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Ordinance 25270004.15049 WSS/naa 10/1/85 ORDINANCE NO. 2527 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 15 AND TITLE 16 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, THE COMPREHENSIVE PLAN MAP AND THE ZONING MAP IN THE FOLLOWING RESPECTS: AMENDING SECTION 15.15.010 RELATING TO WATER RESOURCES AND DRAINAGE MANAGEMENT TO RECOGNIZE THE ENVIRONMENTAL SENSITIVITY OF LAKE BALLINGER AREA, AND AMENDING THE PROVISIONS RELATING TO REGIONAL RETENTION AND DETENTION PROGRAMS; AMENDING SECTION 15.15.030 BEAUTIFICATION AND URBAN DESIGN TO ADDRESS THE UNDERDEVELOPMENT OF THE HIGHWAY 99 AREA, TO ADDRESS THE REDEVELOPMENT OF HIGHWAY 99 THROUGH HIGHRISE NODES AND OTHER FORMS OF DEVELOPMENT, TO REDEFINE THE HIGHWAY 99 CONCEPT; AMENDING SECTION 15.20.005 RESIDENTIAL DEVELOPMENT BY AMENDING SUBPARAGRAPHS B(3) AND B(5) TO MORE CLEARLY DEFINE HOW RESIDENTIAL AREAS SHOULD BE PROTECTED FROM INCOMPATIBLE LAND USES AND STRUCTURES; AMENDING SECTION 15.20.010 COMMERCIAL LAND USE TO ADDRESS THE CITY'S POLICY REGARDING THE DEVELOPMENT OF THE HIGHWAY 99 AREA AND REGARDING THE ENCROACHMENT OF COMMERCIAL USES FROM HIGHWAY 99 INTO ADJACENT RESIDENTIAL NEIGHBORHOODS; AMENDING SECTION 15.20.030 COMMUNITY FACILITIES AND UTILITIES TO ADDRESS REGIONAL DRAINAGE PROGRAM AND THE PRETREATMENT OF RUN-OFF; AMENDING SECTION 15.25.000 STREETS AND HIGHWAYS TO ADD A NEW PARAGRAPH D(4) PROVID- ING FOR THE ROUTING OF NONRESIDENTIAL TRAFFIC FROM THE HIGHWAY 99 AREA; AMENDING SECTION 16.60.000 PURPOSES TO PROVIDE FOR HIGHRISE BUILDINGS WITHIN THE CITY'S CG ZONE AND ADDRESS- ING COMPARABLY ZONED AREAS WITHIN SNOHOMISH COUNTY; ADDING A NEW SECTION 16.60.005 ESTAB- LISHING GC AND GC 2 ZONES; AMENDING SECTION 16.60.010 USES TO DELETE MOBILE HOME PARKS AS PERMITTED PRIMARY USES AND TO DESIGNATE RESIDENTIAL USES WITHIN THE FIRST AND SECOND STORY AS PROHIBITED USES IN THE HIGHWAY 99 COMMERCIAL AREA AND TO PROVIDE FOR FLEXIBLE HEIGHT LIMITATIONS IN ACCORDANCE WITH AMENDMENT TO SECTION 16.60.030; AMENDING 16.60.020 SITE DEVELOPMENT STANDARDS TO ESTABLISH FORTY-FIVE FOOT MAXIMUM HEIGHT LIMITATIONS IN CG2 ZONING AND PROVIDING FOR SETBACK REQUIREMENTS FROM R-M OR R-S ZONED PROPERTY AS WELL AS FOR THE LAND- SCAPING OF STREET SETBACK AREAS; AMENDING SECTION 16.60.030 OPERATING RESTRICTIONS TO ADD A NEW SUBSECTION B HEIGHT EXCEPTIONS RELAT- ING TO THE ISSUANCE OF CONDITIONAL USE PERMITS FOR BUILDINGS IN EXCESS OF THE MAXIMUM HEIGHT LIMITATIONS IMPOSED IN CHAPTER 16.60; AMENDING THE COMPREHENSIVE PLAN MAP TO ADD THE DESIGNA- TION OF "COMMERCIAL HIGHRISE" AND "HIGHWAY 99 COMMERCIAL AREA" TO THE HEREIN DESCRIBED PARCELS; AMENDING THE ZONING MAP TO DESIGNATE CERTAIN HEREIN DESCRIBED PARCELS AS ZONED C-G2; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has reviewed and accepted the report of its Planning Board and its consultant regarding the Highway 99 Implementation Report; and WHEREAS, the City Council has held repeated public hearings and heard public testimony regarding the implementation of said report by the adoption of amendments to its Comprehensive Plan, to its Community Development code, to the Comprehensive Plan Map and to the Zoning Map of the City; and WHEREAS, the City Council finds it to be in the public interest to make such amendments in order to better provide for and to utilize the area and economic resources known as Highway 99, now, therefore, FOLLOWS: THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS Section 1. Section 15.15.010 of the Edmonds Community Development Code WATER RESOURCES AND DRAINAGE MANAGEMENT is hereby amended as follows: Section 15.15.010 WATER RESOURCES AND DRAINAGE MANAGEMENT A. General. The environmental amenity of the City of Edmonds is greatly enhanced by the numerous year round streams and the location of the City on Puget Sound. Lake Ballinger, besides being a �A= well-known landmark, is an important environmental area because of its ecological benefits and open space quality. The storm drainage and stream systems in the Edmonds area are part of the Cedar River Drainage Basin. There are two sub -basins in the area: McAleer Creek, which drains to Lake Washington and the Upper Puget Sound sub -basin which drains to Puget Sound. Urban development in the past has interfered with natural storm drainage systems and greatly increased the area of impermeable surfaces. It has been necessary to install culverts, underground drainage courses and other major structures to accommodate run-off