said he does not know that anyone has come up with a lighter colored asphalt, but there are a lot of different treatment options available to restore failing asphalt and many of them are lighter in color. If this option becomes an affective choice for rejuvenating asphalt, the City will definitely consider it. Board Member Rubenkonig asked if the City has considered the idea of placing clam shells on the roofs of City structures to reflect the heat back out. She advised that this option has been used successfully elsewhere. Mr. Williams agreed to research the option further. PROPOSED CHANGES TO EDMONDS CITY CODE (ECC) 5.32 AND 50.05.060 (PARK RULES AND DOG RULES) Ms. Hite advised that the park rules have not been updated for more than 8 years, and staff is recommending some changes that are intended to assist the City in operating parks for the safety of all. She reviewed the proposed amendments as follows: • ECC 5.32.045 — Smoking and Vaping in Public Parks Prohibited. Recently, the Snohomish County Health Department asked the City to consider prohibiting smoking and vaping in all of its parks. Right not, it is signed as such, but it is not codified, and this makes it difficult for staff to enforce. She agreed to take the issue to the City's elected officials to see if they are interested. Board Member Lovell asked if it is legal to prohibit smoking in all parks. Ms. Hite answered affirmatively and explained that may cities in the State have taken this approach and Washington State Law backs them up because it relates to the health and safety of all to enjoy the parks. Washington State Parks has also implemented this prohibition. She acknowledged that Edmonds does not have enough resources to make this the highest priority, but if the prohibition is codified, park crews will have greater ability to enforce it. Board Member Robles said he thought that vaping was a vast improvement over smoking. He asked if it would be possible to prohibit smoking but provide a small area of the park for people who want to vape. Ms. Hite agreed that is an option. However, according to the Snohomish County Health District, vaping is still dangerous for people to breath in. Planning Board Minutes March 13, 2019 Page 6 Packet Pg. 8 2.A.a ECC 5.32.010 — Park Closing Hours. Currently, the park hours are from 10 p.m. to 6 a.m., but this is problematic because it gets dark much earlier in the winter months and they don't want people in the parks after dark. Most of the parks are not lit, and it is sometimes difficult to get people to leave when it is dark. To address this concern, staff is recommending this section be amended to say that "All parks shall be closed from sunset to sunrise each and every day unless otherwise posted by the City Park and Recreation Department. " Using this approach, parks would close in the evenings around 5:00 to 6:30 p.m. in the winter and people would not be allowed to loiter in them after dark. Staff believes this approach will be easier to enforce. Vice Chair Robles asked if there are places for young people to socialize in the evenings. For example, the library could be left open for extended hours or perhaps a portion of a park could remain open for this purpose. Ms. Hite pointed out that most of the downtown plaza areas are open when the businesses are open and they are attractive gathering places for youth. She suggested that the concept be revisited when Civic Park is redeveloped and lights are added to the playfields for evening games. In general, the issue is primarily a concern at waterfront and neighborhood parks. Vice Chair Robles said he would like to see more places for people to get together to socialize after dark. There are so many things keeping people inside, and the social fabric can break down if there is no sense of community. • ECC 5.32.030 — Motor Vehicles Prohibited from City Parks. This section would be amended to clarify that motor vehicles, including Segways, are not allowed in any of the parks. Currently, the City allows Segways along the waterfront walkway without any issues, and they would like to continue to allow this use. However, staff does not think it is appropriate to allow them on trails in other City parks. Chair Cheung voiced concern that the proposed language would not apply to Solowheels, which are similar to Segways, but only have one wheel. He also asked if motorized skateboards would be prohibited. Board Member Monroe asked about the intent behind prohibiting motor vehicles, and Ms. Hite said the idea is to limit vehicular and pedestrian conflicts. While foot -powered skateboards are allowed in the parks, once a motor is added they become problematic from a safety standpoint. She emphasized that the proposed amendment is not intended to prohibit recreational pursuits. It is intended to protect the safety of the citizens who use the park, particularly children. • ECC 5.32.040 — Drinking Intoxicants in Public Parks Prohibited. Currently, the City prohibits alcoholic beverages in parks. However, in practice, the City does allow alcohol to be served when someone rents a shelter or the plaza room. In order to make this practice consistent with code, staff is proposing that the code be changed to allow alcohol as authorized by a Special Event Permit. • ECC 5.32.050 — Horses and Similar Animals. This section would be amended to permit horses and similar animals in parks if they are utilized for Americans with Disabilities Act (ADA) purposes. In addition, the City plans to uses goats as a sustainable approach for removing invasive blackberries in parks. • ECC 5.32.100 — Fishing Pier Regulations. This proposed amendment clarifies that the prohibition of animals on the Fishing Pier would not apply to service animals. Currently, the exemption only applies to seeing eye dogs. She pointed out that people use service animals to address a variety of disabilities, and the intent is to not discriminate if the animal is used for ADA purposes. For example, as proposed, comfort animals would be allowed. The amendment would also prohibit wheeled vehicles upon the fishing pier. Chair Cheung commented that the prohibition should not apply to motorized wheelchairs, and Ms. Hite agreed to alter the language to make this clear. Chair Cheung suggested it should also not apply to carts that people use to transport their fishing gear out onto the pier. Board Member Rubenkonig suggested that there are more appropriate terms than "handicapped" when referring to people who are disabled. ECC 5.32.106 — Feeding Wildlife on City Beaches Prohibited. This amendment would add a new section that prohibits feeding wildlife on City beaches, which is consistent with Washington State Law and Washington State Park rules. Planning Board Minutes March 13, 2019 Page 7 Packet Pg. 9 2.A.a Board Member Monroe asked if people are allowed to fish from the beach now. Ms. Hite answered no. She explained that people are allowed to walk across the beach with their spear fishing gear, and they are permitted to fish beyond the tidal zone. • ECC 5.32.060 — Dogs on Public Grounds. The current code is complicated and difficult to enforce. It requires someone with a dog who wants to follow the rules to consult the City code to determine where they can walk their dog. Staff is recommending that the code be changed to allow dogs on leashes in all parks with the exception of playfields, beaches and school grounds. Beaches are considered sanctuaries, and staff is