Ordinance 3955 Limit Office Uses.pdfORDINANCE NO. 3955
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS COMMUNITY
DEVELOPMENT CODE SECTION 16.43.020 RELATING
TO LIMITING CERTAIN OFFICE USES FROM
LOCATING IN BUSINESS SPACES ALONG
DESIGNATED GROUND FLOOR STREET
FRONTAGES WITHIN THE DOWNTOWN
BUSINESS 1 (BD1 - DOWNTOWN RETAIL CORE)
ZONE.
WHEREAS, the existing City of Edmonds, Washington Economic Development
Plan contains goals to foster a healthy business community that provides employment and
other economic opportunities, revitalization of the City's business districts, balancing
redevelopment, preservation and the need for consumer amenities, diversifying the tax
base and increasing revenues, as well as strengthening the quality of life and vitality of
the community for residents, workers and visitors to enjoy; and
WHEREAS, city or town downtown centers/districts typically promote compact,
pedestrian -oriented development with a diverse mix of business, commercial,
entertainment, and other uses for workers, visitors, and residents; and
WHEREAS, Goal 2, Policy 2i of the Economic Development Plan states "Create
synergy for commercial businesses where possible, for example, by implementing a
"retail core" area in the downtown"; and
WHEREAS, the City's Comprehensive Plan has goals and policies which include
"define the downtown commercial and retail core along streets having the strongest
pedestrian links and pedestrian -oriented design elements, while protecting downtown's
identity" (pg. 45); and "....provide for a strong central retail core at downtown's focal
center while providing for a mixture of supporting commercial and residential uses in the
area surrounding this retail core...." (pg. 45); and
WHEREAS, currently the ECDC allows the ground floor of buildings along
designated commercial street frontages within the BD Zone to be used for commercial
purposes other than those tied to retail, eating and drinking establishments, theaters and
cultural facilities; and
WHEREAS, the City Council approved in year 2011, new commercial depth
requirements of 45 feet along commercial street frontages within Edmonds' Downtown
Zones; and
1
WHEREAS, in 2011, the Council requested a review of a proposal to limit certain
office uses along street frontages of the BD Zone; and more specifically within business
spaces located within the first 45 feet of commercial street frontages of BD Zones
measured from public rights-of-way; and
WHEREAS, the City held two (2) downtown community meetings with property
owners in 2013 regarding a proposal to limit certain office uses along commercial street
frontages within the BD 1 Zone and provided many opportunities for the involvement of
private, public agencies, civic, education, and other community and interested groups
during the review process which took place in 2011, 2012 and 2013; and
WHEREAS, the Edmonds Planning Board and City Council held public
workshops and public hearings in 2013 during which the they received and considered
written and oral comments; and
WHEREAS, there is a desire to create an active thriving downtown commercial
core that serves as the City's primary gathering place for greater social interaction; create
a compact assembly of storefronts housing a mix of uses, short walkable blocks, and
pedestrian amenities; create a place that represents a unique, attractive, and memorable
destination for visitors and residents; and strengthen opportunities for economic vitality
and support pedestrian activity; and
WHEREAS, this ordinance is intended to preserve and strengthen the distinctive
character and charm of downtown Edmonds by providing improved opportunities for
retail/entertainment oriented establishments to cluster for the convenience of the public
and to create mutually beneficial business relationships thereby creating a dedicated area
for "destination retail/entertainment"; and
WHEREAS, the City Council introduced this ordinance at its meeting of January
21, 2014;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Section 16.43.020 of the Edmonds City Code, entitled "Uses," is
hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by
this reference as if set forth in full (new text shown in underline; deleted text shown in s4ike
Section 2. Effective Date. This ordinance, being an exercise of a power
specifically 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.
ATTEST/AI.J"i" IEN"PICA"I' l:.)�:
(, Y CLERK, S " 'T PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY:
Jeffrey 1.. Taraday, City Ate ey
FILED WITH THE CITY CLERK: 01-17-2014
PASSED BY THE CITY COUNCIL: 01-21-2014
PUBLISHED: 01-26-2014
EFFECTIVE DATE: 01-31-2014
ORDINANCE NO. 3955
3
r
R
VID O. EARLING
SUMMARY OF ORDINANCE NO.