water. Because of climate, topography and soil conditions, severe erosion and damage to stream banks may occur with future development. Urban run-off causes significant decreases in water quality because of the quantity of pollutants in the run-off water. The Urban Run-off and Basin Drainage Study conducted for the River Basin Coordinating Committee of the Municipality of Metropolitan Seattle indicates that future development in the Puget Sound and McAleer sub -basins will over burden existing systems. The water quality in Lake Ballinger is already an urgent and serious problem because the lake is shallow, contains a high level of nutrients and has seasonal oxygen deficiencies. The quality of water in Puget Sound is a less immediate problem but must be considered in the long term. Both Edmonds and Lynnwood dispose of effluent in the Sound which has received primary treatment only. Increased recreational use of the waterfront will have water quality impacts also. Some streams in the City have supported fish runs from the Sound in the past and many people in the community would like to see a restoration of these fisheries. The high costs both financially and environ- mentally of installation of structures and alteration of natural systems is an important consideration in planning for environmental management. Because environmental systems cross political boundaries a high degree of interlocal cooperation will be necessary to fully utilize funds available through the Water Pollution - 3 - Control Act; however, the Act may provide substantial funds in the future for planning and improvement of facilities. B. Goal. The City should continue to upgrade the public storm drainage system in order to protect the man-made and natural environment. In the management of storm drainage and urban run-off, the City should utilize the natural drainage system where it is possible to do so without significantly altering the natural drainage ways, in accordance with the following policies: 1. The natural drainage system (i.e., streams, ponds, and marshes) shall not be filled or permanently culverted except where no other alternative exists. Temporary culverting of streams shall be permitted during construction where site conditions present no other alternative. The natural condition should be restored immediately following construction. 2. Earthmoving equipment shall not cause siltation or deterioration of water quality. Rechanneling of streams is permitted only when the stream bed location renders the site undevelopable. 3. Imagination and care should be used in the design of retention ponds and other drainage facilities so that they will blend into the natural environment rather than detract from it. 4. Riprapping of stream banks and gravelling of stream beds is permitted when the Engineering Department determines that stability or sediment retention is necessary. 5. Decorative ponding, cascading, and building artificial waterfalls are permitted except in those streams where it would present a barrier to the migration of fish. 6. Building foundation and footings shall be no closer than 15 feet to a stream bank and shall be sited to create minimum disruption to the drainage system. 7. The quality and quantity of water leaving a site shall be the same as that entering the site. - 4 - 8. Rentention basins and other devices shall be used to encourage on -site run-off absorption and prevent overloading of existing drainage systems except in those areas where it is necessary to remove water from the site quickly due to unstable soil conditions to prevent earth slides and subsequent danger to life and property. 9. Regional retention/detention is generally recognized as a more efficient and practical method of run-off control and will be given first consideration before individual on -site systems are allowed as part of development projects. Section 2. Section 15.15.030 BEAUTIFICATION AND URBAN DESIGN is hereby amended to read as follows: A. General. The man-made environment is an expression of human culture and reflects, in physical form, the social values of the members of the community. The manner in which the man-made elements are incorporated into the natural environment creates the special characteristics which identify a community and contribute to the quality of life in that community. The beauty and variety of the natural surroundings in Edmonds and the historical development of the City have combined to create an interesting, and visually attractive community. However, unsightly