concerned that dogs in these areas could create conflicts with wildlife. Staff is also proposing that dogs be prohibited from playfields where children often play. Currently, the Edmonds School District does not allow dogs on their properties, but it is exploring its policy and will work with the City if they choose to make this policy change, as well. She reminded the Board that the City has partnerships with the school district that allows the playfields to be used by the general public for park purposes after school hours. Ms. Hite advised that, currently, the Port of Edmonds allows dogs on its portion of the waterfront walkway, but the City does not. The City's current code allows dogs on leashes in certain areas of some parks, and signs are in place to point these areas out, but it is hard for people to clearly understand where they are and are not allowed. It is also difficult for staff to understand and enforce the rules. In her discussions with animal control and parks maintenance staff, it appears that the current rules were put in place because people were not picking up after their pets. As part of this policy change, the Parks Department will install waste stations at all of the parks and encourage dog owners to pick up after their pets. Board Member Rubenkonig asked if staff is recommending that the amendment to ECC 5.32.060 be an interim ordinance. Ms. Hite said she is proposing adoption of the amendment as a permanent ordinance, recognizing that it can be revisited at some point in the future if problems arise. Board Member Rubenkonig summarized that the proposed change would give people more opportunities to walk their dogs in places that are more accessible, and it may relieve some of the pressure from the dog park. Ms. Hite emphasized that the dog park is different in that dogs are not required to be on a leash. The proposed change would require that all dogs be on leashes when visiting the other City parks. Chair Cheung asked if cats are also allowed in City parks. Ms. Hite pointed out that the current code does not disallow cats in parks, and neither would the proposed amendment. Board Member Monroe asked how the City would spread the word if the ordinance is passed and dogs are allowed in all parks. Ms. Hite reminded the Board that the City Council must hold a public hearing before taking action on the proposed amendment, which means the public will have an opportunity to provide feedback. If the ordinance is adopted, staff will do a public education campaign to inform the public of the change. Vice Chair Robles asked if the proposed amendment is consistent with most other cities in the region, and Ms. Hite answered yes, most allow dogs in their parks on leashes. Ms. Hite advised that she would update the proposed amendments based on the Board's feedback and present them to the City Council in May for a study session and public hearing. PARKS DEPARTMENT UPDATE Ms. Hite and Ms. Burley provided the Parks Department update, specifically noting the following: • Civic Field Design Development. This project is still in process, and the goal is to complete the design work in 2019 and go out to bid on the project in February or March of 2020. It is anticipated that construction will start in 2020, as well, depending on funding. They have procured about $9 million of the $12 million estimated cost for the project, and they are pursuing additional funding from the State, Snohomish County, Real Estate Excise Tax Planning Board Minutes March 13, 2019 Page 8 Packet Pg. 10 2.A.a (REET), park impact fees and potential bonding. The staff and consultant continue to work with a variety of stakeholders to create schematic designs and an update will be provided to the City Council on April 2°d • Fishing Pier. Staff is still working to resolve issues with the contractor, but the pier is open, safe and busy. They have not been able to address concerns related to the center joint with the contractor, and they are now considering options for addressing the problem in house. Edmonds Marsh. Daylighting Willow Creek is a high priority project this year and the City Council has set aside some funding for this purpose. The schematic designs were just completed and they are currently working to secure funding for final design. The creek needs to be daylighted through the Unocal property, which has not yet been deemed clean. Once it is cleaned, it will be transferred to the Washington State Department of Transportation (WSDOT). WSDOT is supportive of the project, but cannot commit until the property transfer is finished. Burlington Northern Santa Fe (BNSF) has also been informed of the project and Sound Transit actually installed a culvert under the railroad tracks as part of its project. Board Member Lovell recalled that BNSF used money it received from Sound Transit for allowing access over the tracks to install the culvert. Ms. Hite said the culvert will be utilized as part of the daylighting project, but it currently has a cement barrier that will need to be removed as the project moves forward. Seaview Playground Replacement. The Capital Improvement Plan identifies funding to replace the playground at Seaview Park, which is about 18 years old. Led by Council Member Nelson, the City Council adopted an additional $200,000 to apply towards ADA upgrades in playgrounds, and some of this funding will be used at Seaview Park to install the City's first inclusive play area. There are already a large number of inclusive features in many of the City's playgrounds, but all of the fall surfaces use engineered wood fiber that is challenging for kids in mobility devices. The funding will be used to provide alternative fall surface materials and pay hyper attention to the inclusiveness of parks for all children. The Parks Department conducted an extensive public process and received participation from nearly 900 people. A recommendation will be presented to the City Council next week, along with a request to go out to bid for the project. The goal is to complete the new playground by summer. • Outdoor Fitness Zones. The City was awarded a grant from the Verdant Health Commission and will be installing a fitness center at Mathay Ballinger Park in 2019 and at Civic Park in 2020 as part of the redevelopment project. Mathay Ballinger is located in the area identified as the highest health risk in Edmonds, and the Department has requested grant funding to provide free drop in fitness events on Saturday and provide orientation on how to use the equipment properly. Board Member Crank asked if the City would incur any additional liability issues associated with the fitness equipment. Ms. Hite said the fitness zones would be similar to playgrounds. The insurance authority has advised that the City should be fine as long as the equipment is internationally certified and maintained on a regular schedule. The City is also covered by the State's Immunity Law. If someone gets hurt and the City has been diligent with maintenance, it will not be held liable. • City Park Storage Building. The replacement shed has been installed and staff is now completing its internal components. It is much larger than the building that burnt down, and the project was less costly than originally estimated. • Community Garden. The Parks Department is working to acquire property for a community garden. • Waterfront Redevelopment and Walkway Completion. It is anticipated that this project will go out to bid in