Ord 3134.pdf0006.900000
WSS/rin
01/29/97
01/30/97gjz
ORDINANCE NO. 3134
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDMONDS TO CHANGE THE ZONING
DESIGNATION OF CERTAIN REAL PROPERTY LOCATED
ADJACENT TO STATE ROUTE 104 WITHIN AN AREA OF
THE CITY KNOWN AS THE WESTGATE CORRIDOR AND
DEFINED HEREIN FROM SINGLE-FAMILY RESIDENTIAL
(RS -6) AND MULTI -FAMILY RESIDENTIAL (RM -2.4) TO
PLANNED BUSINESS (BP), AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds Planning Board at a series of public hearings
considered amendments to the official zoning map related to the Westgate area adjacent to State
Route 104 and has made recommendations and findings which were forwarded to the City
Council, and
WHEREAS, the City Council after a public hearing reviewed the recommendation
of the Planning Board and has determined that the proposed amendment should be approved
according to the following findings of fact and conclusions:
1. The area in question lies adjacent to State Route 104, an
area of busy vehicular traffic and commercial activity
which creates noise and other negative impacts to adjacent
residential property.
2. Continuing change in the neighborhood has depressed the
value of the subject sites as residential properties, and the
value of the properties being greater as commercial
properties.
153099 -1-
3. Other commercial properties, both grandfathered and
appropriately zoned are located in the Westgate corridor
adjacent to these subject sites.
4. There are no significant environmental impacts associated
with the rezone which cannot be appropriately mitigated.
5. Based upon the preceding findings, the City Council
concludes that the proposal is consistent with the
Comprehensive Plan, that the relationship of the existing
zoning with the property has significantly changed and
justifies a rezone, the property is economically and
physically best suited for the uses permitted under the
planned business zone and that the relative gain of the
public health, safety and welfare from the rezone would be
increased commensurate with the value of the property.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The official zoning map of the City of Edmonds as adopted by Section
17.00.010 of the Edmonds Community Development Code is hereby amended to change the
zoning classification for certain property described on the attached Exhibit A from RS -6 (single-
family residential --6,000 sq. ft.) and RM -2.4 (multi -family residential --2,400 sq. ft.) to Planned
Business (BP). The legal description of the property to be rezoned is set forth in the attached
Exhibit A, incorporated by this reference as if set forth in full.
Section 2. The Planning Director is hereby instructed to effectuate the necessary
amendments to the official zoning map of the City of Edmonds pursuant to this ordinance.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
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such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. The City Council hereby declares that an emergency
exists necessitating that this ordinance take effect immediately upon passage by unanimous vote
of the members of the City Council.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST/AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY MERK: 02/28/97
PASSED BY THE CITY COUNCIL: 03/04/97
PUBLISHED: 03/09/97
EFFECTIVE DATE: 03/14/97
ORDINANCE NO. 3134
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LEGAL DESCRIPTION FOR REZONE R-95-140
SR -104 corridor
Those portions of the southwest quarter of Section 25, Township 27 North,
Range 3 East, W.M.; described as follows:
Lots 4 and 5 of Pinestone, as recorded in Volume 46 of plats, Page 226,
Records of Snohomish County, Washington;
Lots 1,2,3, and 8 of Bel Aire Division A, as recorded in Volume 19 of plats,
Page 106, Records of Snohomish County, Washington; except that portion
within the right-of-way of State Route 104;
Commencing at the northeast corner of the southwest quarter of the
southwest quarter of said Section 25; thence N 88032'07" W along the
north line of said subdivision 319.5 feet to the point of beginning; thence
S 391105'00" E a distance of 405.97 feet; thence N 50055'00" E 76.2 feet
more or less to a point of intersection with the easterly line of said
subdivision; thence S 1 011'36" W along said easterly line to its intersection
with the northeasterly right-of-way margin of State Route 104; thence
N 39005'55" W along said margin and the northeasterly right-of-way margin
of Paradise Lane to its intersection with the north line of said subdivision;
thence S 881,32'07" E along said line 197.4 feet to the point of beginning.
Except that portion within the right-of-way of State Highway SR -104.
That portion of the east half of the west half of the southwest quarter of
said Section 25 lying southerly of the southwesterly right-of-way margin of
Paradise Lane and northerly of the northeasterly right-of-way margin of
State Highway SR -104.