3955
of the City of Edmonds,
Washington
.On the 21" day of January, 2014, the City Council of the City of Edmonds,
passed Ordinance No. 3955. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.43
RELATING TO LIMITING CERTAIN OFFICE USES FROM LOCATING IN BUSINESS
SPACES ALONG DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN THE
DOWNTOWN BUSINESS 1 (BD1 - DOWNTOWN RETAIL CORE) ZONE..
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of January, 2014.
CITY CLERK: SCOTT PASSEY
4
Attachment A
16.43.020 Uses.
A. Table 16.43-1.
Permitted Uses
BD1
BDII
I GFSF(')
BD2
BD3
BD4
BD5
Commercial Uses
Retail stores or sales
A
A
A
A
A
A
Offices
A
X
A
A
A
A
Legal/Law Firms
A
X
Financial
A
X
Advising
A
X
_X
Mortgage
A
Banks (without tellers)
A
X
Accounting
A
X
Counselinq
A
X
Architecture
A
X
Enaineerinq
A
X
Advertising
A
i
Insurance
A
X
Fitness related business (yoga/pilaLe/,qymffitness dubj
Tk
X
Service uses
A
A (2)
A
A
A
A
Retail sales requiring intensive outdoor display or storage
areas, such as trailer sales, used car lots (except as part
of a new car sales and service dealer), and heavy
equipment storage, sales or services
X
X
X
X
X
X
Enclosed fabrication or assembly areas associated with
and on the same property as an art studio, art gallery,
restaurant, microbreweries/distilleries or food service
establishment that also provides an on-site retail outlet
open to the public
A
A
A
A
A
A
Automobile sales and service
X
X
A
A
X
X
Dry cleaning and laundry plants which use only
nonflammable and nonexplosive cleaning agents
C
X
A
A
A
Printing, publishing and binding establishments
C
X
A
A
A
C
Public markets licensed pursuant to provisions in Chapter
A
A
A
A
A
A
4.90 ECC''
Residential
Single-family dwelling
A
X
A
A
A
A
Multiple dwelling unit(s) — must be located on second floor
or bahnd first d5 fas=t from sidewalk or rights of way.
A
LX
A
A
A
A
Other Uses
Bus stop shelters
A
A
A
A
A
A
Churches, subject to the requirements of ECDC
17.100.020
A
A
A
A
A
A
Primary and high schools, subject to the requirements of
ECDC 17.100.050(G) through (R)
A
X
A
A
A
A
Local public facilities, subject to the requirements of
ECDC 17.100.050
C
C
C
C
A
C
Neighborhood parks, natural open spaces, and
community parks with an adopted master plan subject to
the requirements of ECDC 17.100.070
A
A
A
A
A
A
Off-street parking and loading areas to serve a permitted
use
B
X
B
B
B
B
Commuter parking lots in conjunction with a facility
otherwise permitted in this zone
B
X
B
B
B
X
Commercial parking lots
C
X
C
C
C
X
Wholesale uses
X
X
X
C
X
X
Hotels and motels
A
A
A
A
A
A
Amusement establishments
C
C
C
C
C
C
(Auction businesses, excluding vehicle or livestock
X
auctions
C
C
C
C
C
Drive-in/through businesses (businesses with drive
through facilities)
X
X
C
A
C
X
Laboratories
X
X
C
C
C
X
Fabrication of light industrial products not otherwise listed
as a permitted use
X
X
X
C
X
X
Day-care centers
C
X
C
C
A
C
Hospitals, health clinics, convalescent homes, rest
homes, sanitariums
X
X
C
C
A
X
Medical uses e.g.,,
A
X
Physicians
A
X
Dental
A_
X
Optometrist (without retail)
A_
X
Physical Therapy (without retail)
A
X
Counselinq
A
X
Other similar medical services
A
X
Museums and art galleries of primarily local concern that
do not meet the criteria for regional public facilities as
defined in ECDC 21.85.033
A
A
A
A
A
A
Zoos and aquariums of primarily local concern that do not
meet the criteria for regional public facilities as defined in
ECDC 21.85.033
C
X
C
C
C
A
Counseling centers and residential treatment facilities for
current alcoholics and drug abusers
X
X
C
C
A
X
Regional parks and community parks without a master
plan subject to the requirements of ECDC 17.100.070
C
C
C
C
C