April, with construction to start in mid -April or the beginning of May. All of the in -water work must be done within the fish window, which falls between mid -July and early October. The intent is to run the project on a parallel path with the new Waterfront Center, and staff has been in constant communication with the Senior Center to make sure they are on the same timeline. Planning Board Minutes March 13, 2019 Page 9 Packet Pg. 11 Board Member Crank observed that at the last City Council meeting, there was a discussion about how to raise the remaining funds needed for the Waterfront Center Project. She asked what would happen to the Waterfront Redevelopment and Walkway Project if the Waterfront Center Project is postponed for lack of funding. Ms. Hite answered that the redevelopment project would have to be postponed or modified because the current plan is based on the parking lot being reconfigured and the building footprint being altered. Board Member Monroe asked about the engineer's estimated for the Waterfront Redevelopment Project, and Ms. Hite answered that the total cost for all three elements of the project is about $3.2 million. • Edmonds Youth Commission. The City Council adopted an ordinance last June to establish a Youth Commission, which is now seated for the first year. The Parks Department has hired a part-time coordinator to work with the Commission, and their top two work items this year include preventing gun violence in schools and mental health awareness for youth. • Student Conservation Association. The City has collaborated with the Student Conservation Association to bring a youth work/education program to the City to help in the parks over the summer. This successful program will continue in 2019. • Willow Creek Fish Hatchery. The department has completed its first year of partnership with Sound Salmon Solutions to operate the fish hatchery, and the transition went smoothly. • Urban Forest Management Plan. The Parks Department is working with the Development Services Department to complete the Urban Forest Management Plan in 2019. Staff is working on the final edits and will present them to the City Council for final adoption soon. The City Council has set aside funding to hire a part-time arborist (10 hours a week) to help jumpstart the plan's goals. • Cemetery Mapping. The department is continuing its working on the cemetery mapping project, but there have been some technical problems that need to be addressed. It is now possible for someone to search for plots and locate them on a map, but not all names are available as they are still trying to sync the website. Board Member Rubenkonig asked if it is possible for families to add additional information, and Ms. Hite answered no. Arts Commission Programs. Plans are underway for the Best Book Poster Contest for third graders and soon the halls of the Frances Anderson Center will exhibit the selected posters. Staff has also been working with the steering committee for the Write on the Sound Conference in October, and the On -the -Fence temporary public art project continues to provide changing visual interest in town. One main accomplishment in 2018 was the City of Edmonds being selected as the first Certified Creative District for the new State program. The Cultural Services and Economic Development staff worked together to lead the public process, develop the work plan, etc. They are currently working to form an advisory committee for the Creative District to move some of the goals forward. Gateway Sign. Last fall, the Parks Department conducted a community process to consider new sign options for the 5' Avenue S and SR-104 Gateway Sign. In addition to input from a committee of 9 members, public feedback was solicited via open houses and online surveys. Three new options, as well as the existing sign, were presented to the public at an open house on February 271. In addition to the three designs prepared by Clayton Moss, an additional design was presented by Mack Benek as a 51 option. An online survey invited the public to respond to the five options, but it closes on March 141 Board Member Monroe asked how the City came up with the five options that were presented at the open house. Ms. Hite explained that the citizen committee originally presented two design options to the City Council in July of 2018, but there was quite a bit of negative public sentiment and a desire to replicate the old sign. The City Council decided to step back, expand the committee, and solicit more public input. Since that time, the committee has met 4 times and there have been 3 public open houses. The result of this public process was three new designs by Mr. Moss and a new design proposed by Mr. Benek. The existing sign design was also listed as an option in the recent Planning Board Minutes March 13, 2019 Page 10 Packet Pg. 12 online survey. After the on-line survey closes on March 14", the committee will reconvene and discuss the results and comments. The designs might also be tweaked based on public feedback before they are presented to the City Council with a recommendation from the committee. Board Member Monroe questioned the fairness of allowing another artist to submit a design for consideration given that the consulting artist was hired following a request for proposals. Ms. Hite clarified that a request for proposals was not required for procurement of design. Because it is a small contract, the project was not subject to the bid laws. The City did not bid the job and hire Mr. Moss specifically for this job. Mr. Moss has worked with the City on a variety of other sign projects. Again, Board Member Monroe questioned the fairness of allowing one person to throw out a design for consideration when others in the community were not afforded this same opportunity. Board Member Monroe asked if citizens were able to vote for their preferred design more than once, and Ms. Hite said the voting was limited to once from any given device. Board Member Monroe summarized that the survey should not be considered scientific. Ms. Hite agreed. She emphasized that the designs would all go back to the committee for a discussion about comment and themes that came out during the survey. Some tweaks will likely be made to the designs before they are presented to the City Council. To clarify further, Ms. Hite explained that Mr. Benek's intent was to refurbish and update the existing sign, but not replicate it. As the public process moved forward, it became apparent that the public did not really support an exact replica of the existing sign. The City Council made the decision to include all five options in the survey, including the existing sign and the design submitted by Mr. Benek. Board Member Rubenkonig recalled the water feature that was previously located at the intersection of 41 Avenue and Main Street that was destroyed by a vehicular accident. The water feature was eventually replaced with a gazebo and people fell in love with what was intended to be a temporary wooden structure. When it came time to engage artists to design a new water feature, they were limited in their ability to express original designs because of public sentiment in support of the gazebo. She shared this example to illustrate how issues of this type can become political. Ms. Hite expressed her belief that the process will result in a wonderful sign for the entrance into Edmonds that is reflective of community sentiment. • Recreation. The