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13. Prior to the issuance of building permit, the Applicant is required to submit an <br />elevation certificate that establishes the existing site elevation prior to <br />construction and the finished floor elevation at completion of construction. The <br />first floor elevation must be a minimum of two feet above th3 base of the flood <br />elevation. (exhibit 1, staff report) <br />14. With Shoreline Permits, an element of review is the provision of public access <br />and the extent allowed by law for such access. Because the proposed project is <br />an industrial use and the surrounding uses are also of industrial nature, public <br />access to the shoreline is limited. The subject property is narrow with much of <br />the parcel being below the OHWM in the Aquatic Conservancy designated area. <br />This physical feature, along with the proposed heavy industrial use, does not <br />encourage public access along the entire shoreline. Originally, the City <br />recommended that shoreline access be provided along the east end of the <br />subject property with a pathway extending to a point approximately 30 feet from <br />the Snohomish River. (exhibit 1, staff report) <br />However, at the public hearing after testimony of the Applicant, the Applicant's <br />representatives, and representatives of the public, the City agreed that the <br />proposed pathway on the eastern edge of the subject property would be <br />problematic for the operation of the industrial use. It would potentially impose <br />safety hazards to the public using the path, especially if the public did not stop at <br />the end of the path and continued to walk down to the river. Sensitive areas <br />would be disrupted. Further, if the pedestrians on the path wandered onto the <br />industrial property and operations, their physical safety would be impaired. <br />Because of this testimony, the City recommended that no direct public access <br />was required and instead, the Applicant should pay into a fund in lieu of providing <br />direct public access. (Jimerson testimony; Brooks testimony; McClean <br />testimony; exhibit 1, staff report) Public comments support the City's revised <br />approach. (Toepel testimony; McGafferty testimony) <br />15. In lieu of providing public access to the shoreline via a trail on the eastern <br />boundary of the site, the City recommended that the Applicant provide a 2% <br />contribution of the value of the proposed project for pedestrian improvements in <br />the area. In the City of Everett, roads and railroads along public shoreline areas <br />must provide for safe pedestrian and bicycle circulation through the shoreline. <br />The only road to service the subject property is Ross Avenue, a narrow street <br />that carries industrial traffic. Ross Avenue does not accommodate pedestrian <br />traffic because there is no separation from the industrial vehicle travel lanes. The <br />City is planning to install pedestrian improvements on the north side of the <br />roadway, and the Applicant's 20o contribution would be used as part of these <br />improvements. (exhibit 1, staff report; Jimerson testimony) <br />16. As part of the Shoreline Permit review, the Applicant must provide, and the City <br />must review, the best available science when, identifying, evaluating, and <br />mitigating any impacts from the proposed development. The City is required to <br />5 <br />