That portion of the southeast quarter of the southwest quarter of said
Section 25 lying southwesterly of the southwesterly right-of-way margin of
State Highway SR -104 and northeasterly of the toe of a slope described by
the following described line:
Commencing at the southwest corner of said subdivision; thence
northerly along the west line of said subdivision 300.01 feet to the
southeast corner of Lot 19, Westgate Estates, as recorded in Volume
20 of plats, Page 121, records of Snohomish County, Washington,
being the point of beginning of the line herein described; thence
southeasterly to a point on the south line of said subdivision lying
185.67 feet east of the southwest corner of said subdivision, being the
terminus of the line herein described.
R95140.DOC C.'(&O
SUMMARY OF ORDINANCE NO. 3134
of the City of Edmonds, Washington
On the 4th day of March , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3134 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING
DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ADJACENT TO STATE
ROUTE 144 WITHIN AN AREA OF THE CITY KNOWN AS THE WESTGATE CORRIDOR
AND DEFINED HEREIN FROM SINGLE-FAMILY RESIDENTIAL (RS -6) AND MULTI-
FAMILY RESIDENTIAL (RM -2.4) TO PLANNED BUSINESS (BP), 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 March , 199_
CLERK,CITY D•. S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOD61ISH, J}
SUMMARY OF ORDINANCE NO. 3134
Of the City of Edmonds, Washington
the 4th day of March, 1997, the City Council of the City of
nds, passed Ordinance No. 3134. A summaryof the
nt of said ordinance, consisting of the title, provides as
Is:
RDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
(DING THE OFFICIAL ZONING MAP OF THE CITY OF
)NDS TO CHANGE THE ZONING DESIGNATION OF
AIN REAL PROPERTY LOCATED ADJACENT TO STATE
rE 104 WITHIN AN AREA OF THE CITY KNOWN AS THE
t-IMNU A TIME WHEN THE SAME SHALL BECOME �PFEC-
TVE.
The full lext of this ordinance will be mailed upon request.
DATED this 5th day of March, 1997.
SANDRA S. CHASE
City Clerk
Exhibit A
LEGAL DESCRIPTION FOR REZONE R-95-140
SR -104 corridor
Those portions of the southwest quarter of Section 25,
Township 27 North, Range 3 East, W.M.; described as follows:
Lots 4 and 5 ofPinestone, as recorded in. Volume 46 of
ipptats, Page 226, Records of Snohomish County,
Washin ton;
Lots 1,2,3, and 8 of Bel Aire Division. A, as recorded in
Volume 19 of plats, Page 106, Records of Snohomish
`
County Washington; except that portion within the right-of-
way of State Route 104; -
Commencing at the northeast corner of the southwest
quarter of the southwest quarter of said Section 25; thence
N 88°32'07" W along the north line of said subdivision
319.5 feet to the point of beginning, thence S 39°05'00" E a
distance of 407 feet; thence N 50°55'00" E 76.2 feel
more or Te"1.4
s t5.9
o a point of intersection with the easterly line
of said subdivision; thence S 1°11'36" W along said
easterly line to its intersection with the northeasterly right -
O! -way margin of State Route 104; thence. N 39°05 55 W
along said margin and the northeasterly right-of-wayy margin
said asubdlvisfon; thence intersection 8 3 7 withthe
talonggprsaid line
jI 197,4 feet to the point of beginning. Except, that portion
IIwithin the righC-ot-way of Slate Highway SR -104.
That portion of the east hall of the west half of the
southwest quarter of said Section 25 lying southerly of the
southwesterly right-of-way margin of Paradise Lane and
northerly of the northeasterly right-of-way margin of Slate
Highway SR -104.
That portion of the southeast quarter of'the southwest
southweSterlyridghso way margin of Stale Highway SR -104
and northeasterly of the toe of a slope described by the
following described line: '
Commencing at the southwest corner of said
subdivsubdivision` thence 300.01 feet torltyhetsoutheast corner ofsLo
19 Westgate Estates, as recorded in Volume 20 of
plats,: Page 121, records of Snohomish County,
Washington, being the point of beginning of the line
herein described; thence southeaster)y to a point on
the south line of said subdivision lying 185.67 feel east
Of the southwest corner of said subdivision, being the
Published: March 9, 199781n described.
B - 2 - I
1 • 1
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 --------------------- - ........ .........
Summary of Ordinance ................................................ .. ................
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:
March 9, 1997
.........................................................................................._...-...-...........................---•--
--.-....._}...........................................�........_.-....._............._........................................
and thdt said newspaper w�regularfy--distributed to its subscribers
fur- njz all of said period. ,
...........................................
Principal Clerk
Subscribed and sworn to before me this
10th
dayf .......Mar .........................................• ....., 19.9.7....
No Public in and for th Stat of Washington,
residing at Everett, Snoho ish unty.
IXOTAR�,