adult sports season is in full swing. Over the past two seasons, there were 15 teams in the 3-on-3 basketball league, 23 women's volleyball teams, 26 coed volleyball teams and 165 pickleball teams. This year 40 new pickleball teams have signed up, and spring softball is right around the corner. The City recently hosted a Daddy -Daughter Dance at the Senior Center that was well attended. The Department is in the process of hiring Rangers to help with educational programs and patrol beaches again this summer, and they are gearing up for the summer season with registration starting March 15t REVIEW OF EXTENDED AGENDA Chair Cheung reminded the Board of their retreat on March 27' from 7:00 to 9:00 p.m. He invited the Board Members to forward the items they would like to discuss at the retreat to Ms. Cunningham so that a list can be prepared prior to the retreat. At the retreat, the Board will review the list and identify the items they want to discuss. Board Member Crank said she supports the concept of an open forum for the retreat, but she is concerned that the discussions be moderated so they do not go too long. There needs to be some level of structure to make sure everyone is respectful of the time and space. PLANNING BOARD CHAIR COMMENTS Chair Cheung advised that he and Vice Chair Robles will present a Planning Board update to the City Council on March 26'. Planning Board Minutes March 13, 2019 Page 11 Packet Pg. 13 2.A.a PLANNING BOARD MEMBER COMMENTS Board Member Lovell reported on his attendance at the February 20t' Economic Development Commission meeting. Each of the subgroups are getting organized and starting to develop ideas specifically applicable to increasing economic activity within the City. The intent is to present a list of recommended strategies to the City Council. He will attend their next meeting on March 20t' as the Board's liaison. Vice Chair Robles referred to comments on social media related to garbage collection in Edmonds during the recent winter storm. Many people voiced concern that the garbage company's performance was abysmal, as garbage in some areas was not collected for an entire month. He felt this was unacceptable and should be addressed by the City. Board Member Rubenkonig reported on her attendance at the Puget Sound Regional Council's (PSRC) open house on March 121 related to the Vision 2050 Plan. She said she would have preferred that the PSRC had made a presentation and allowed time for questions and answers. A lot of very dense information was provided on display boards, and attendees were asked to respond to three options as to how the Vision 2050 Plan should be crafted. Mr. Shipley agreed that it would have been helpful if the PSRC had provided a presentation. He explained that it was the first of 5 or 6 workshops the PSRC will hold throughout the region. Most people in attendance were planners or elected officials who had more background information. Board Member Crank announced that Paine Field is now open for commercial flights. Anecdotally, Snohomish County staff is trying to monitor traffic patterns and complaints about noise from the existing flight plans. She advised that the next Airport Commission meeting will be on April 251 at 6 p.m. ADJOURNMENT The Board meeting was adjourned at 9:05 p.m Planning Board Minutes March 13, 2019 Page 12 Packet Pg. 14 5.A Planning Board Agenda Item Meeting Date: 04/10/2019 Development Services Director Report Staff Lead: Shane Hope, Director Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation N/A Narrative Report is attached Packet Pg. 15 6.A Planning Board Agenda Item Meeting Date: 04/10/2019 Haines Wharf Comprehensive Plan Amendment Public Hearing (File No. AMD20180011) Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History See narrative and staff report. Staff Recommendation Forward recommendation approval for the Comprehensive Plan amendment from Mixed Use Commercial to Open Space to the City Council. Narrative The City of Edmonds is initiating a Comprehensive Plan map amendment for the Haines Wharf site and adjacent properties. The City of Edmonds completed a comprehensive update of its Shoreline Master Program (SMP) in 2017. Prior to the comprehensive SMP update, Haines Wharf had an Urban Mixed Use II shoreline designation. The shoreline designation for the Haines Wharf site was changed to Aquatic I during the comprehensive SMP update process. Pursuant to the SMP as codified in the Edmonds Community Development Code: The purpose of the aquatic low -intensity environment (Aquatic 1) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark (ECDC 24.30.030.A). The current Comprehensive Plan Map designation for the property is Mixed Use Commercial and the property is zoned Commercial Waterfront (CW). The SMP only allows commercial development and uses in the Aquatic I environment when it is associated with a permitted use on the abutting upland shoreline areas. The abutting upland areas are Urban Railroad and Shoreline Residential 1, both of which prohibit commercial uses. As such, no commercial use or development could occur on the subject properties consistent with the SMP. Given the SMP update, the City has initiated the Comprehensive Plan Map amendment to change the Comprehensive Plan designation from Mixed Use Commercial to Open Space. The attached staff report provides a detailed evaluation of the proposed Comprehensive Plan Amendment and findings consistent with ECDC 20.00.050. Packet Pg. 16 6.A Attachments: AMD20180011 Staff Report with Attachments January 23, 2019 Planning Board Minutes Excerpt Packet Pg. 17 6.A.a f'?c. 18`)" CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION ADVISORY REPORT FINDINGS, ANALYSIS AND RECOMMENDATION To: E oonds' Planni Board From: - - ernen Lien Environmental Programs Manager Date: April 5, 2019 File: AMD20180011 Hearing Date, Time, and Place: April 10, 2019 at_7:00 PM, Edmonds City Council Chambers Public Safety Complex 250 - 5th Avenue North I. INTRODUCTION The City of Edmonds has initiated a Comprehensive Plan map amendment to change the Comprehensive Plan designation of the Haines Wharf parcels from Mixed Use Commercial to Open Space. The City of Edmonds completed a comprehensive update of its Shoreline Master Program (SMP) in 2017. Prior to the comprehensive SMP update, Haines Wharf had an Urban Mixed Use II shoreline designation (Attachment 1). The shoreline designation for the Haines Wharf site was changed to Aquatic I during the comprehensive SMP update (Attachment 2). Pursuant to the SMP as codified in the Edmonds Community Development Code: The purpose of the aquatic low -intensity environment (aquatic I) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark (ECDC 24.30.030.A). The current Comprehensive Plan map designation for the property is Mixed Use Commercial (Attachment 3) and the property is zoned Commercial Waterfront (Attachment 5). . The structures on the Haines Wharf property have been deteriorating for years while the property owner has been unsuccessful in obtaining and/or finalizing development permits for the property. Given the recent SMP update, the City is initiating the Comprehensive Plan map amendment to change the Comprehensive Plan designation to a more appropriate Packet Pg. 18 6.A.a designation consistent with the Shoreline Master Program. II. FINDINGS OF FACT AND ANALYSIS A. Site Context The subject of this Comprehensive Plan map amendment are the four parcels that are adjacent