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Ordinance 1698ORDINANCE NO. 1698 AN ORDINANCE OF THE CITY OF EDMONDS, WIASHINGTON, ADOPTING PROCEDURES, Ci:ITEi'.LA. AND iZQUIRING. REVIEW BY THE AKENITIES DESIGN BOARD OF SAID CITY OF ANY r BUILDING, STRUCTURE OR ANY OTHER IMPROVEMENT IN SAID CITY, EXCEPTING SINGLE FAMIILY RESIDENTIAL DWELLINGS AS A PREREQUISITE TO THE ISSUANCE OF A BUILDING PERMIT AND CREATING A NEW CHAPTER 12.20 IN THE EDMONDS CITY CODE IN MODIFICATION OF PLANNING C0MMISSI0N RESOLUTION NO. 397. WHEREAS,.the City Council of the City of Edmonds, Washington, by virtue of Ordinance No. 1683 of said City, has created a "City Amenities Design Board," and WHEREAS, the City Council of the City of Edmonds, Washington, in modification of Planning Commission Resolution No. 397, has called a public hearing, and having during said hearing and the continuation thereof determined it to be in the best interests and the public health, safety and welfare to amend the Edmonds Zoning Ordinance as set forth below, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, �,,7ASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter is hereby added to the Edmonds City Code, Chapter 12.20. Section 2. Section 12.20,010. Intent. This chapter is intended to implement and further the Comprehensive Plan and the Official Zoning Ordinance of the City•of Edmonds and is adopted for the following purposes: -{1) To ---promote -the -public health, -safety .and general welfare of the citizens of said city including the development and coordination of municipal growth and services. (2) To supplement land use regulation to encourage the most appropriate use of land throughout the municipality, lessen traffic congestion and accidents, secure safety from fire, provide light and air, prevent the overcrowding of land, avoid undue concentration of population, promote a coordinated development of the unbuilt areas, and conserve and restore natural beauty and other natural resources. (3) Incidental to the foregoing purposes the intentions of this chapter are to incorporate into the same and recognize that land use regulations should consider not only the fore- going considerations but should include as incidental thereto the orderliness of community growth, the protection and enhancement of property values for the community as a whole and as they relate to each other, the minimization of discordant and unsightly surroundings and visual blight, the avoidance of inappropriate and poor quality of design, and other environ- mental and aesthetic considerations which generally enhance rather than detract from community standards and values for the comfort and prosperity of the community in the preservation of its natural beauty and other natural resources which are of proper and necessary concern of local government, and to promote and enhance construction and maintenance practices that will tend to prevent visual blight and enhance environmental and aesthetic quality for the community as a whole. Section 3. Section 12.20.020. Definitions. The words and terms used in this chapter shall be defined and construed as set forth in chapter 12.12 (Zoning Definitions) in the Edmonds City Code, and in addition shall include the following: ARCHITECTURAL FEATURE shall mean the exterior architectural treatment and general arrangement of the portions of an improve- ment and site as shall be open to external view, including, but not by way of limitation, the following considerations: (a) building materials, texture, and where elsewhere indicated,.color; (b) attached or detached signs; -2 - (c) landscaping and site screening; (d) parking lots; (e) exterior lighting; (f) walkway and related pedestrian considerations; (g) such other fixtures and appurtenances to lots and structures that have or will have visual impact to adjoining and vicinal properties whether in private or public ownership. IMPROVEMENT shall mean any building, structure, fixture or other improvement to real property open to exterior view including site development and excavation. It shall include, but not by way of limitation, the following: (a) street improvements excluding maintenance, surfacing or lifts which do not include widening in excess of eight feet; (b) street furniture; (c) advertising structures, billboards and signs; (d) accessory uses, apartment houses and other multiple residential structures including duplexes, boarding houses, rooming houses, fraternity houses and sorority houses; (e) carports for multiple structures, clinics, clubs, commercial and noncommercial use structures and buildings; (f) all development of open space areas including but not limited to such usages as park development, junk yards, riding academies and kennels, and recreational facilities; (g) public or private institutions, clinics, hospitals, animal hospitals, professional offices and public utilities and sanitariums; (h) mobile homes and trailer parks, motels and motor hotels; (i) parking spaces and off-street parking. The foregoing delineated terms as being encompassed within the definition of "improvement" are not intended to be u11 inclusive but by way of cross-reference to specific inclusions of defined terms within Chapter 12.12 (Zoning Definitions) of the Edmonds -3- City Code. Specifically not included within the term "improve- ments" are underground wires, pipes or other similar underground utility installations. MUNICIPAL IMPROVEMENTS shall mean any improvement to property, lots, structures or sites on property owned or controlled by the city, but excluding other publicly