Chapter 20.11 GENERAL DESIGN REVIEW

Chapter 20.11
GENERAL DESIGN REVIEW

Sections:

20.11.010 Review procedure – General design review.

20.11.050 Lapse of approval.

20.11.010 Review procedure – General design review.

A. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA). All other developments may be approved by staff according to the requirements of ECDC 20.95.040 (Staff decision – No notice required). When design review is required by the ADB, the staff shall review the application as provided in ECDC 20.95.030, and the director of development services – or his designee – shall schedule the item for a meeting of the ADB. The role of the ADB shall be dependent upon the nature of the application as follows:

1. The ADB shall conduct a public hearing for the following types of applications:

a. Applications that are not subject to project consolidation as required by ECDC 20.90.010(B)(2).

b. Applications that are subject to project consolidation as required by ECDC 20.90.010(B)(2) but in which the ADB serves as the sole decision-making authority.

c. Applications that are subject to project consolidation as required by ECDC 20.90.010(B)(2) but in which all decision-making authority is exercised both by staff, pursuant to this chapter and Chapter 20.13 ECDC, and by the ADB. The ADB shall act in the place of the staff for these types of applications.

2. The ADB shall review a proposed development at a public meeting and make a recommendation to the hearing examiner to approve, conditionally approve, or deny the proposal for projects subject to project consolidation under ECDC 20.90.010(B)(2) that are not subject to a public hearing by the ADB under subsection (A)(1) of this section. The hearing examiner shall subsequently hold a public hearing on the proposal.

3. The ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall approve, conditionally approve, or deny the proposal. The ADB or hearing examiner may continue its public hearing on the proposal to allow changes to the proposal, or to obtain information needed to properly review the proposal. See ECC 3.13.090 regarding exemptions from review required by this chapter.

4. Notwithstanding any contrary requirement, for a development in which the city is the applicant, the action of the ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this section shall be a recommendation to the city council.

B. Notice. Public notice by mail, posting or newspaper publication shall only be required for applications that are subject to environmental review under Chapter 43.21C RCW, in which case notice of the hearing shall be provided in accordance with Chapter 20.91 ECDC. [Ord. 3636 § 2, 2007].

20.11.020 Findings.

The board shall make the following findings before approving the proposed development:

A. Criteria and Comprehensive Plan. The proposal is consistent with the criteria listed in ECDC 20.11.030 in accordance with the techniques and objectives contained in the urban design chapter of the community culture and urban design element of the comprehensive plan. The city has the obligation to provide specific direction and guidance to applicants. The urban design chapter has been adopted to fulfill the city's obligations under Washington State case law. The urban design chapter shall be used to determine if an application meets the general criteria set forth in this chapter. In the event of ambiguity or conflict, the specific provisions of the urban design chapter shall control.

B. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome only by clear and convincing evidence. [Ord. 3636 § 2, 2007].

20.11.030 Criteria.

A. Building Design. No one architectural style is required. The building shall be designed to comply with the purposes of this chapter and to avoid conflict with the existing and planned character of the nearby area. All elements of building design shall form an integrated development, harmonious in scale, line and mass. The following are included as elements of building design:

1. All exterior building components, including windows, doors, eaves, and parapets;

2. Colors, which should avoid excessive brilliance or brightness except where that would enhance the character of the area;

3. Mechanical equipment or other utility hardware on the roof, grounds or buildings should be screened from view from the street level;

4. Long, massive, unbroken or monotonous buildings shall be avoided in order to comply with the purposes of this chapter and the design objectives of the comprehensive plan. This criterion is meant to describe the entire building. All elements of the design of a building including the massing, building forms, architectural details and finish materials contribute to whether or not a building is found to be long, massive, unbroken or monotonous.

a. In multifamily (RM) or commercial zones, selections from among the following or similar features are appropriate for dealing with this criterion:

i. Windows with architectural fenestration;

ii. Multiple rooflines or forms;

iii. Architecturally detailed entries;

iv. Appropriate landscaping;

v. The use of multiple materials;

5. All signs should conform to the general design theme of the development.

B. Site Treatment. The existing character of the site and the nearby area should be the starting point for the design of the building and all site treatment. The following are elements of site treatment:

1. Grading, vegetation removal and other changes to the site shall be minimized where natural beauty exists. Large cut and fill and impervious surfaces should be avoided.

2. Landscape treatment shall be provided to enhance the building design and other site improvements.

3. Landscape treatment shall be provided to buffer the development from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color.

4. Landscaping that could be damaged by pedestrians or vehicles should be protected by curbing or similar devices.

5. Service yards, and other areas where trash or litter may accumulate, shall be screened with planting or fences or walls which are compatible with natural materials.

6. All screening should be effective in the winter as well as the summer.

7. Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in areas unsuitable for plant growth.

8. Exterior lighting shall be the minimum necessary for safety and security. Excessive brightness shall be avoided. All lighting shall be low-rise and directed downward onto the site. Lighting standards and patterns shall be compatible with the overall design theme.

C. Other Criteria.

1. Community facilities and public or quasi-public improvements should not conflict with the existing and planned character of the nearby area.

2. Street furniture (including but not limited to benches, light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs and signals, guardrails, rockeries, walls, mail boxes, fire hydrants and garbage cans) should be compatible with the existing and planned character of the nearby area. [Ord. 3636 § 2, 2007].

20.11.040 Appeals.

A. All design review decisions of the hearing examiner are appealable to the city council as provided in ECDC 20.105.040(B) through (E).

B. All design review decisions of the ADB are appealable to the city council as provided in ECDC 20.105.040(B) through (E) except that all references to the hearing examiner in ECDC 20.105.040(B) through (E) shall be construed as references to the ADB.

C. Persons entitled to appeal are (1) the applicant; (2) anyone who has submitted a written document to the city of Edmonds concerning the application prior to or at the hearing identified in ECDC 20.11.010; or (3) anyone testifying on the application at the hearing identified in ECDC 20.11.010. [Ord. 3636 § 2, 2007].

20.11.050 Lapse of approval.

A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or, if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the ADB's or hearing examiner's minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction.

B. Time Extension.

1. Application. The applicant may apply for a one-time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension.

2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee.

3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as provided in ECDC 20.95.040 (Staff decision – No notice required). [Ord. 3636 § 2, 2007].