to and contain Haines Wharf (also known as Meadowdale Marina). See Attachment 3. The parcel numbers from north to south are 00513900100100, 00513900100200, 00513900100700, and 00513900101200. Tax parcel number 00513900100700 is the parcel that contains the Haines Wharf structure. The four parcels are owned by Snohomish County (00513900100100), Jeri Ann Merritt (00513900100200), Meadowdale Marina LLC (00513900100700) and the City of Edmonds (00513900101200). The subject site is located west of the railroad right-of-way in the tide lands of Puget Sound. Access to the site is limited due to the presence of the railroad and a locked gate preventing access to the Marina. Landward of the property is Haines Wharf Park and single-family residential properties with RS-12 (Single-family residential; 12,000 square feet minimum lot size) and RS-20 (Single-family residential; 20,000 square feet minimum lot size) zoning. Historically, there had been two structures on the property. A wooden barn like structure was barged in circa 1939. This was the original Haines Wharf that operated as a full - service sport fishing facility for 30 years. Around 1970 the property was sold and a second metal structure was constructed on the site in 1975. The site was renamed Meadowdale Marina and shifted from a full -service sport fishing business to boat storage. According to City3 records there has not been a business license for the site since 2001, although an application for a business license was applied for in 2008 but never issued. The current owner of the Haines Wharf structure (Meadowdale Marina LLC) applied for and received a shoreline permit substantial development permit in 2005 to reconstruct the then existing timber portion of the peer. While the shoreline permit was issued, it was recognized that the structures on the site were nonconforming structures and conditions added noted that if any of the structures were moved any distance (emphasis in the original condition) they would have to be demolished. Other conditions noted the project would have to comply with conditions imposed by Army Corps of Engineers, Washington State Departments of Ecology, Fish and Wildlife, and Natural Resources, and the National Marine Fisheries Service. The property owner was not successful in receiving all of the approvals to reconstruct the pier and over time, the Haines Wharf structure and wooden pier deteriorated and no longer exists. The metal 1975 structure still exists on the site and is connect via a narrow walkway to the shoreline. The City of Edmonds completed a comprehensive update of its Shoreline Master Program AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 2 of 7 Packet Pg. 19 6.A.a (SMP) in 2017 which changed the shoreline environmental designation of the site. Prior to the 2017 update, the Haines Wharf properties had an Urban Mixed use II shoreline designation (Attachment 1). The shoreline designation for Haines Wharf site was changed to Aquatic I during the comprehensive SMP update (Attachment 2). Pursuant to the SMP as codified in the Edmonds Community Development Code (ECDC): The purposed of the aquatic low -intensity environment (aquatic 1) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. (ECDC 24.30.030.A) The SMP's Restoration Plan also identifies the Haines Wharf structures (Meadowdale Marina in the Restoration Plan) as a restoration opportunity. The current Comprehensive Plan designation for the site is Mixed Use Commercial (Attachment 3) and the property is zoned Commercial Waterfront (CW). B. Notice Pursuant to Chapter 20.03 ECDC, a notice of the public hearing was posted at the subject site, mailed to property owners within 300 feet of the site and published in the Everett Herald. Additional, the notice of public hearing was posted at the library, City Hall, and the Public Safety Complex. C. Public Comments To date, no public comments have been received. D. Edmonds Community Development Code Compliance In accordance with ECDC 20.00.050, amendments to the Comprehensive Plan may be adopted only if the findings in ECDC 20.00.050 can be made. Below are the required findings and staff analysis: 1. The proposed amendment is consistent with the provisions of the Edmonds Comprehensive Plan and is in the public interest; Staff Findings: The current Comprehensive Plan designation for the subject properties is Commercial Mixed Use. The Comprehensive Plan does not have any goals or policies specific to the Commercial Mixed Use designation like some of the other commercial designation; however, the Comprehensive Plan does contain some general goals and policies that apply to all commercial areas. Commercial Development Goal A provides: Commercial Development Goal A. Commercial development in Edmonds shall be located to take advantage of its unique locational opportunities while being consistent and compatible with the character of its surrounding neighborhood. All commercial development should be designed and located so that it is economically feasible to operate a business and provide goods and services to Edmonds AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 3 of 7 Packet Pg. 20 6.A.a residents and tourists in a safe, convenient and attractive manner, in accordance with the following policies: A.2 Parcels of land previously planned or zoned for commercial use but which are now or will be identified as unnecessary, or inappropriate for such use by additional analysis, should be reclassified for other uses. The property is located in a residential neighborhood with no other commercial activity in the area. To access the site, one would have to travel through local streets (as classified by the City's Transportation Plan) and cross the railroad tracks where there is no signaled crossing. So commercial development of the site is not compatible with the surrounding neighborhood, nor is there safe access to the site. As previously noted, the shoreline environmental designation for the site was changed to Aquatic I during the comprehensive update of the City's Shoreline Master Program. Regarding commercial uses within the Aquatic I shoreline environment, the ECDC 24.6n-n3n-D-9 nrnviriPc- ---------- 1---------- Aquatic 1. Commercial and light industrial use and development are prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. Pursuant to ECDC 24.60.030.D.9, commercial development and uses are only permitted within an abutting upland shoreline designation. The two abutting shoreline designations are Urban Railroad and Shoreline Residential I. Pursuant to ECDC 24.60.030.D.1 and D.2, commercial uses and development are prohibited in the Urban Railroad and Shoreline Residential I shoreline environments. Since no upland commercial use either exists or is allowed, no commercial development could be permitted on the subject properties. So consistent with the Commercial Development Goal A.2, the subject properties should be reclassified for other uses. The proposed Comprehensive Plan designation for the property is Open Space. The Comprehensive Plan provides the following with regards to Open Space. General. Open space is important in defining the character of the Edmonds area and should be preserved and enhanced for enjoyment by current and future generations. Open space serves many functions ranging from providing recreation to protecting aesthetics and biodiversity. Open Space Goal A. Open space must be seen as an essential element determining the character