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STF20100005 Zoning Confirmation Letter for SR 99 and 230th St SW.pdfFebruary 18, 2010 C,,11'"FY OFEIDMONDS GARY HAAKENSON MAYOR 121 5TH AVENUE NORTH ® EDMONDS, WA 98020 - 425-771-0220 - FAX 425-771-0221 Website: www.d.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Ms. Ellen Beeny O'Reilly Automotive, Inc. Real Estate Department 233 S. Patterson Springfield, MO 65802 RE: ZONING CONFIRMATION LETTER (FILE NO. STF20100005) PROPOSED LOCATION FOR O'REILLY AUTOMOTIVE, INC. LOCATED AT SOUTHEAST CORNER OF SR 99 & 230TH ST SW (TAX PARCEL #00576700001410) Dear Ms. Beeny: This letter is in response to your inquiry received by the Planning Division on February 10, 2010 regarding the property located in Edmonds at the southeast corner of the intersection of Highway 99 and 230`x' Street Southwest (Tax Parcel #00576700001410) as indicated in the map you provided with your request. The current zoning of the subject property is General Commercial (CG) pursuant to Edmonds Community Development Code (ECDC) Chapter 16.60. A zoning map is provided for your convenience as Attachment 1. Please refer to the attached copy of ECDC 16.60 (Attachment 2) for information on the allowed uses and applicable development regulations for the CG zone. Currently, ECDC 16.60 allows for a retail auto parts business as a permitted primary use within the CG zone. I hope this addresses your questions. If you have any further questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. Sincerely, Jennifer Machuga, Planner Development Services Department CITY OF EDMONDS Attachments: 1. Zoning and Vicinity Map 2. ECDC Chapter 16.60 (CG — General Commercial) In co rpo r cited AUqUSt ]], '1890 Sister City - Hekinan, Japan 228TH ST SW CO '=o Unincorporated Snohomish County ect - LU uw; wwwwNWwwxu WUWI01 IIwWIVIpU1111N01YI11gNV�NY4wN\WNI)N�@NINUIN114 ��� �wi�mwaaawnit4u"��O H 00 ® — 228TH ST SW CO '=o Unincorporated Snohomish County ect TH ST SW s w Q z LO r - sZoning and Vicinity Map, 0 100 200 400 "NTax Parcel No. 00576700001410 Feet N Attachment 1 230TH ST SW %i TH ST SW s w Q z LO r - sZoning and Vicinity Map, 0 100 200 400 "NTax Parcel No. 00576700001410 Feet N Attachment 1 2. Regional parks and community parks without a master plan subject to the require- ments of ECDC 17.100.070. [Ord. 3353 § ' 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1 2; Ord. 2283 § 6, 1982]. 16.55.020 Site development A. Table. Minimum Minimum Minimuml M mum Maximum Lot Area Lot Width Setbacks teli Coverage ') eight CW None None 15' landward 3(),2 None bulkheads f buildings; landward f bulk- heads parking Fifteen feet from lot lines adj ace to R zoned property. 2 Tanks which are part of a petr um products storage and distribu- tion facility are allowed to be feet in height. B. Signs, Parki and Design Review. See Chapters 17.50, 2 10 and 20.60 ECDC. C. Satellite T evision Antennas. Satellite television ante as shall be regulated as set forth in ECDC 6.20.050 and reviewed by the architectural esign board. [Ord. 2526 § 7, 1985]. 16.55.030 ' Operating restrictions. A. En osed Building. All uses shall be car- - I car- ried on tirely within a completely enclosed L ti buildin7except for: 4 1 Petroleum products storage and dis- Sales, storage, repair and limited ing of boats; 3. Public parks; 4. Limited outdoor display of merchan- meeting the criteria of Chapter 17.65 B. Nuisances. All uses shall comply with _(hapten 17.60 ECDC, Performance Standards. Ord. 3320 § 4, 2000]. 16.60.005 Chapter 16.60 �Kflwfwl M-W-FrIK AND CG2 ZONES Sections: 16.60.000 CG and CG2 zones. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design standards. 16.60.040 Operating restrictions. 16.60.000 CG and CG2 zones. This chapter establishes the general com- mercial zoning district comprised of two dis- tinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.60.020(A). [Ord. 3635 § 1, 2007]. 16.60.005 Purposes. The CG and CG2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage the development and reten- tion of commercial uses which provide high economic benefit to the city. Mixed-use and transit -oriented developments are encouraged which provide significant commercial uses as a component of an overall mixed development scheme. B. Improve access and circulation for peo- ple by encouraging a development pattern that supports transit and pedestrian access. Improve vehicular circulation and access to support business and economic development. C. Provide and encourage the opportunity for different sections along the Highway 99 corridor to emphasize their unique characteris- tics and development opportunities rather than require the corridor to develop as an undiffer- 16-17 (Revised 7/07) Attachment 2 entiated continuum. New development should be high-quality and varied — not generic — and include amenities for pedestrians and patrons. D. Encourage a variety of uses and building types. A variety of uses and building types is appropriate to take advantage of different opportunities and conditions. Where desig- nated in the comprehensive plan, the zoning should encourage mixed-use or taller high-rise development to occur. E. Encourage development that is sensitive to surrounding neighborhoods. Protect resi- dential qualities and connect businesses with the local community. Pedestrian connections should be made available as part of new devel- opment to connect residents to appropriate retail and service uses. F. New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities provided contribute to the over- all character and quality of the corridor. Where intense development adjoins residential areas, site design (including buffers, landscaping, and the arrangement of uses) and building design should be used to minimize adverse impacts on residentially zoned properties. G. Upgrade the architectural and landscape design qualities of the corridor. Establish uni- form