development - of poor quality and design - does exist in the City and may occur in the future. Aging buildings in some parts of the City, primarily downtown, also create an aesthetic problem. Removal or poor restoration of older buildings alters the character of the downtown area. The historical and typical strip development along Highway 99 has resulted in economic and aesthetic underdevelopment of private properties. Although utility wires are placed underground where new development takes place, overhead wires still exist in most of the older parts of the City where they interfere with views and create visual blight. - 5 - Commercial signs contribute to the color and variety of community life as well as providing an important function but they may also create discordant and unsightly conditions where they are of excessive or poor design. Street landscaping has been utilized in the past on a limited basis. However, there is no coordinated program to provide street landscaping. In many areas, parking lots, access roads, streets and buildings are poorly integrated with the landscape. B. Goal. Future development in the City should be based on design principles which will assure that the visual quality and aesthetic harmony of the community is enhanced. 1. Policies a. The existing character of the downtown area should be maintained. b. The Highway 99 commercial areas should be oriented to safe, convenient automobile use while enhancing the visual amenity. The character of Highway 99 should be redeveloped into an area of maximum commercial development, highrise "nodes" and planned centers. c. Neighborhood shopping areas should be compact and compatible in appearance with adjacent residential areas. d. Encourage the rehabilitation and restoration of older buildings and historic buildings in order to retain a variety of building styles and continuity with the City's past. 2. Downtown Concept a. General Appearance: Two story buildings with common walls, close to sidewalk (no setbacks on frontage streets). Small parking areas at rear of buildings. Shops and store fronts on street level. Compact configuration of buildings without large open areas of paving. Pedestrian facilities, mini -parks and street furniture. Architectural compatibility without eliminating variety. Old buildings mixed with new. b. Signs: Signs should be small and low- level, oriented to pedestrians, signs perpendicular or flat to buildings. Co Lighting: Oriented to sidewalks, low- level period fixtures. d. Landscaping: Small scale, pocket landscaping. 3. Highway 99 Concept a. General Appearance: Creation of new identity. Development of high intensity nodes. Better identification of uses by numbering. Encouragement of planned business centers and design coordinantion among neighbors. Building forms compatible with adjacent uses. Parking areas more clearly defined to eliminate confusion of driveways, street and parking areas. Unsightly uses and storage screened by landscaping and fencing. b. Signs: Less conflict and confusion among signs. Visible for a distance at speeds of 35-45 mph. Pole signs no higher than 20' maximum height. Design approval of signing as a condition of approval for highrise buildings in "nodes". c. Lighting: Oriented away from thoroughfare and residential areas. d. Landscaping: Use of landscaping berms in and around parking areas and setbacks to provide a visual screen. 4. Neighborhood Shopping Concept a. General Appearance: Buildings, similar in scale to single-family houses, compact arrangement of buildings with safe pedestrian walkways. b. Signs: Use sign concept from downtown. C. Lighting: Oriented away from residential areas. Designed for safety rather than advertisement of uses. - 7 - d. Landscaping: Buffer from street, provide transition from commercial areas to residential areas. 