and quality of the Edmonds environment, in accordance with the following policies. A.2. All feasible means should be used to preserve the following open spaces: A.2.b Areas which have an abundance of wildlife, particularly where there are AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 4 of 7 Packet Pg. 21 6.A.a linked wildlife corridors or habitats of rare or endangered species. Open Space Goal B. Edmonds possesses a most unique and valuable quality in its location on Puget Sound. The natural supply of prime recreational open space, particularly beaches and waterfront areas, must be accessible to the public, in accordance with the following policies: 8.1 Edmonds saltwater shorelines and other waterfront areas should receive special consideration in all future acquisition and preservation programs. Numerous fish and wildlife species depend on the Edmonds shoreline and adjacent shoreland habitats for either part or all of their life stages. Shellfish resources include clams, mussels, crab, and shrimp. Eight species of salmonids use nearshore areas of Puget Sound at some point in their life cycle. These include Chinook (a critical prey species for the endangered resident Puget Sound Orca), chum, coho, sockeye, pink salmon and sea -run cutthroat trout, steelhead, and bull trout. Several federally listed threatened or endangered species also inhabit marine waters within the City. These include federally listed threatened Puget Sound Chinook salmon and bull trout. Federally listed marine mammals such as the Steller sea lion and Puget Sound Orcas are also present in the Edmonds shorelines. Open Space Goal B specifically recognizes that the Puget Sound and our saltwater shorelines should receive special consideration for preservation. The Comprehensive Plan designation for the rest of the shoreline area from the subject properties south to Brackett's Landing South are also designated as Open Space. The proposed Open Space Comprehensive Plan designation for the properties is consistent with the goals and policies of the Comprehensive Plan. 2. The proposed amendment would not be detrimental to the public interest, health, safety or welfare of the City, Staff Findings: The proposed amendment would not be detrimental to the public interest, health, safety or welfare of the City. The Open Space designation for the site implements the Shoreline Master Program and could help preserve and enhance habitat for federally threatened species. Access to the site with the unsignaled crossing is a safety concern. The low intensity Open Space designation is more appropriate for the site. 3. The proposed amendment would maintain the appropriate balance of land uses within the City, and, Staff Findings: There is one other area with the Mixed Use Commercial Comprehensive Plan designation. This area is centered on the 212th Street SW and 76th Avenue W intersection (Attachment 4). These urban upland areas are more appropriate for commercial uses than the Puget Sound tidelands. Additionally, there AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 5 of 7 Packet Pg. 22 6.A.a are many other areas of the City that allow for commercial development, and the removal of this nonconforming site from the commercial designation will not impact the appropriate balance of land uses within the City. 4. In the case of an amendment to the comprehensive policy plan map, the subject parcels are physically suitable for the requested land use designation(s) and the anticipated land use developments(s), including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints. Staff Findings: The subject property is not physically suitable for the current Mixed Use Commercial designation. The landward neighborhood is a single-family residential area. The railroad tracks impose a physical obstacle to access to the site, and the Shoreline Master Program prohibits commercial development at the site and on the abutting upland properties. The proposed Open Space designation is more appropriate for intended land use of the area and more compatible with the adjoining land uses. III. CONCLUSIONS A. The existing structure on the site is nonconforming and could not be expanded in any way. B. The Shoreline Master Program prohibits commercial use or development on the subject properties as well as the abutting upland properties. C. The exiting railroad is a safety issue for access to the site. D. The Puget Sound shorelines provide critical habitat for federal listed species. An Open Space Comprehensive Plan designation for the property is consistent with the goals and polices of the Edmonds Comprehensive Plan and the Shoreline Master Program. The proposed amendment is consistent with the required findings of ECDC 20.00.050.1 IV. RECOMMENDATION Based on the findings of facts, analysis, conclusions, and attachments to this report, staff proposes that the Planning Board make a recommendation to the City Council to APPROVE the Comprehensive Plan map amendment from Mixed Use Commercial to Open Space. V. ATTACHMENTS 1. Old Shoreline Master Program Environmental Designations 2. Current Shoreline Master Program Environmental Designations 3. Vicinity Comprehensive Plan Map 4. City Wide Comprehensive Plan Map AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 6 of 7 Packet Pg. 23 6.A.a 5. Vicinity Zoning Map 6. 2017 Aerial Photo VI. PROPERTY OWNERS City of Edmonds 121— 5th Avenue North Edmonds, WA 98020 Jeri Ann Merritt PO Box 5142 Lynnwood, WA 98046 Snohomish County Property Management Division 3000 Rockefeller Avenue Everett, WA 98201 Vladan Milosavljevic Meadowdale Marina, LLC 23423 Brier Road Brier, WA 98037 AMD20180011— Haines Wharf Comprehensive Plan Map Amendment Page 7 of 7 Packet Pg. 24 rr,F I 6.A.a Legend Haines Wharf Parcels 1 91 .,7e. 1 gyl 1 1$6i1 1560d, • 5 15620 ` f509515 157015701., 1570 571 i Haines Wharf Comprehensive Plan Amendment a AMD20180011 Shoreline Designation Scale 1 inch = 400 feet Attachment 2 Packet Pg. 26 elm =goIsolo] sle 6.A.a `,7e. ig9l Haines Wharf Comprehensive Plan Amendment a AMD20180011 2017 Aerial Photo Scale 1 inch = 400 feet Attachment 6 Packet Pg. 30 6.A.b Board Member Monroe asked for a status report on the public process related to housing. He asked if the issue would come back to the Planning Board at some point in the future. Mr. Lien answered that a public open house was held on January 10' and was well attended. Board Member Crank said she did not attend the public meeting, but the ad hoc housing group is having its final meeting on January 31". She anticipates the meeting will include information and feedback that was gathered from the last two open houses, and it will likely be the official ending of the group. Board Member Monroe asked if a work product would result from the housing group meetings, and Board Member Crank answered no. She explained that the group was intended to be a type of stop gap to allow a pause and an opportunity to work the Housing Strategy back to what it was supposed to be. At the group's last meeting, it was discussed that a Housing Commission could potentially be formed. If a Housing Commission is appointed, she suggested it might be helpful for them to meet jointly with the Planning Board. HAINES WHARF COMPREHENSIVE PLAN AMENDMENT INTRODUCTION (FILE NO. AMD20180011 Mr. Lien advised that this is a City -initiated Comprehensive Plan amendment that involves four parcels in the Haines Wharf area. The City owns a small parcel, and the other three