signage regulations for all properties within the corridor area which provide for business visibility and commerce while mini- mizing clutter and distraction to the public. Make the corridor more attractive and pedes- trian -friendly (e.g., add trees and landscaping) through a combination of development requirements and — when available — public investment. H. Within the corridor, high-rise nodes des- ignated in the comprehensive plan should pro- vide for maximum economic use of suitable commercial land. High-rise nodes should be: 1. Supported by adequate services and facilities; (Revised 7/07) 16-18 2. Designed to provide a visual asset to the community through the use of distinctive forms and materials, differentiated facades, attractive landscaping, and similar techniques; 3. Designed to take advantage of differ- ent forms of access, including automobile, transit and pedestrian access; 4. Designed to provide adequate buffer- ing from lower intensity uses and residential neighborhoods. [Ord. 3635 § 1, 2007]. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this tide, except as specifi- cally prohibited by subsection (C) of this sec- tion or limited by subsection (D) of this section; 2. Any additional use except as specifi- cally prohibited by subsection (C) of this sec- tion or limited by subsection (D) of this section; 3. Halfway houses; 4. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chap- ter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Storage facilities or outdoor storage areas secondary or integral to a permitted pri- mary use, such as storage or display areas for automobile sales, building materials or build- ing supply sales, or garden/nursery sales. Such outdoor storage or display areas shall be designed and organized to meet the design standards for parking areas for the CG zone contained in this chapter. C. Prohibited Uses. 1. Residential uses located within the first or second story of any structure in areas designated "Highway 99 Corridor" or "High - Rise Node" on the comprehensive plan map. There are two exceptions to this prohibition: a. Residential uses may be allowed as part of large-scale mixed-use developments, as described in ECDC 16.60.020(B); and b. Residential uses are allowed on the second floor of buildings that are not located in areas designated as "High -Rise Node" on the comprehensive plan map and which are not located on lots that have frontage on Highway 99. 2. Mobile home parks. 3. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted commercial or residential use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of pro- hibited use. D. Uses Requiring a Conditional Use Per- mit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3635 § 1, 2007]. 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall com- ply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the follow- ing activities or products: (1) expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes, seminars, or lec- tures conducted for a scientific or educational purpose; (4) printed materials or visual repre- sentations intended for educational or scien- tific purposes; (5) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (6) nudity within a. hospital, clinic, or other similar medical facility for health- related purposes; and (7) all movies and videos that are rated G, PG, PG -13, R, and NC -17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the fol- lowing protected zones, whether such pro- tected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the fol- lowing protected uses, whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; d. A public or private primary or sec- ondary school; e. A church, temple, mosque, syna- gogue, or other similar facility used primarily for religious worship; and f. A community center such as an amusement park, public swimming pool, pub- lic playground, or other facility of similar size and scope used primarily by children and fam- ilies for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital dis- trict. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tav- ern within or outside the city limits. B. Measurement. The separation require- ments shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section, to the nearest physical point of the tenant space occupied by a sexually oriented business. 16-18.1 (Revised 7/09) C. Variance From Separation Require- ments. Variances may be granted from the sep- aration requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented busi- ness and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented busi- ness complies with the goals and policies of the community development code; 3. The proposed sexually oriented busi- ness is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed condi- tions which would minimize the adverse sec- ondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 3635 § 1, 2007]. 16.60.020 Site development standards — General. A. Table. Except as hereinafter provided, development requirements shall be as follows: 1 Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other pro- vision of this code. 2 Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Mixed -Use Developments. 1. A mixture of commercial and residen- tial uses, including residential uses located on the first or second floors of buildings, may be permitted for developments meeting the fol- lowing requirements: a. The proposed development's com- bined site area is at least two acres. b. Floor area equivalent to the com- bined total leasable area of the first (ground) floor for all buildings located on the site is devoted to commercial use. This commercial floor area may be provided in any manner desirable on-site, except that for all buildings oriented to and facing frontage streets the street -facing portions of the ground floor shall be occupied by commercial uses. Parking (Revised 7/09) 16-18.2 area(s) are excluded from this calculation. This requirement is not intended to require com- mercial uses facing service drives, alleys, or other minor access easements that are not related to the main commercial streets serving the site. [Ord. 3635 § 1, 2007]. 