20110915150503237.pdf0006.90000
WSS/gjz
4/23/04
ORDINANCE NO. 3498
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING FINDINGS OF FACT AND
CONCLUSIONS, OF LAW, REZONING CERTAIN PROPERTY
LOCATED AT 23904 EDMONDS WAY FROM SINGLE-
FAMILY RESIDENTIAL (RS -8) TO COMMUNITY BUSINESS
(BC), AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, certain real property located at 23904 Edmonds Way has applied to
be rezoned from Single -Family Residential (RS -8) to Community Business (BC), and
WHEREAS, the City Council has received the favorable recommendation of its
Planning Board, and
WHEREAS, following closed record review of the Planning Board's
recommendation on April 20, 2004, the City Council finds it to be in the public interest to
approve said rezone, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the following findings of fact and
conclusions of law:
1.1 The subject property is located at 23904 Edmonds Way. It
consists of approximately 9,148 square feet fronting on Edmonds
Way. The property is developed as an auto repair shop and is
considered to be and has been operating as a legal non -conforming
use for over 30 years. The site is currently zoned RS -8.
1.2 Edmonds Way in the vicinity of the project consists of RM -
1.5 zoned properties, interspersed with occasional commercially
zoned properties. Two properties zoned BC are located within
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approximately 800 feet of the subject site north of 238th Street SW.
Other properties along Edmonds Way are generally developed with
multi -family residential units with an occasional small-scale
commercial use.
1.3 Properties to the west and south are generally zoned RM -
1.5 and consist of single-family and multi -family residential units.
1.4 The properties east of the subject site are mostly zoned RS -
8 and developed in single-family residences with a large church.
1.5 A business has been located at the subject site since 1963
and the City Council finds that the property does not contribute
significantly to the high volume of traffic already utilizing
Edmonds Way. The property is also adequately buffered from
surrounding uses.
1.6 The City Council specifically finds that the proposal is
consistent with the Comprehensive Plan and zoning ordinance.
While normally either the BP or BN zones would be available as
alternatives for this property, neither zone would permit the
existing auto repair use and the City Council finds that the small
size of the site coupled with its ability to be buffered from
adjoining residential properties lessens any impacts on the
surrounding neighborhood and thereby makes the rezone
consistent with the general nature of Edmonds Way and
compatible with the surrounding area. The property is specifically
economically and physically suitable for use which has been in
operation on the site for over 30 years. The Comprehensive Plan
provides for a mix of uses including small-scale commercial uses
which do not significantly contribute to the traffic congestion
along the Edmonds Way corridor. Such owner use is consistent
with the policies which presume a public benefit and an avoidance
of negative impacts on the surrounding properties.
Section 2. Property located at 23904 Edmonds Way, Edmonds, Washington
consisting of 9,148 square feet and legally described in both the attached Exhibit A and File No.
R-03-189 is hereby approved to be rezoned from RS -8 Single -Family Residential to Community
Business (BC).
Section 3. The Development Services Director or his designee is hereby
authorized to amend the City's official zoning map to show this change in zoning.
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Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
MAY R G HAAKENSON
1.
ATTEST/AUTHENTICATED :
LERK, SANDRA
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/30/2004
PASSED BY THE CITY COUNCIL: 05/04/2004
PUBLISHED: 05/09/2004
EFFECTIVE DATE: 05/14/2004
ORDINANCE NO. 3498
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SUMMARY OF ORDINANCE NO. 3498
of the City of Edmonds, Washington
On the 4th day of May, 2004, the City Council of the City of Edmonds, passed
Ordinance No. 3498. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, REZONING CERTAIN PROPERTY LOCATED
AT 23904 EDMONDS WAY FROM SINGLE-FAMILY RESIDENTIAL (RS -8) TO
COMMUNITY BUSINESS (BC), AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of May, 2004.
CITY CLERK, SANDRA S. CHASE
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SWLY OF S/HY
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3498
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
May 09, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 10th
day of May, 200461
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Account Name: City of Edmonds Account Number: 101416 Order Number: 0001164377