are privately owned. Notice letters were sent to the three property owners, but no response has been received to date. Mr. Lien explained that the current Comprehensive Plan Map designation for the properties is Mixed Use Commercial and the properties are zoned Commercial Waterfront (CW). The only other area in the City that is zoned Commercial Waterfront is near the downtown and near the Port of Edmonds. The remainder of the tidelands are zoned Open Space (OS). With the exception of a few properties that are zoned Mixed Use Commercial, properties further shoreland are zoned Single Family Resource (RSW). RS-20 requires a lot size of at least 20,000 square feet and RS-12 requires a lot size of at least 12,000 square feet. He also advised that the existing structure on the subject parcels has been deteriorating over the years. Mr. Lien said the proposed Comprehensive Plan amendment is primarily an outgrowth of the Shoreline Master Program (SMP) update. He provided an image to depict the old shoreline designation for the properties and explained that under the old SMP, the areas were intensely developed with a mixed use of commercial, port facilities, multi -modal transit facilities, railroad facilities and limited light industrial uses. With the recently updated SMP (2017), the shoreline designation was changed to Aquatic I. The purpose of the aquatic low -intensity environment is to protect, restore and manage the unique characteristic and resources of the areas waterward of the Ordinary High -Water Mark (OHWM). The City initiated the Comprehensive Plan Map amendment to change the designation to a more appropriate designation consistent with the SMP. At the request of Board Member Lovell, Mr. Lien shared information about the properties that were developed under a Planned Residential Development and a Contract Rezone. Board Member Monroe requested clarification about what property the existing building is located on, and Mr. Lien answered that part of it is on private property and part is on state tidelands. The current tideland lease with the Department of Natural Resources (DNR) is month -to -month. He explained that before the wooden structure deteriorated, the property owner applied for a shoreline permit to refurbish the site. The structure was non -conforming under both the current and previous SMP. The property owner obtained a shoreline permit from the City but was unable to get a permit from the other government agencies. At this time, nothing is being pursued. Board Member Monroe asked if the other permits would have been required if the structure was located entirely on the private property. Mr. Lien responded that a variety of state agency permits would be required because the structure is located within navigable waters. To further clarify the proposal, Mr. Lien explained that zoning overlay, shoreline designation and Comprehensive Plan designation are different designations that apply to the site. The zoning designation has to be consistent with the Comprehensive Plan designation of Mixed -Use Commercial, and both the zoning designation and Comprehensive Plan designation must be consistent with the SMP. Currently, the zoning and Comprehensive Plan designations are not consistent, and staff is proposing that the Comprehensive Plan Map designation be changed from Mixed Use Commercial to Open Space (OS), which is consistent with rest of the tidelands next to the residential areas in North Edmonds (from the subject parcels all the way to Brackett's Landing South). Mr. Lien reminded the Commission that amendments to the Comprehensive Plan can only be adopted if the following findings are made: • Is the proposed amendment consistent with the Comprehensive Plan and in the public interest? Planning Board Minutes January 23, 2019 Page 2 Packet Pg. 31 6.A.b • Is the proposed amendment detrimental to the public interest, health, safety or welfare of the City? • Does the proposed amendment maintain the appropriate balance of land uses within the City? • Is the subject parcel physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, access provision of utilities, compatibility with adjoining and uses and absence of physical constraints. Mr. Lien explained that the Comprehensive Plan requires the City to develop and implement the SMP consistent with the Shoreline Management Act (SMA), and that is the purpose of the proposed amendment. When the amendment comes back to the Board for a public hearing, he will present a staff report to further explain how the proposed change is consistent with the four criteria. He summarized his presentation by stating that the next step would be a public hearing by the Planning Board in March, followed by a recommendation to the City Council. Board Member Lovell observed that one sliver of the property is owned by the City and the other three are privately owned, and the entire Haines Wharf complex is crumbling into the Sound and causing pollution. He asked if the Corps of Engineers has anything to say about the future of this property and the existing structure. Mr. Lien responded that number of agencies have been watching the structure decay over the years with nobody really stepping up and taking the lead. The Department of Ecology (DOE) has stepped in from time to time, as has the DNR because of the lease. After a significant storm a few years ago, the City made the property owners remove the wood portion and stabilize the rest of the structure. Pollution no longer occurs during high tide and/or significant storms. However, it is still a nonconforming structure that is inconsistent with the SMP, and not a lot can be done with the site beyond maintaining it in its current condition. Board Member Lovell asked if the properties would be considered undevelopable if the Comprehensive Plan Map designation is changed to OS. Mr. Lien shared a zoning map and explained that, currently, the Haines Wharf properties are designated as Commercial Waterfront, and the properties from Haines Wharf down to the Lynnwood Wastewater Treatment Plant are zoned OS. The properties between the treatment plant and the ferry terminal are zoned RSW-12. The RSW-12 zone was primarily developed for Lake Ballinger, so it has setbacks that are described from the lake edge. The Zoning Code has a chapter for the Marine Resource (MR) zone. Based on his research, the MR zone is supposed to apply to the OS and RSW zones in the tidelands, but it has not been applied to any properties on the zoning map. When it was initially adopted, it was applied to the tidelands outside of the City limits. However, when the City created the new electronic maps, the zone disappeared from the zoning map. Mr. Lien shared details about the MR zone, noting that its purpose is to regulate uses at the tidelands and other lands covered by saltwater, to preserve and enhance the natural marine environment along the shoreline in Edmonds, and to provide local control over the natural marine environment to the extent that state and federal regulations allow. The MR zone allows for permitted uses such as commercial fishing, sports fishing, movement of vessels, swimming, and snorkeling. It also allows uses that require a Conditional Use Permit such as submerged power and communication cables, filling, dredging, submerged construction, breakwaters, bulkheads, scientific installation, marine extraction, mineral extraction from water, marine agriculture and propagation, and educational and