owned agencies subject to the jurisdiction of the city regulations. REGULATED IMPROVEMENTS shall mean any improvement upon any property within the city not owned or under the possessory control of the city, other than single family residential -units, structures or building, and uses accessory thereto. STREET FURNITURE shall mean structures, fixtures (permanent or temporary) and all other real property adornments or modifi- cations located in streets or street rights -of -way and parking spaces and lots or other open spaces of every kind and descrip- tion on a lot or site including, but not limited to: light standards, utility poles; newspaper stands; bus shelters; planters; traffic signs and signals; benches; guard rails; rockeries; retaining walls; mailboxes; litter containers; and fire hydrants. Section 4. Section 12.20.030. Administration by Cit Amenities Design Board. It shall be the function of the City Amenities Design Board created by Chapter 1.10 of the Edmonds City Code to administer this chapter. Section 5. Section 12.20.040. Duties of City Amenities Design Board. (1) No building, remodeling, excavation or other permit required for constructing, modifying or remodeling a regulated improvement or architectural feature shall be granted by any department of the city, nor shall an architectural feature be substantially altered or modified, without the prior approval of -4- the City Amenities Design Board. Substantial deviations from a plan approved by the City Amenities Design Board shall be permitted only upon the filing and approval of an amended plan. (2) The City Amenities Design Board may require a per- formance bond to the City in a reasonable approximation of the cost of the required installation and maintenance of land- scaping, screens, parking spaces and lots, exterior lighting, walkways and other provisions for pedestrians, and other similar site improvements, which bond shall be established in an amount by the City. (3) When the City Council deems it necessary to retain a consultant for proposed municipal improvements, the City Council shall request recommendations from the City Amenities Design Board as to the selection of consultants to provide design services which recommendation shall be considered by but not binding on the City Council. (4) Consultants or city officials charged with the design responsibility for a municipal improvement shall hold preliminary discussions on the proposed project with the City Amenities Design Board to obtain preliminary recommenda- tions from the City Amenities Design Board as to environmental, aesthetic and design principles and objectives which should be sought in the development of the improvement. In addition the City Amenities. Design Board shall review substantial municipal improvements at the completion of the design develop- ment phase and construction document phase, or at any time they deem necessary. A municipal improvement approved by the City Council after review and recommendations by the City Amenities Design Board may be implemented on a phasing basis without further review so long as the improvement is developed in substantial conformity with the reviewed plan. Significant -5- deviations from an approved plan shall be submitted to the City Amenities Design Board for its further review and recommendations. For municipal improvements, the City Amenities Design Board review and recommendation shall not be binding upon the City Council but shall be given due consideration by the City Council. (5) The City Amenities Design Board may assist any person, group or organization which requests design advice on matters not requiring formal commission action. (6) The City Amenities Design Board may consult with the Planning Commission, Park Board, Board of Adjustment, Board of Building Appeals, City Council or any other department, body or commission of the City of Edmonds on matters affecting the subject matter of this chapter. Such consultation may be by the City Amenities Design Board as a whole or by a committee designated by the City Amenities Design Board. The City Amenities Design Board may offer recommendations to appropriate city departments, boards, commissions and any other agency on pending or proposed legislation relative to the subject matter of this chapter. Section 6. Section 12.20.050. Criteria: In reviewing applications to the City Amenities Design Board, or other duties of the City Amenities Design Board elsewhere specified in this chapter, the City Amenities Design Board shall be guided by the intent and purposes of this chapter as set forth in Section 12.20.010 herein and the following considerations: (1) Relationship of building site. (a) The site should be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting and pedestrian walkways or other improvement. (b) Parking spaces and lots and other service areas should be located, designed and screened from public view insofar as the same May be practical and consistent with the nature of the improvement, geographic and topographical considerations. (c) Consideration shall be given to the height and scale of each structure for compatibility with the site and adjoining and vi.cinal improvements with consideration given to the conformance or lack of conformance with the existing zoning and comprehensive plan projections for the area and the state of repair, conformity and general benefit of the improvements on adjoining and vicinal properties. (2) Relat:ionshiiD of building% and site to ad-ioininy area. (a) mildings and structures should be designed to be compatible with