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Ordinance 1322ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY OF EDMONDSO WASHINGTON ADOPTING A COMPREHENSIVE STREET PLAN:W RE -ADOPTING PREVIOUSLY ADOPTED STREET AND THOROUGHFARE PLANS AND MAPS, REGULATING SETBACKS AND FRONT ,YARDS FROM EXISTING AND PROPOSED STREETS AND THOR- OUGHFARES01 ADOPTING AN OFFICIAL STREET MAP., PROVIDING FOR STREET REGULATION PROCEDURES AND ADMINISTRATION, PROVIDING FOR ADDITIONS:* AMENDMENTS AND SUPPLEMENTS THERETOO: PROVIDING FOR VARIANCES AND SPECIAL EXCEPTIONSV DESIGNATING PROPOSED STREET WIDENINGSO SETTING APPLICATION FEES, ESTABLISHING AMENDMENT PROCEDURES.*,PROVIDING PENALTIES AND REPEALING CHAPTER 12.03 OF THE EDMONDS CITY CODE EXCEPT WHEREIN SPECIFICALLY RE -ADOPTED OR AMENDED. WHEREAS, the City of Edmonds has adopted a comprehensive plan for the development of said City, and has amended, supp- 16mented and modified the same from time to time, and WHEREAS, it is the intent of this ordinance to adopt a functional street subdivision of said plan and to further supplement and refine street design and traffic flow, exist- ing and proposed, within said City and at the same time re- affirm existing plans, maps and proposed street lay -out and design, now, therefore, THE CITY COUNCIL OF TEE CITY OF EDMONDSr WASHINGTON DO ORDAIN AS FOLLOWS: Section 12.03.010 Title This ordinance shall be referred to as the "Comprehensive Street Plan" of the City of Edmonds,, and shall be codified as Chapter 12.03 in the Edmonds City Code in order to preserve the numbering integrity and cross references in other chapters of said code. Section 12.03_015 _Repealer Chapter 12.03 of the present Edmonds City Code, Ordinance No. 1013, as amended, is hereby repealed except where herein specifically re -adopted or amended, by this ordinance, provided however, any and all official street maps previously adopted shall remain in full force and effect as herein provided. Section 12.03.020 Authority and Purposes. In accord- ance with the statutory Laws of Washington 1935, as provided in RCW 35.63.080 through 35.63.110 and RCW 35.78, and in addition thereto Article 11, Section 11 of the Constitution of the State of Washington, the City Council of the City of Edmonds enacts the following ordinance to carry out the following pro- visions: (1) To provide for adoption and enforcement of street and thoroughfare maps and coordinated plans as part of the Comprehensive Plan for the advantageous development of the municipality; %' (2) To lessen traffic congestion and accidents; (3) To prevent over -crowding of land, and provide building setbacks from present and future streets and thor- oughfares; (4) To promote harmonious and coordinated development; (5) To facilitate the adequate provision of utilities and transportation; (6) To permit recommendation and adoption of plans in part and in whole by functional subdivision of the subject matter; (7) To establish official maps and plans for the whole and any portion of the municipality and to regulate the con- structions reconstruction, alteration, repair and use of buildings, structures and land regarding street planning and development; (8) To integrate through the City police power and the authority expressed in RCW 35.63; RCW 35.78; RCW 58.12 and 58.16 to secure continuity between planning and land develop- ment. Section 12.03.030 Definitions (1) Board The Board of Adjustment, created under the official zoning ordinance of the City of Edmonds which shall have jurisdiction in the administration and enforcement of the Comprehensive Street Plan as designated herein, in res- pect to review of the decisions and interpretations of the Comprehensive Plan, the granting of special property uses, and the determination of variances. (2) CiLy Ccu ncil The chief legislative body of the City of Edmonds. �^ (3) Commission The City Planning Commission of the City of Edmonds. (4) Miscellaneous Undefined terms used herein shall be given the same meaning as defined in the Official Zoning Ordinance, Chapter 12.12 of the Edmonds City Code. (5) Official Street and Thoroughfare Maps and Plans Certain maps and plans so designated showing locations size, dimension= classification and character of land areas deemed to be necessary for present and future public street and thoroughfare use by establishing the location and/or limits and outside lines of land areas and permitted uses of land being used and contemplated for use as sites for existing and future street and thoroughfare improvements. -2- Section 12.03.040 Re -Adoption of Previous Official