recreational facilities. He said that he plans to review this zone further at some point in the future to determine how it could potentially be amended and applied to properties along the shoreline in Edmonds. Mr. Lien again emphasized that the property has three separate designations: Shoreline Environment, Comprehensive Plan and Zoning. The current proposal would only amend the Comprehensive Plan Map designation for the subject parcels from Mixed Use Commercial to Open Space, which is consistent with the rest of the waterfront. The proposed amendment would make the Comprehensive Plan consistent with the SMP. Changing the zoning will be a separate action that would follow the Comprehensive Plan amendment. Board Member Lovell summarized that a future zoning amendment would involve a look at all of the rest of the zones along the waterfront relative to tidelands and previous zoning designations, but zoning is not part of the current proposal. Board Member Monroe asked if the Board would consider potential impacts to the property owners as part of any proposed zoning change. Mr. Lien answered affirmatively. Again, he said he has notified the property owners of the proposed Comprehensive Plan change, but he has not heard back from any of them. Planning Board Minutes January 23, 2019 Page 3 Packet Pg. 32 6.A.b Board Member Rubenkonig asked for more information about how the federal and state agencies are also involved, given that the properties are classified as tidelands. Mr. Lien explained that a variety of permitting agencies have responsibilities associated with the properties. For example, if the property owners were to apply for a permit, the Washington State Department of Fish and Wildlife would have permit authority and not the City of Edmonds. The DNR would also have permit authority, as would the National Ocean and Atmospheric Administration (NOAA), which would coordinate with the Natural Marine Fisheries Services. Each of these agencies have different permitting requirements. Only the City of Edmonds implements the SMP and the zoning, but the DNR has a tideland lease. Board Member Rubenkonig asked if the DNR would find the proposed change suitable to its mission, and Mr. Lien answered affirmatively. He said he has had numerous conversations with representatives from the DNR over the years as the site has deteriorated. Board Member Rubenkonig asked when the last time the property was commercially viable. Mr. Lien answered that he does not believe there was a commercial operation going on in 2008 when the property owners last applied for a Shoreline Permit. Board Member Rubenkonig asked what is stopping the site from being commercially viable. Mr. Lien explained that the property owners have not secured access from Burlington Northern Santa Fe, so there is no safe crossing across the tracks to the subject parcels. The location is another factor. Board Member Rubenkonig recalled that there were viable businesses on the properties at one point in time. Board Member Rubenkonig asked if the owners would be compensated if the properties are rezoned. Mr. Lien said the structure is non -conforming now, and it would remain non -conforming if the proposed amendment is approved. Therefore, the proposed Comprehensive Plan amendment and subsequent rezone would not really change what is allowed to be there. He further explained that under the current SMP, a covered, over -water structure would not be allowed and the use would be considered non -conforming, as well. If a non -conforming use ceases to exist for a period of time, only conforming uses and structures would be allowed going forward. Board Member Rubenkonig summarized that the structure's commercial viability has been significantly reduced over the past decade. Mr. Lien emphasized that the structure was considered non- conforming under the previous SMP, which was adopted in 2000, so it has been non -conforming for the past 19 years. The intent is not to continue the non-conformance forever, but ultimately for the use to go away. Board Member Rubenkonig summarized her understanding that the proposed amendment would not take away from the property owners' ability to have a business, but they will have to jump through hoops to get it to be viable. This is no different than for any other business in Edmonds. Mr. Lien clarified that the structure can be maintained. However, he is not aware of any commercial activity at the site at this time. He read from the non -conforming section of the code that if a non- conforming use is discontinued for 6 consecutive months of for 12 months during any 2-year period, any subsequent use must be conforming. Board Member Monroe asked if structures could be built on the other properties under the Commercial Waterfront designation. Mr. Lien answered that the property owners would not be allowed to construct a building over the water now. The current SMP no longer allows covered structures over water. Board Member Monroe observed that the value of the properties was significantly reduced when the previous SMP was adopted in 2000. Mr. Lien said all he knows is that the structure was non -conforming when the City issued approval of a Shoreline Permit in 2008 under the old SMP that was adopted in 2000. At least since 2000, the structure type was not allowed and the existing structure was non -conforming. Board Member Monroe asked about the advantage of changing the Comprehensive Plan designation if the existing Mixed Commercial Use designation does not allow development, either. Mr. Lien said the purpose is to make the SMP and Comprehensive Plan consistent with each other. Board Member Monroe clarified that, in functionality, the proposed change would not cause any additional impacts that were not present in 2000. Mr. Lien concurred. Mr. Lien advised that the proposed amendments will come back to the Board for a public hearing in March. REVIEW OF EXTENDED AGENDA Chair Cheung reviewed that the February 13t1i agenda will include a continued discussion on the Wireless Facilities Ordinance for small cell standards. Planning Board Minutes January 23, 2019 Page 4 Packet Pg. 33 9.A Planning Board Agenda Item Meeting Date: 04/10/2019 Review Planning Board Extended Agenda Staff Lead: N/A Department: Planning Division Prepared By: Diane Cunningham Background/History N/A Staff Recommendation N/A Narrative The extended agenda will be reviewed at the meeting. Attachments: 04-05-2019 PB Extended Agenda Packet Pg. 34 OY F.➢M N FLAMM BOARD ARDD 7911 Extended Agenda April 5, 2019 Meeting Item 9.A.a Items and Dates are subject to change APRIL, ZU19 April 1. Public Hearing on Comp. Plan Map change for the Haines 10 Wharf area from Mixed -Use Commercial to Open -space. April 1. VISION 2050 Update 24 MAY, 2019 May 1. Legislative Update 8 May 1. 22 TUNE, 2019 June 1. 12 June 1. 26 IDLY, 2019 July 1. 10 July 1. 26 a Packet Pg. 35 items ana liates are 9.A.a to change Pending 1. Community Development Code Re -Organization 2019 2. Further Highway 99 Implementation, including: ✓ Potential for "urban center" or transit -oriented design/development strategies ✓ Parking standards 3. Exploration of incentive zoning and incentives for sustainable development Current Priorities 1. Neighborhood Center Plans & implementation. 2. Highway 99 Implementation. Recurring 1. Election of Officers (V meeting in December) Topics 2. Parks & Recreation Department Quarterly Report (January, April, July, October) Packet Pg. 36