the purposes of the comprehensive plan, zoning ordinance and adjacent buildings of conflicting environmental and architzctlzral detail, or provide site screening, site breaks or materials for the purpose of environmental and aesthetic compatibility and avoidance of visual blight. (b) Harmony in texture, lines and masses of buildings or structures should be encouraged. (c) Landscape transition to adjoining properties should be encouraged to provide continuity of transition in harmony with the purposes of the comprehensive plan, zoning ordinance and gencra.l environmental considerations. -7- (d) Municipal improvements and oi;her public or quasi -public buildings and structures should not interrupt the. established neighborhood character as existing and proposed in long range planning concepts in the comprehensive plan. (3) Landscape and site treatment. (a). Where existing topographical configuration contributes to the conservation of natural beauty and other natural resources they should be conserved. (b) Grades of walkways and other pedestrian provisions, parking spaces and lots, terraces and other paved areas should minimize conflict with the conservation and restoration of natural beauty and other natural resources. (c) Landscape treatment should be provided,to enhance architectural features and improvements, environmental harmony, minimize visual conflict with the structure or building, provide shade for tiwalkwa3 s and other pedestrian provisions and to conserve and restore natural beauty and other natural resources. (d) In location where plants would be susceptible to damage by pedestrian or, motor traffic, they should be protected by appropriate curbs, tree guards or similar devices. (e) Where building or structure sites eliminate planting, the placement of trees, shrubs or other plantings should be encouraged in parkways and paved areas where adequate protection may be provided. (f) Screening of service yards, and other open spaces which tend towards the accumulation of litter or other visual blight, should be accomplished by the use of sight obscuring materials such as walls, fencing, planting, or combinations, thereof, emphasizing the preservation of natural beauty and other natural resources. Screening should be designed for effectiveness in winter as well as summer periods. (g) In areas where general planting will nct prosper, other materials such as fences, walls, pavings of wood, brick, stone, gravel or other materials suggesting natural 'beauty should be encouraged. (h) Exd:erior lighting, when used and permitted under applicable laws, should be shielded.and restrained in design.to avoid excessive brightness or brilliance to adjoining and vicinal properties and streets. Lighting standards and fixtures should be de-emphasized and not detract from the overall site continuity, structure, building or improvement and emphasis should be pl aced upon the site environment, natural beauty conservation and blend. (4) Building Design. Architectural style is not restricted. Evaluation of the building, structure or other improvement should be based on quality of design and relationship to environmental concerns, the conservation and restoration of natural beauty and other natural resources and the avoidance of conflict with the character of the existing neighborhood considering its present state of economic wellbeing and repair and the projected utilization and function of the neighborhood pursuant to the comprehensive plan. Scale.' line and mass should similarly conform to the total project evaluation as herein set forth. In addition, but not by way of limitation, the following building design considerations should meet the criteria herein set forth: (a) All.building components, such as, but not by way of limitation, as windows, doors, eaves, and parapets. (b) Colors, which should emphasize neighborhood compatibility and avoid conflict by excessive brightness or brilliance save and except where the same may enhance the general balance and harmony of the neighborhood. In relation to its utilitarian function, existing zoning and structures, and considerations for future development as proposed by the com- prehensive plan. (c) Mechanical equipment or other utility hardware on the roof, grounds or buildings, should be screened from view wherever practical and provision made to buffer sound against noise to adjoining property. (d)' Monotony of design in single or multiple building projects should be avoided for the purpose of preserving and restoring natural beauty and other natural resources, such as providing variable siting and individual buildings within a multiple building project, to enhance opening to the occupants of light and air, -10- and where applicable to provide recreational facilities, and to avoid excessive shading between structures. (e) Advertising structures, billboards and all other types of signs shall conform to exist- ing ordinances and lames., and should conform to the criteria set forth above for building design evaluation generally, building com- ponents, colors and where applicable, the lighting criteria set forth in subparagraph (3) (h) above. (5) Street Furniture. Street furniture wherever located, other than in conjunction with a single family dwelling or'use accessory thereto, should be designed to be a part of the total architectural concept of design and landscape under the criteria set forth above. Particularly, materials should be compatible with buildings; scale and color should de-emphasize street furniture with emphasis on compatibility with the overall design