16.60.030 Site development standards — Design standards. Design review by the architectural design board is required for any project that includes buildings exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not exceeding these height limits may be reviewed by staff as a Type I decision. Regardless of what review process is required, Minimum Minimum Maximum Minimum Minimum Street Side/Rear Maximum Floor Lot Area Lot Width Setback Setback Height Area CG None None 4,2 Nonel 60,3 None CG2 None None 4'2 Nonel 75" None 1 Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other pro- vision of this code. 2 Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Mixed -Use Developments. 1. A mixture of commercial and residen- tial uses, including residential uses located on the first or second floors of buildings, may be permitted for developments meeting the fol- lowing requirements: a. The proposed development's com- bined site area is at least two acres. b. Floor area equivalent to the com- bined total leasable area of the first (ground) floor for all buildings located on the site is devoted to commercial use. This commercial floor area may be provided in any manner desirable on-site, except that for all buildings oriented to and facing frontage streets the street -facing portions of the ground floor shall be occupied by commercial uses. Parking (Revised 7/09) 16-18.2 area(s) are excluded from this calculation. This requirement is not intended to require com- mercial uses facing service drives, alleys, or other minor access easements that are not related to the main commercial streets serving the site. [Ord. 3635 § 1, 2007]. 16.60.030 Site development standards — Design standards. Design review by the architectural design board is required for any project that includes buildings exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not exceeding these height limits may be reviewed by staff as a Type I decision. Regardless of what review process is required, TVARTIMMITER1 "I. all projects proposed in the CG or CG2 zone must meet the design standards contained in this section. A. Screening and Buffering. 1. General. a. Retaining walls facing adjacent property or public rights-of-way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. b. Landscape buffers are not required in land use zones with no required building set- back. c. Tree landscaping may be clustered to block the view of a parking lot, yet allow visibility to signage and building entry. d. Landscape buffers shall be inte- grated into the design and layout of water detention and treatment elements, to minimize the physical and visual impacts of the water quality elements. e. All parking lots are required to provide Type V interior landscaping. f. Type I landscaping is required for commercial, institutional and medical uses adjacent to single-family or multifamily zones. The buffer shall be a minimum of 10 feet in width and continuous in length. g. Type I landscaping is required for residential parking areas adjacent to single- family zones. The buffer shall be a minimum of four feet in width and continuous in length. h. Type I landscaping is required for office and multifamily projects adjacent to sin- gle-family zones. The buffer shall be a mini- mum of four feet in width and 10 feet in height and continuous in length. i. If there is a loading zone and/or trash compactor area next to a single-family or multifamily zone, there shall be a minimum of a six -foot -high concrete wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be per- mitted to encroach within street setbacks or within setbacks adjacent to single-family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. j. Landscape buffers, Type 1, shall be used in parking areas adjacent to single-family zones. k. When no setback is otherwise required, Type III landscaping three feet in width and continuous in length is required between uses in the same zone. 2. Parking Lots Abutting Streets.. a. Type IV landscaping, minimum four feet wide, is required along all street frontages. b. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls, ii. Type I planting and a grill that is 25 percent opaque, iii. Grill work that is at least 80 percent opaque, or iv. Type III landscaping. B. Access and Parking. 1. Not more than 50 percent of total project parking spaces may be located between the building's front facade and the primary street. 2. Parking lots may not be located on comer locations adjacent to public streets. 3. Paths within Parking Lots. a. Pedestrian walkways in parking lots shall. be delineated by separate paved routes that are approved by federal accessibil- ity requirements and that use a variation in tex- tures and/or colors as well as landscape barriers. b. Pedestrian access routes shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on-site buildings as well as pedestrian walk- ways that border the development. c. Pedestrian pathways shall be six feet in width and have two feet of planting on each side or have curb stops at each stall in the parking lot on one side and four feet of plant- ing on the second side. 16-18.3 (Revised 7/09) d. Parking lots shall have pedestrian connections to the main sidewalk at a mini- mum of every 100 feet. 4. Bonus for Parking Below Grade. a. For projects where at least 50 per- cent of the parking is below grade or under the building, the following code requirements may be modified for the parking that is provided below grade or under -building: i. The minimum drive aisle width may be reduced to 22 feet. u. The maximum ramp slope may be increased to 20 percent. iii. A mixture of full- and reduced -width parking stalls may be provided without meeting the ECDC requirement to demonstrate that all required parking could be provided at full -width dimensions. 