C
Outdoor storage, incidental to a permitted use
D
X
D
D
D
D
Aircraft landings as regulated by Chapter 4.80 ECC
X
X
D
D
FDJ
D
A = Permitted primary use
B = Permitted secondary use
C = Primary uses requiring a conditional use permit
D = Secondary uses requiring a conditional use permit
X = Not permitted
NOTES:
(1) BD1 Zone GFSF = Ground Floor Designated Street Fronta efirst 45 feet
measured from public rights of way/sidewalk or parks/plazas) as defined under,
Edmonds Communit Development Code Map 16.43-1: Designated Street Front
for BD Zones. Buildinas set back 15 feet or more from the sidewalk shall not be
subject to the BD1 Zone GFSF re uirements,.
(2) Services - by appointment uses not providing open door
retail/dininq/entertainment functions as a primarycomponent of the business are
not allowed within BD1 GFSF first 45 feet .Oen door businesses e,q., real
estate offices. banks (with tellers and no drive throuahs), nail and hair salons are
For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal
meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the
following criteria are met:
1. Access and Parking. Pedestrian access shall be provided from the sidewalk.
Vehicular access shall only be provided consistent with ECDC 18.80.060. When a
curb cut is necessary, it shall be landscaped to be compatible with the pedestrian
streetscape and shall be located and designed to be as unobtrusive as possible.
2. Design and Landscaping. The project shall be designed so that it is oriented to
the street and contributes to the pedestrian streetscape environment. Fences more
than four feet in height along street lot lines shall only be permitted if they are at
least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged,
and when unavoidable due to the nature of the use shall be decorated by a
combination of at least two of the following:
a. Architectural features or details;
b. Artwork;
c. Landscaping. [Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Aft. 1), 2013; Ord. 3894
§ 4, 2012; Ord. 3700 § 1, 2008].
16.43.020.6
Exception to the BD1 GSFS - The owner of a building in the BD1 zone may apply for an
exception from the restrictions on offices and medical uses within the designated street
front for leasable space meeting all of the following criteria.
1. The space is less the 500 square feet;
2. The space does not contain direct access to the street or sidewalk -
3. The previous use was a nonconforming use e.g. not retail); and
4. The space has been vacant for a period of more than six months.
E3
Everett Daily Herald
Affidavit of Publication
STATE OF WASHINGTON }
COUNTY OF SNOHOMISH } SS
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 is a true copy of City
Ordinances - Ordinance Summaries 3955-
3959 540131
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:
1 issue(s), such publication commencing on
01/26/2014 and ending on 01/26/2014 and
that said newspaper was regularly distributed
to its subscribers during all of said period.
The amount of the fee for such publication is
$ 79.12
r
Skibscribed and sworn before me on this
20711
nday oQ� _
Noublkin �andfor tlTc Stine et 1"
Washington, residing at Everett, Snohomish
County.
City of Edmonds EDH 101416 - PO: ORD 3955-3959
ORDERED BY: LINDA HYND
ORDINANCE NO. 3959
AN ORDINANCE OF THECITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE
RELATING TO CONFIRMATION OF CERTAIN MAYORAL
APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03
OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE
ASSISTANTS TO THE CITY COUNCIL AND MAYOR
The full tet of any Ordinance will be mailed upon request. Dated
this 22ND ay of January, 2014.
CITY CLERK, SCOTT PASSEY
Published: January 26, 2014.