Chapter 20.12
DISTRICT-BASED DESIGN REVIEW
Sections:
20.12.005 Outline of process and statement of intent.
20.12.010 Applicability.
20.12.020 Design review by the architectural design board.
20.12.030 Design review by city staff.
20.12.070 Design guidelines, criteria and checklist.
20.12.080 Appeals.
20.12.090 Lapse of approval.
20.12.005 Outline of process and statement of intent.
The architectural design board (ADB) process has been developed in order to provide for public and design professional input prior to the expense incurred by a developer in preparation of detailed design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit public and ADB input at an early point in the process while providing greater assurance to a developer that his general project design has been approved before the final significant expense of detailed project design is incurred. In general, the process is as follows:
A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the city. Staff shall schedule the first phase of the ADB hearing within 30 days of staff's determination that the application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that the public hearing shall be conducted in two phases. The entire single public hearing on the conceptual design shall be on the record. At the initial phase, the applicant shall present facts which describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall make factual findings regarding the particular characteristics of the property and shall prioritize the design guideline checklist based upon these facts, the provisions of the city's design guideline elements of the comprehensive plan and the Edmonds Community Development Code. Following establishment of the design guideline checklist, the public hearing shall be continued to a date certain requested by the applicant, not to exceed 120 days from the meeting date. The 120-day city review period required by RCW 36.70B.080 commences with the application for Phase 1 of the public hearing. The 120-day time period is suspended, however, while the applicant further develops their application for Phase 2 of the public hearing. This suspension is based upon the finding of the city council, pursuant to RCW 36.70B.080, that additional time is required to process this project type. The city has no control over the length of time needed or taken by an applicant to complete its application.
B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to permit the applicant to design or redesign his initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant has completed his design or redesign, he shall submit that design for final review. The matter shall be set for the next available regular ADB meeting date. If the applicant fails to submit his or her design within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has failed to comply with the requirements of the code and find that the original design checklist criteria approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 120-day review period and establish a new vesting date.
C. After completing the hearing process, the final detailed design shall be presented to the city in conjunction with the applicable building permit application. The city staff's decision on the building permit shall be a ministerial act applying the specific conditions or requirements set forth in the ADB's approval, but only those requirements. A staff decision on the building permit shall be final and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff's ministerial decisions on the building permit is allowed.
D. The process is schematically represented by the following flow chart:
[Ord. 3636 § 3, 2007].
20.12.010 Applicability.
A. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA) using the process set forth in ECDC 20.12.020. All other developments may be approved by staff using the process set forth in ECDC 20.12.030. When design review is required by the ADB under ECDC 20.12.020, 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. [Ord. 3636 § 3, 2007].
20.12.020 Design review by the architectural design board.
A. Public Hearing – Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.91.010. This notice may be combined with the formal notice of application required under ECDC 20.90.010, as appropriate.
1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district-specific design objectives contained in the comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis.
2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase 1 of the public hearing:
a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200-foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information.
b. Conceptual site plan(s) showing topography (minimum two-foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site.
c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements.
3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record.
4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria – and their relative importance – that will be applied to the project during the project's subsequent design review. In submitting an application for design review approval under this chapter, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing.
5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 1 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist.
6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered.
B. Continued Public Hearing – Phase 2.
1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing:
a. Conceptual site plan showing topography (minimum two-foot intervals), general layout of building, parking, streets and access, and proposed open space.
b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics.
c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants.
d. Conceptual building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s).
e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered.
f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB.
g. Optional: generalized building floor plans may be provided.
2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing.
3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.91 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal:
a. 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 by clear and convincing evidence.
b. Design Objectives. The proposal meets the relevant district-specific design objectives contained in the comprehensive plan.
c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under subsection (A) of this section. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis.
4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Edmonds Community Development Code.
C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff's determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public hearing) who formally requests notice as to:
1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020, and
2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord. 3636 § 3, 2007].
20.12.030 Design review by city staff.
A. Optional Pre-Application Meeting. At the option of the applicant, a pre-application meeting may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on a proposed development to assist the applicant in preparing an application for development approval. Submission requirements and rules of procedure for this optional pre-application meeting shall be adopted by city staff consistent with the purposes of this chapter.
B. Application and Staff Decision.
1. An applicant for design review shall submit information sufficient to evaluate how the project meets the criteria applicable to the project. Staff shall develop a checklist of submission requirements and review criteria necessary to support this intent. When design review is intended to accompany and be part of an application for another permit or approval, such as a building permit, the submission requirements and design review may be completed as part of the associated permit process.
2. In reviewing an application for design review, staff shall review the project checklist and evaluate whether the project has addressed each of the applicable design criteria. Staff shall enter the following findings prior to issuing a decision on the proposal:
a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the zoning ordinance, including the guidelines and standards contained in the relevant zoning classification(s).
b. Design Guidelines. That the proposal meets the relevant district-specific design objectives contained in the comprehensive plan.
When conducting its review, city staff shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. [Ord. 3636 § 3, 2007].
20.12.070 Design guidelines, criteria and checklist.
A. In conducting its review, the ADB shall use the design guidelines and design review checklist as contemporaneously adopted in the design guidelines.
B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district.
1. Criteria to be used in design review for the downtown Edmonds business districts (BD zones) located within the downtown/waterfront activity center as shown on the city of Edmonds comprehensive plan map include the following:
a. Design objectives for the downtown waterfront activity center contained in the Edmonds comprehensive plan.
b. (Reserved).
2. Criteria to be used in design review for the general commercial (CG and CG2) zones located within the medical/Highway 99 activity center or the Highway 99 corridor as shown on the city of Edmonds comprehensive plan map include the following:
a. Design standards contained in Chapter 16.60 ECDC for the general commercial zones.
b. Policies contained in the specific section of the comprehensive plan addressing the medical/Highway 99 activity center and Highway 99 corridor. [Ord. 3636 § 3, 2007].
20.12.080 Appeals.
A. Design review decisions by the ADB pursuant to ECDC 20.12.020(B) 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. These are the only decisions by the ADB that are appealable.
B. All design review decisions of the hearing examiner are appealable to the city council as provided in ECDC 20.105.040(B) through (E).
C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable to the extent that the applicable building permit or development approval is an appealable decision under the provisions of the ECDC. Design review by staff is not in itself an appealable decision.
D. 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 20.12.020(B); or (3) anyone testifying on the application at the hearing identified in ECDC 20.12.020(B). [Ord. 3636 § 3, 2007].
20.12.090 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 § 3, 2007].