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Ordinance 3919 Rezone 22133 76th Ave W.pdfORDINANCE NO. 3919 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO PARCELS LOCATED AT 22133 76" AVENUE WEST FROM CONTRACT GENERAL COMMERCIAL (CG) TO GENERAL COMMERCIAL (CG2) AND A PORTION OF 22121 76 T AVENUE WEST FROM MULTIPLE RESIDENTIAL (RM -2.4) TO GENERAL COMMERCIAL (CG2); AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of the Planning Board, which after an open -record public hearing on March 27, 2013, is recommending approval of a rezone of two parcels comprising 45,550 square feet, more or less, located at 22133 76" Avenue West from contract General Commercial (CG) to General Commercial (CG2) and a portion of 2212176 TH Avenue West from Multiple Residential (RM -2.4) to General Commercial (CG2); and WHEREAS, the City Council reviewed the minutes of the hearing before the Planning Board, which were attached to the council agenda memo as Exhibit 1; and WHEREAS, the City Council reviewed the Planning Division Advisory Report, Findings, Conclusions, and Recommendations dated March 19, 2013, which was attached to the council agenda memo as Exhibit 2; and WHEREAS, a closed -record hearing on the Planning Board's recommendation was held by the City Council on May 7, 2013; and -1- WHEREAS, this rezone will correct errors on the current zoning map and bring the subject parcels into better agreement with the surrounding parcels which were part of a City - sponsored area -wide rezone in 1995 (PLN19950143); and WHEREAS, the properties at 22133 and 22121 76th Avenue West are depicted in a zoning map dated December 2012, and included as Attachment 1 to the Planning Division Advisory Report, Findings, Conclusions, and Recommendations dated March 19, 2013; and WHEREAS, the Edmonds City Council agrees with the Planning Board's analysis that the proposed rezone is in the public interest and satisfies all applicable criteria of the Edmonds Community Development Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its findings and conclusions in support of the rezone effected by this ordinance, the City Council hereby adopts by reference the findings and conclusions contained in the Planning Division Advisory Report, Findings, Conclusions and Recommendations dated March 19, 2013 (File No. PLN20130008). Section 2. The two parcels located at 22133 76th Avenue W and the RM -2.4 - zoned portion of 22121 76th Avenue W, Edmonds, Washington and shown on the attached zoning map dated December 2012 (Exhibit A) are hereby rezoned from contract General Commercial (CG) to General Commercial (CG2) and Multiple Residential (RM -2.4) to General Commercial (CG2), respectively. Exhibit A attached hereto is hereby incorporated by this reference as if herein set forth in full. Section 3. The Development Services Director or his designee is hereby authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order -2- to properly designate the rezoned property as General Commercial (CG2) pursuant to Section 2 of this ordinance. 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. APP OVED: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: lT'Y CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: 05-03-2013 PASSED BY THE CITY COUNCIL: 05-07-2013 PUBLISHED: 05-12-2013 EFFECTIVE DATE: 05-17-2013 ORDINANCE NO. 3919 -3- SUMMARY OF ORDINANCE NO. 3919 of the City of Edmonds, Washington On the 7th day of May, 2013, the City Council of the City of Edmonds passed Ordinance No. 3919. 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 AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR TWO PARCELS LOCATED AT 22133 76TH AVENUE WEST FROM CONTRACT GENERAL COMMERCIAL (CG) TO GENERAL COMMERCIAL (CG2) AND A PORTION OF 22121 76TH AVENUE WEST FROM MULTIPLE RESIDENTIAL (RM -2.4) TO GENERAL COMMERCIAL (CG2); AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 8th day of May, 2013. CITY CLERK, SANDRA S. CHASE M Exhibit A See attached zoning map -5- 22133 and 22121 76th Ave. W Zoning and Vicinty Map PLN20130008 1 inch = 250 feet a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement forrn, in the regular and entire edition of said paper on the following days and times, namely: May 12, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. z Subscribed and sworn to before me this Affidavit of Publication STATE WASHINGTON Cel , COUNTY Y F° SNOHOMISH S.S. 0 Fq%3r1,'M1fP"t tit 71Htd"WW'Nd'Gf^1 v9,, Edr"N 39'9 i✓ u v*P If S 4 9 iE P,NlavrtmprF �A'l� iPrlxt Ntsrrw On ubvg A;aw Ec��d r ,dr �N n t;A, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of IAmIn,�aU L ar a ��e�9u oa v1 rv�¢uur�ry vs IW v'59Y,A rarptirepa+^y r�r tlke r teait.wtt nr,n �; rtrrr t,lir�. tur�r , r� rw.x psbEi uw� THE HERALD, a daily newspaper printed and published in the City ofEverett, County of LP; NUrFk4ror kb IVE dri tdtr t"Rry OF IF"�11�'r19�88J ,'WAS WIN, B�'o-N rru OPO INC11" PZ K Arta cx,)N l rn:tarns'S AND r'tPt*yret OW, Snohomish, and State of Washington; that said newspaper is a newspaper of general A,CHM w IN, 20rfl¢40 F C91 1"10 VAR rt` �L"�t^^�ttwf` AT 133 circulation in said County and State; that said newspaper has been approved as a legal 6r e�wALNU �a�E.;i1 FROM b l,JP11bt '".rr v 6•�IEt-t�k2.. riw�tsgr r¢F iru Rai E� M GENERAL o tt i;tuPts yra lAu, R,ra "V trdtt A t rPd OF ,2$21 IN8ES newspaper by order of the Superior Court of Snohomish County and that the notice a,Jdlr� %YYi M NLE N r1i»m?hP '6 rr&�t.E INII SIN rldV All r0 GENERAL a N"kMM rII(AAt ALITI-K)Rtl2 N a mj.P,4dblu i9?b r cw THE. (,'MY C*F(CW,. ZMUNG MAr AM) r'IYMIZ A lfhVb7NlF'dJr&iEN t,,j SAMA SHAH, BEC'VA,', Ie T r.C'�aiN dd this rcl 'MOMW lif dO'OII f aP�d w5 td'kil: r �� bebeIlleVVfu�q upon Ir9d,IIA!r S't,. Surrin gry of Cirdinapc,e No, 3919 _ -...._m. .� . ,.,. �._.__� .... ................ ........... ............-.--..."— 0A`,`Vf,'p 111 !� Frtlru rd by d J,,,% y, r;I�D rv'3, .. t iryc;lLm( Audf4l�td 15 r&iiSr II °u dlilodrllu or`VtN,�q^'N P;IN ^VNi iN,. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement forrn, in the regular and entire edition of said paper on the following days and times, namely: May 12, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. z Subscribed and sworn to before me this 13th da of May, ty 2013 i✓ u Notary Public in and for the State of ihr o on, rrt»orhdrurpt q *pW�tp61ya1wtu4Ep County_ Account Name: Cily of Edmonds Account Number. 101416 1 820379