5. Sign Policies a. An establishment should rely primarily on the quality of its products and/or services as promotion and not on attention attracting devices directed toward the chance or short term customers. b. Signs should be kept as simple as possible, relying on symbols to avoid needless clutter and complexity. c. Signs should be related to the circulation element serving the establishment. d. As an extension of the geographic identifying system, the sign should provide an address number. e. Landscaping should be used in conjunction with pole signs for safety as well as appearances. f. Where multiple businesses operate from a central location, the merchants are encouraged to coordinate signing to avoid the proliferation of signs, each competing with the others. This is considered to be in the public interest to reduce cost of merchandising and to avoid clutter and confusion. C. Goal. The City should establish programs to improve the aesthetic quality of public areas in a manner which is compatible with the natural and man-made environment or will enhance the general environment, in accordance with the following policies: 1. Waterfront Building Design a. Buildings should be set back from the waterfront to preserve existing beach areas and provide a buffer area. MM b. Buildings should be oriented to pedestrians by providing visible activity at the first floor level, using awnings, windows, etc. Retail uses are encouraged in first floor spaces. c. Covered parking areas shall screen cars parked inside them from public rights - of -way. 2. Waterfront Site Design a. The site layout should be coordinated with existing buildings and proposed improvements to provide views of the water, open spaces, and easy pedestrian access to the beach. b. The site design should provide adequate separation of vehicles and pedestrians to avoid conflicts. C. On -site parking spaces and paved surfaces should be kept to a minimum. Joint use parking arrangements and in - lieu parking payments are encouraged. Only the absolute minimum number of parking spaces to accomodate the use(s) should be permitted on -site. 3. Waterfront Landscaping a. Landscaping should be used to soften edges of buildings and parking areas. b. Plant species should be selected to endure salt spray, wind, and soil conditions. c. Landscaping should not obscure waterfront views. d. Landscaping should be used to separate pedestrians and vehicles. 4. Street Landscaping a. The City should establish a program to place utility wires underground in areas of the City where acenic vistas will be enhanced or the general environment will be improved. Encourage LID's and arterial conversions. � 1 I b. The areas of the City which are most suitable for street landscaping should be identified and a program developed to carry out a public landscaping plan. c. Street lighting should be designed to provide comfort, security and aesthetic beauty. Section 3. Section 15.20.005 RESIDENTIAL LAND USE, paragraph B is hereby amended to read as follows: B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: 1. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to community identity and desirability. 2. Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with existing structures in the area. 3. Minimize encroachment on view of existing homes by new construction or additions to existing sructures. 4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. 5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: a. Residential privacy is the most fundamental protection to be upheld by local government. b. Traffic not directly accessing residences in a neighborhood must be discouraged. - 10 - C. Stable property values must not be threatened by view, traffic or land use encroachments. d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. 6. Require that new residential development be compatible with the natural constraints of slopes, soils, geology, vegetation and drainage. Section 4. Section 15.20.010 COMMERCIAL LAND USE is hereby amended to read as follows: A. General. Past and present commercial development in the City of Edmonds has been oriented primarily to serving the needs of its citizens. It also has attempted to offer a unique array of personalized and specialty type shopping opportunities for the public. The recently completed Milltown shopping arcade is an excellent example of this type of development. It is essential that future commercial developments continue to harmonize and enhance the residential small town character of Edmonds that its citizens so strongly desire to retain. By the same token, the City should develop a partnership with business, citizens and residents to help it grow and prosper while assisting to meet the various requirements of the City's codes and policies. B. Goal. The Highway 99 arterial has been recognized historically as a commercial district which adds to the community's tax and employment base. Its economic vitality is important to Edmonds and should be supported. Commercial development in this area is to be encouraged to its maximum potential. All commercial development should be designed and located so that it is economically feasible to