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20110921103208804.pdfBEFORE THE EDMONDS CITY COUNCIL Application of Dr. Robert Suchert File No. R �-6-88 and CDC -5-88 On February 4, 1992, the Edmonds City Council held a public hearing on the application of Dr. Robert Suchert to rezone approximately 5.26 acres located on the southwest side of Main Street, west of the Five Corners intersection from a single family residential -- 8,000 square feet (RS -8) to multi -family residential --medium density (RM -2.4) and to amend the Comprehensive Plan to reflect such charge. The Edmonds Planning Board had previously considered this matter on November 13, 1991. The Planning Board recommended denial of the requested Comprehensive Plan amendment and rezone. Based upon the evidence presented at the public hearing, the record and recommendation of the Planning Board, the Edmonds City Council hereby denies approval of the requested Comprehensive Plan amendment and rezone based upon the findings of fact and conclusions set forth below. FINDINGS OF FACT 1. The site is located at the southwest side of Main Street, west of the Five Corners intersection and contains approximately 5.26 acres. The property is currently designated as single family residential --8,000 square feet and is shown on the Comprehensive Plan as low density residential. 2. The area surrounding the site is predominantly single family residential. The area north of the site is developed in single family residential through a Planned Residential Development (PRD) and is zoned RS -8. The area south of the tract is developed in detached single family dwellings in an RS -8 zone along with undeveloped land zoned RM -2.4. East of the site, the area is zoned RS -8 and has been developed with attached townhouse units through _-: PRD. P_ small neighborhood commercial center with a grocery store and drug store and neighborhood business (BN) zoning. The area west of the site is developed with detached single family dwellings in an RS -8 zone. 3. Property was purchased by Dr. Suchert between 20 and 27 years ago. Dr. Suchert testified that the property was rezoned to RS -8 about 20 years ago. Dr. Suchert has held the property to develop himself and wishes to retire in the area. The property has never been offered for sale although Dr. Suchert has received numerous offers to purchase the property with the current RS zoning. -1- WSS14460.1X/0006.150.071 4. Testimony during the public portion of the hearing indicated concerns with traffic and drainage. SEPA review as well as traffic analysis conducted by the City Engineer and private traffic consultant indicated no significant impacts on the adjacent traffic system not subject to mitigation. SEPA review also found that if City drainage requirements are complied with, there should be no significant impact on drainage and run off. 5. Additional testimony from the public indicated that the surrounding neighborhood is primarily single family. Planned residential developments have been developed within single family zoning without increasing the densities permitted under City ordinance. No testimony was presented intending to indicate either a change in the neighborhood or in City policies which would have an impact on the neighborhood. CONCLUSIONS 1. The criteria of ECDC 20.40.010 have not been met. 1.1 While isolated multi -family units are scattered throughout, the general neighborhood retains the characteristics of a single family residential neighborhood. ECDC 20.40.010(C). 1.2 There has been no substantial change in either the neighborhood nor adopted City policy intending to support the rezone or Comprehensive Plan amendment. ECDC 20.40.010(D). 1.3 The only fact offered in favor of the rezone is that the property remains undeveloped. ECDC 20.40.010. There was no testimony indicating that Dr. Suchert could not make viable economic use of the property as it is currently zoned. His testimony was that he has received offers for the property as zoned and it remains undeveloped due to his desire to develop it himself. ECDC 20.40.010(E). 1.4 There is no evidence presented indicating a gain to the public from the rezone and the testimony of the public regarding surrounding neighborhoods indicates a negative impact due to increased density on the surrounding single family properties. ECDC 20.40.010(F). DECISION The application to rezone the property and amend the Comprehensive Plan is hereby denied. The applicant has failed to provide _2- WSS14460.1X/0006.150.071 sufficient evidence to sustain his burden of proof and the evidence which was presented indicates that the criteria of ECDC 20.40.010 have not been met. DATED this 0C)(h day of 1992. CITY OF EDMONDS MAYO LAURA HALL ATTEST/AUTHENTICATED: CYTY CLERK, RAONDA J. MARCH -3- WSS14460.lX/0006.150.071