5. Drive-through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, espresso stands, etc., shall comply with the following: a. Drive-through windows and stack- ing lanes shall not be located along the facades of the building that face a street. b. Drive-through speakers shall not be audible off-site. c. Only one direct entrance or exit from the drive-through shall be allowed as a separate curb cut onto an adjoining street. All remaining direct entrances/exits to the drive- through shall be internal to the site. 6. Pedestrian and Transit Access. a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes if applicable. Poten- tial future connections shall also be identified such that pedestrian access between develop- ments can occur without walking in the park- ing or access areas. c. When a transit or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the transit stop directly to the new development are required. (Revised 7/09) 16-18.4 C. Site Design and Layout. 1. General. If a project is composed of similar building layouts that are repeated, then their location on the site design should not be uniform in its layout. If a project has a uniform site layout for parking and open spaces, then the buildings shall vary in form, materials, and/or identity. The following design elements should be considered, and a project shall dem- onstrate how at least five of the elements were used to vary the design of the site: a. Building massing and unit layout, b. Placement of structures and set- backs, c. Location of pedestrian and vehicu- lar facilities, d. Spacing from position relative to adjoining buildings, e. Composition and types of open space, plant materials and street trees, f. Types of building materials and/or elements, g. Roof variation in slope, height andlor materials. 2. Individuality for Particular Struc- tures. If a project contains several new or old buildings of similar uses or massing, incorpo- rate two of the following options to create identity and promote safety and feeling of ownership: a. Individual entry design for each building. b. Create variety in arrangement of building forms in relation to site, parking, open spaces, and the street. c. Create variety through facade materials and organization. d. Create variety through roof forms. e. Vary the size/mass of the buildings so they are not uniform in massing and appear- ance. 3. Lighting. a. All lighting shall be shielded and directed away from adjacent parcels. This may be achieved through lower poles at the prop- erty lines and/or full "cut off' fixtures. b. Parking lots shall have lighting poles with a maximum of 25 feet in height. c. Pedestrian ways shall have low height lighting focused on pathway area. Pole height shall be a maximum of 14 feet, although lighting bollards are preferred. d. Entries shall have lighting for safety and visibility integrated with the build- ing/canopy. D. Building Design and Massing. 1. Buildings shall convey a visually dis- tinct "base" and '-'top." A "base" and "top" can be emphasized in different ways, such as masonry pattern, more architectural detail, step -backs and overhangs, lighting, recesses, visible "plinth" above which the wall rises, storefront, canopies, or a combination thereof. They can also be emphasized by using archi- tectural elements not listed above, as approved, that meet the intent. 2. In buildings with footprints of over 10,000 square feet, attention needs to be given to scale, massing, and facade design so as to reduce the effect of large single building masses. Ways to accomplish this can include articulation, changes of materials, offsets, set- backs, angles or curves of facades, or by the use of distinctive roof forms. This can also be accomplished by using architectural elements not listed above, as approved, that meet the intent. Note that facade offsets or step -backs should not be applied to the ground floor of street -front facades in pedestrian -oriented zones or districts. 3. Alternatives to massing requirements may be achieved by: a. Creation of a public plaza or other open space which may substitute for a massing requirement if the space is at least 1,000 square feet in area. In commercial zones, this public space shall be a public plaza with amenities such as benches, tables, planters and other ele- ments. b. Retaining or reusing an historic structure listed on the National Register or the Edmonds register of historic places. Any addi- tion or new building on the site must be designed to be compatible with the historic structure. 4. To ensure that buildings do not dis- play blank, unattractive walls to the abutting streets or residential properties, walls or por- tions of walls abutting streets or visible from residentially zoned properties shall have archi- tectural treatment applied by incorporating at least four of the following elements into the design of the facade: a. Masonry, (except for flat concrete block). b. Concrete or masonry plinth at the base of the wall. c. Belt courses of a different texture and color. d. Projecting cornice. e. Projecting metal canopy. f. Decorative tilework. g. Trellis containing planting. h. Medallions. i. Artwork or wall graphics. j. Vertical differentiation. k. Lighting fixtures. 1. An architectural element not listed above, as approved, that meets the intent. [Ord. 3736 § 11, 2009; Ord. 3635 § 1, 2007]. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be car- ried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off-street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010(B); 5. Limited outdoor display of merchan- dise meeting the criteria of Chapter 17.65 ECDC; 6. Community -oriented open air mar- kets or seasonal farmers markets; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. [Ord. 3635 § 1, 2007]. 16-18.5 (Revised 7/09)