operate a business and provide goods and services to Edmonds residents and tourists in a safe, convenient and attractive manner, in accordance with the following policies: 1. A sufficient number of sites suited for a variety of commercial uses should be identified and reserved for these purposes. The great majority of such sites should be selected from parcels of land already identified in the comprehensive plan for commercial use and/or zoned for such use. 2. Parcels of land previously planned or zoned for commercial use but which are now or will be identified as unnecessary, or inappropriate for such use by additional analysis, should be reclassified for other uses. 3. The proliferation of strip commercial areas along Edmonds streets and highways and the development of commercial uses poorly related to surrounding land uses should be strongly discouraged. 4. The design and location of all commercial sites should provide for convenient and safe access for customers, employees and suppliers. 5. All commercial developments should be carefully located and designed to eliminate or minimize the adverse impacts of heavy traffic volume and other related problems on surrounding land uses. 6. Neighborhood scale commercial development (convenience stores) should be located at major arterial intersections and should be designed to minimize interference with through traffic. 7. Special consideration should be given to major land use decisions made in relation to downtown Edmonds. C. Policy. It shall be the stated policy of the City of Edmonds to discourage and, to the extent permitted by law, prohibit the encroachment of commercial uses from Highway 99 into adjacent residential neighborhoods. 1. It shall be the policy of the City not to expend public funds to promote or encourage commercial encroachment through the preferential extention of City services and infrastructures. 2. Traffic control, routing and diversion shall not encourage the spread or extension of commercial use into residential neighborhoods. To the extent consistent with - 12 - the public health, safety and welfare, the actions of the City shall attempt to divert and route commercial traffic from residential streets. 3. This policy statement shall not be interpreted to be a statement of prejudgmental bias with regard to any application for rezoning of any residential property to a commercial use. Each such application shall be considered on its individual merits and the applicant shall be accorded all rights guaranteed by law. It shall be the stated policy of the City that no such rezone shall be granted to permit a commercial encroachment when: a. the encroachment does not conform to the Comprehensive Plan; b. no changes have occurred in the character, conditions or surrounding neighborhood that would justify or otherwise substantiate the rezone request; ce the proposed rezone bears no reasonable relationship to existing land uses and zoning of surrounding or nearby property; or d. the relative gain to the individual property owner is outweighed by hardship imposed upon the public. Section 5. Section 15.20.030 OPEN SPACE, paragraph B, Goal is hereby amended to read as follows: B. Goal. Community facilities and utilities in the City of Edmonds should be designated and located in a manner which will most efficiently and effectively serve the needs of the public and also implement the objectives of the Comprehensive Plan, in accordance with the following policies: 1. The provision of community facilities and utilities should be utilized as a tool for creating a well planned community. - 13 - 2. Community facilities and utilities should be designed, located and constructed in a manner which will preserve the integrity of Edmonds existing land forms, vegetation, drainage ways and natural systems. 3. The existing capacity in urban utility systems should be utilized before making substantial extensions and/or expensions, except where full utilization of existing capacity would defeat other important development and environmental protection objectives. 4. A total capacity should be provided in Edmonds urban utility system that is reasonably sized to accommodate anticipated and desired population growth. Over -building that would require present residents to carry the costs of substantial, unutilized capacity in these systems should also be avoided. 