of site, building and neighborhood; and lighting should be similarly treated. Section 7. Section 12.20.060. Application and Procedure: Applications to the City Amenities Design Board shall be sub- mitted to the City Planner on forms provided by the City and shall include a site plan and exterior elevations and such other data as required by the City Planner as will enable the City Amenities Design Board to adequately evaluate --hc proposed improvement. Preliminary drawings may be submitted for review and preliminary advisory opinion by the City Amenities Design -11- Board. No formal City Amenities Design Board action shall be taken except upon final site plans and elevations being provided. Final site plans and elevations shall be drawn to scale and shall indicate the nature and extent of the proposed improvement and shall show in detail that they conform with the provisions of this chapter and the zoning ordinance. The City Amenities Design Board may approve, disapprove or require modification of any such application. In no instance shall the City Amenities Design Board's action conflict with existing zoning, subdivi- sion or platting requirements, building or other applicable city ordinances nor grant variances therefrom. All final deci- sions of the City Amenities Design Board shall be reduced to writing and shall include findings of fact as to the reasons deemed controlling to the decision where the decision is adverse or requires modification from that proposed by the applicant. The City Amenities Design Board shall complete its review and make its decision and/or recommendations within 60 days after the application is filed with the City Planner unless an extension is approved by the applicant or his agent. There shall be no posting or publication requirements for the application but all decisions, interim or final shall be made at regular meetings of the City Amenities Design Board. Section 8. Section 12.20.070. Appeals. Any persons feeling aggrieved by an action of the City Amenities Design Board may file a written notice of appeal with the City Council setting forth the reasons for appeal. Appeals must be filed with the City Clerk, and a copy with the City Planner within -12- ten days of the formal and final action by the City Amenities Design Board. The filing of an appeal shall suspend the issuance of any building or other required city permit until the City Council has taken final action on the appeal. The City Council, upon transmittal to it by the City Clerk, or the City Planner, shall set a date for public hearing of the appeal, and shall take final action on the appeal within 45 days of the filing of the notice of appeal with the City Clerk and. the City Planner. Review by the City Council shall be de novo. The City Council may affirm the decision of -the City Amenities Design Board; remand to the City Amenities Design Board for further proceedings, in which case the City Amenities Design Board shall reach a final resolve of the matter in not less than 30 days following the action of the City Council; or the City Council may reverse the decision of the City Amenities Design Board. -13- Review of any action by the City Council to a Superior Court shall be within ten days from the date of action of the City Council, and only after the perfection of an appeal to the City Council, by way of writ of certiorari, writ of prohibition or writ of mandamus. Section 9. Section 12.20.080. Application Fees: Application fees for applications filed with the City Amenities Design Board shall be $20.00. . Section 10. Section 12.20.090. Penalties. Any person or organization or employee or owner of an organization, who violates any of the provisions of this chapter, or knowingly permits such violation or fails to comply with any of the requirements thereof, or who knowingly misrepresents an appli- cation or representation to the City Amenities Design Board, or violates the terms of the approval, denial or modification of an application to the City Amenities Design Board, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by fine or imprisonment as set forth in Section 5.12.170 of the Edmonds City Code. In case any improvement, architectural feature or street furniture is constructed, altered, modified, converted, or maintained in violation of this chapter, the proper legal authorities of the City of Edmonds, in addition to any other remedies, may institute an appropriate action or proceeding to prevent such construction, alteration, modification, con- version or maintenance to restrain, correct or abate such violation, to prevent the occupancy of the site, building, structure, or improvement, or 'to prevent any other ,act, conduct, -14- business or use in or about such site, building, structure, improvement, architectural feature or street furniture which is or are made illegal by the terms of this chapter. Section 11. Section 12.20.100. Record of Hearings. Record of all public hearings of the City Amenities Design Board and City Council shall be kept and minutes of each such meeting, in summary form, shall be deemed compliant with this requirement. Section 12. Section 12.20.110. Severability. If any section, subsection, clause, phrase or word of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter, and each section, subsection, clause, phrase and word hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases or word or words thereof be declared invalid or unconstitutional. APPROVED: MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: 2/ 5/ , FILED WITH THE CITY CLERK: / 9617 PUBLISHED: -15-