5. Developers should be required to provide and maintain adequate facilities within their projects for storm drainage control. They should be encouraged to consolidate such controls in cooperation with their neighbors and the City where such consolidation results in a more efficient drainage system. 6. All storm drainage control projects should be consistent with community and regionally developed plans for dealing with this problem. The City should study the feasibility of a regional drainage program within each sub -basin of the community. 7. Surface water runoff and storm drainage facilities should be designed and utilized in a manner which protects against the destruction of private property, the disruption of natural drainage ways and the degradation of water sources and water quality. Oil separators, biofilters and similar devices should be required as necessary to pre -treat runoff prior to discharge into key water bodies. 8. Whenever possible, the utility systems should existing rights -of -way provision of new be consolidated into and easements. - 14 - 9. New community facilities should be located where they will be readily accessible to Edmonds residents and will serve them conveniently and economically. 10. The development of shared community facilities among various public and institutional land users should be promoted. 11. The cooperative formulation and implementation of long-range acquisition and development plans for all community facilities and utilities by all public and institutional bodies should be strongly encouraged. 12. Community facilities and utilities development and expansion should always be compatible with surrounding land uses and consistent with the provisions of the Comprehensive Plan. 13. The extension or improvement of urban utility systems should be carefully staged in order to avoid the encouragement of poorly timed and premature land use development. 14. The City should assist private property owners in the financing of utility systems through aggressive pursuit of federal and State grants; and provide assistance for property owners wishing to develop local improvement districts. 15. Developers and business owners should be responsible for financing improvements which offset the direct impacts of their projects. The general public should assist in the provisions of facilities and utilities of general benefit to the community. Section 6. Section 15.25.000 STREETS AND HIGHWAYS is hereby amended by the addition of a new subparagraph D (12) to read as follows: D. Goal. *** 12. Nonarterial streets accessing the Highway 99 commercial area should be barricaded or restricted as necessary to prevent nonresidential traffic from entering - 15 - residential areas. Promote road systems around commercial blocks to enhance customer convenience and reduce congestion. Section 7. Chapter 16.60 CG - GENERAL COMMERCIAL is hereby amended to read as follows: Chapter 16.60 CG - GENERAL COMMERCIAL: CG AND CG2 ZONES Section 16.60.000 CG and CG2 ZONES This Chapter establishes the General Commercial Zoning District comprised of two distinct zoning categories which are identical in all respects except as specifically provided for in Section 16.60.020(A). 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: A. To reserve areas where the fewest use restrictions are imposed, in order to allow use allocations to be made by economic and market orces. B. To reserve areas for those uses which involve outdoor activities and display, fabrication, manufacturing, processing, assembling, heavier truck traffic, and convenient vehicle access to sales area. C. To allow highrise buildings to the maximum intensity possible, subject to specifically defined performance standards. D. To allow areas zoned comparably to the City's CG Zone and adjacent to Highway 99, currently within the unincorporated area of Snohomish County to maintain their current building height of forty- five feet upon annexation to the City of Edmonds. 16.60.010 USES A. Permitted Primary Uses 1. All permitted or conditional uses in any other zone in this title, exept as specifically prohibited by Section 16.60.010(C). 2. Any additional use except as specifically prohibited by Section 16.60.010(C). - 16 - B. Permitted Secondary Uses 1. Off-street parking and loading areas to serve a permitted use. C. Prohibited Uses 1. Residential Uses located within the first or second story of any structure, in areas designated "Highway 99 Commercial Area" or "Commercial Highrise" on the Comprehensive Plan map. D. Uses Requiring a Conditional Use Permit 1. Outdoor operations, excluding incidental parking and loading. 2. Outdoor Storage. 3. Aircraft landings as regulated by Chapter 4.80 of the City Code. 4. Structures exceeding the prescribed height limit, subject to the provisions contained in Section 16.60.030, paragraph B. 16.60.020 SITE DEVELOPMENT STANDARDS A. Table: Except as hereinafter provided, development requirements shall be as follows: MAXIMUM MINIMUM MINIMUM MINIMUM MAXIMUM MAXIMUM LOT AREA LOT WIDTH STREET SIDE/REAR HEIGHT FLOOR AREA SETBACK SETBACK CG NONE NONE 15'(2) NONE(1) 35'(3) NONE CG2 NONE NONE 15'(2) NONE(1) 45'(3) NONE (1) Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other provision of this code. (2) Street setback area shall be fully landscaped as required by the Architectural Design Review Board in accordance with Chapter 20.10. (3) None for structures obtaining Conditional Use Permits under Chapter 16.60.010 (D)(4), except as provided by Chapter 16.60.030 (B). B. Signs, Parking, and Design Review. See Chapters 17.50, 20.60 and 20.10. - 17 - C. Screening. The required setback from RS or RM zoned property shall be landscaped and permanently maintained by the CG/CG2 property owner with trees and ground cover. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. 16.60.030 OPERATING RESTRICTIONS A. Enclosed Building. All uses shall be carried 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. Plant nurseries. 5. Lumber yards. 6. Automotive wrecking yards 7. Outdoor Storage. B. Height Exceptions. Buildings may exceed the maximum height limit subject to the issuance of a Conditional Use Permit. The Hearings Examiner shall find that all of the following conditions have been fulfilled prior to issuing said permit. 1. The structure is located within an area designated on the Comprehensive Plan for "Commercial Highrise". 2. A Declaration of Non -Significance or Final Environmental Impact Statement has been issued for the project. 3. The project has been reviewed by the Architectural Design Board and the Board's findings have been filed with the Examiner. 4. No shadow will be cast upon any solar energy panel, (which either exists or for which a building permit has been requested at the time an application for a conditional use is received for the subject project, and which is located upon any adjacent structure or property). 5. There shall be at least one foot of distance measured from the nearest residentially zoned property line, for each foot of building height, measured from the average residential property grade. 6. Sufficient utility and street capacity is available to the structure. 7. Parking areas shall be screened to minimize their visibility from adjacent streets and from the first floor of the proposed structure. Section 8. The Comprehensive Plan Map of the City of Edmonds is hereby amended in the following respects: A. The designation of "Commercial Highrise" is hereby added to the following described parcels: 1. Those parcels lying between the northerly City limits and the northerly right-of-way line, 224th Street S.W., adjacent to Highway 99 and the lands lying adjacent thereto, which are zoned "General Commercial" as of the date of the adoption of this ordinance. 2. That area bounded by the respective center lines of Highway 99, SR104 and Ballinger Way (205th Street). B. The designation of "Highway 99 Commercial Area" is hereby added to the following described parcels: All lands lying adjacent to Highway 99 and the lands lying immediately adjacent thereto, which are zoned "General Commercial" as of the the date of adoption of this ordinance, excluding specifically those areas described in subparagraph A of this section. C. The City Clerk is hereby instructed with the assistance of the City's Planning Department to effectuate the changes to the Comprehensive Plan Map. Section 9. The Zoning Map of the City of Edmonds is hereby amended as follows: A. Those parcels lying west of Highway 99 and any parcels lying adjacent thereto currently zoned CG Commercial (CG) are hereby rezoned as General - 19 - Commercial - CG2 in accordance with the provisions of Chapter 16.60 of the Edmonds Community Development Code. B. The City Clerk with the assistance of the Planning Department is hereby instructed to make the appropriate amendments to the Zoning Map of the City of Edmonds as herein set forth. Section 10. This ordinance is an exercise of the legislative authority vested in the Edmonds City Council and as such is not subject to referendum. The City Clerk is hereby instructed to publish a summary of this ordinance consisting of the title. This ordinance shall be in full force and effect five (5) days after publication in accordance with law. APPROVED MAYOR, LAR NA HTEN ATTEST/AUTHENTICATED: UC4"'�e� i TY CLERK, JA QUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By FILED WITH THE CITY CLERK: October 3, 1985 PASSED BY THE CITY COUNCIL: October 15, 1985 PUBLISHED: October 20, 1985 EFFECTIVE DATE: October 25, 1985 ORDINANCE NO. 2527 - 20 - STATE OF WASHINGTON, l COUNTY OF SNOHOIYISH, )} ORDINANCE N0. 2527 AN ORDINANCE OF THE CITY OF EDMONDS, WASH. INGTON, AMENDING TITLE -15 AND TITLE 16 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, THE COMPREHENSIVE 'PLAN MAP AND THE ZON- ING MAP IN THE FOLLOW- INGRESPECTS:AMEND- ING SECTIONI 15.15.010 RELATING TO WATER RE. SOURCES AND DRAINAGE .MANAGEMENT TO RECOG- NIZE .THE ENVIRONMEN- TAL SENSITIVITY OF LAKE BALLINGER .AREA, AND AMENDING THE PROVI, SIONS RELATING TO RE- GIONAL RETENTION AND DETENTION PROGRAMS; PROGRAMS; AMENDING - SECTION 15.15.030 BEAUTIFICATION B'4_Q9jjkM TO ADDRESS - THE '.UNDERDEVELOP- MENT OF THE HIGHWAY 99 AREA, TO ADDRESS THE REDEVELOPMENT OF HIGHWAY 99 THROUGH HIGHRISE NODES AND OTHER FORMS OF DEVEL- OPMENT; TO .REDEFINE THE HIGHWAY 99 CON. CEPT; AMENDING SEC- TION 15.20.005 RESIn FN. M Affidavit of Publication 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.." ..................._ ---------------- Ordinance 2527 ----•............................................................................------............--...... ----•-----.........-- --- ---- -------.......................... --- ----- - ------ --------- ---- ---------...................................................... ......_........."............................ 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: yam l-NUIN I SUBPARA- ' GRAPHS B(3)ANO B(5) TO MORE CLEARLY DEFINE HOW October 20, 1985 RESIDENTIAL AREAS SHOULD BE PROTECTED FROMINCOMPATIBLE................................ --...... -........... -........................... ....... LAND USES" AND STRUC. TURES; AMENDING SEC- TION 15.20.010 � - COMMERCIALLAND USE ............................................................................................._....................................... TO DOR,ESS THE C T S POLICY REGARDING THE ENCROACHMENT OF COM- and that said newspaper was regularly distributed to its subscribers FROM MERCIAL USES . ADJA- HIGHWAY 99 INTO during all Of said period. ,CENT RES1.8DENTIAL NEIGHBORHOODS; AMEND. ING SECTION 15,?0.030 COMMUNITY- FACT LITI ... l TO AD- DRESS REGIONAL AGEPROGRAM AND THE PRETREATMENT OF RUN- TY-FIVE FOOT MAXIMUM OFF; AMENDING SECTION HEIGHT LIMITATIONS IN 15.25.000 STREETS AND ZONING AND D HIGHWAYS - Dp A E ING ING FOR SETBACK RE CK RE PARAGR PH 1)(4) PROVID- QUIREMENTS FROM R-M ING FOR THE ROUTING OF OR R-S ZONED PROPERTY NONRESIDENTIAL I F. S AS WELL AS FOR - THE FIC FROM THE HIGHWAY LANDSCAPING OF STREET 99 AREA; AMENDING SEC, SETBACK AREAS; AMEND, TION 16-60.000 PURPOSES ING SECTION 16.69.030 ,OP; TO. PRQVIpE FOR ERATING RESTRICTIONS HIGHRISE BUILDINGS TO ADD A NEW SUBSEC• WITHIN THE CITY'S CG TION B HHT EXCEP- ZQNE AND ADDRESSING TI N RELATINGEIGT T COMPARABLY ZONED ISSUANCE OF CONDITION - AREAS WITHIN -SNOHOM, AL USE PERMITS FOR ISH COUNTY; ADDING A BUILDINGS IN EXCESS OF NEW SECTIQNI 16.60.005 ES• THE MAXIMUM HEIGHT TABLISHING GC AND GC 2, LIMITATIONS IMPOSED IN ZONES; AMENDING SEC. CHAPTER 16.60; AMEND- TIOIN 16,60.010�U�SE$ TO DE, ING THE COMPREHENSIVE LETS MOBILE- HOME PLAN PLAN MAP TO ADD THE PARKS AS PERMITTED. DESIGNATION OF. "COM- PRIMARY -USES AND TOj MERCIAL HIGHRISE" AND DESIGNATE RESIDENTIAL' HIGHWA " HIGHWAY 99 COMME USES WITHIN THE FIRST CIAL" AREA" TO .THE AND SECOND STORY AS HEREIN DESCRIBED PAR - PROHIBITED USES IN THE CELS; AMENDING THE HIGHWAY 99 COMMERCIAL; ZONING MAP TO DESIG- AREA AND TO PROVIDE HATE CERTAIN HEREIN FOR FLEXIBLE .HEIGHT- DESCRIBED PARCELS AS LIMITATIONS IN ACCOR-' ZONED C,02; AND FIXING DANCE WITH AMENDMENT' A TIME WHEN THE SAME TO SECTION 16-60.030; j SHALL BECOME. EFFEC- AMENDING 16.60.020 SITE TIVE. The full text of ordi- DEVELOPM NT - STAND. nance will be mailed to any - A D T E ABLISH FOR- one upon request. Published: Oct. 20, 1985. ................................................. Principal Clerk 20th Subscribed and sworn to before me this ........................ 1 / day of-----------=- --...... O-C-t.obe.r-,/.;---------------------- , 19........8 5 " ... ......... . !.. .. --•------•-- Npfarly Public in and for the State of Washington, /residing at Everett, Snohomish County. i B-2-1