Street and Thoroughfare Maps and Plans Official Street and thoroughfare maps and plans have previously been adopted by the City of Edmonds and they are hereby re -adopted and affirmed unless expressly repealed as to any particular street or thor- oughfare. In the event a prior map or plan is in conflict with a map or plan adopted subsequent in time the most recent shall prevail. Section 12.03.050 Effect of Official Street and Thor- oughfare Maps-andPlans. A. Certain official street and thoroughfare maps and plans are hereby re -adopted, amended, supplemented and newly established by Sections 12.03.060 through 12.03.080 herein and setting forth the dimensions, size, location., area and classification of streets and thor- oughfares. For the purpose of preserving the integrity of the said plans and maps and the future development of the City no permit shall be issued or improvement built within the pro- posed or existing roadbeds or right-of-ways. Required set- backs and yard requirements shall be measured from the pro- posed or existing rights -of -way, whichever are the wider, as set forth on said maps and/or plans. B. No permit for the erection of any' -,building or struc- ture shall be issued unless the building lot abuts a street or thoroughfare giving access to such proposed building or structure which street or thoroughfare has been designated on an official plan or map or recorded and approved plat, provided, buildings may be constructed on private access ease- ments or roadways when approved by the commission pursuant to subdivision or plat procedures or planned unit, development procedures. In the absence of such street or thoroughfare the applicant for the permit may apply to the commission for rec- ommendation to the City Council after public hearing to supple- ment the applicable map or plan by designating thereon the location, functional classification and width of such pro- posed street or thoroughfare. Section 12.03.060 Adoj2tion of Comprehensive Plan Section 12.03.060 of the Edmonds City Code,;, adopted by Ordi- nance No. 1013, section 6, as subsequently amended, is hereby re -adopted and amended to read as follows: "Section 12.03.060 Comprehensive Plan The dimen- sions, size, location, character, classification, standards, narrative findings and recommendations charts, official plans and maps shown in that com- pilation identified as the Edmonds Comprehensive Plan, dated May, 1963, prepared by Clark, Coleman & Rupeiks, Inc., adopted as the official Comprehensive Plan, as amended from time to time, including but not limited to the Supplement to Comprehensive Plan for Edmonds, Washington dated March 1965, prepared by,,Reid, Middle- ton & Associates, Inc., and the Supplement to Compre- -3- hensive Plan for Edmonds, Washington, Industrial Park Proposal, dated May, 1965, prepared by Reid, Middleton & Associates, Inc., are hereby adopted by reference." "Section 12.03.070 Comprehensive Thoroughfare Plan There is hereby adopted by reference a revised Compre- hensive Thoroughfare Plan, said compilation being iden- tified as Engineer's Drawing No. 1.231/45 which said plan supersedes any and all plans and maps in conflict therewith adopted prior to its initial passage dated November 15, 1966." Section 12.03.065 Amendments to Maps Contained in Comprehensive Plan Section 12.03.065 of the Edmonds City Code is hereby re -adopted and amended to read as follows: ".Section 12.03.065 Amendments to Comprehensive Plan Maps. The official plans and maps adopted by Section 12.03.060 are hereby amended as follows: a. There is hereby established an 80 foot right-of-way .on',:9th Avenue beginning on 9th Avenue at the south city limits at a distance of approximately three hundred thirty feet south of the centerline of Edmonds Way, thence north to a point 329.62 feet north of the centerline of Edmonds, Way, in accord- ance with Engineer's Drawing No. 1.231/40, adopted August 4, 1964. b_ Proposed loth Avenue North and the extension of proposed Hindley Lane are hereby established on said official street map as set forth on Engineer's Drawing No. 1.231/56, adopted April 5, 1966. C. Forsythe Lane between 5th Avenue South and 6th Avenue South is hereby established as a proposed 50 foot right-of-way, in accordance with Engineer's Drawing No. 1.231/13A, adopted Nov. 15, 1966. d. The extension of 4th Avenue South as a 60 foot right- of-way from 110 feet south of Walnut Street to its intersection with Howell Way as projected on Engi- neer's Drawing No. 1.231/14, adopted January 3, 1967. e. The extension of 203rd Street S.W. as a 50 foot right- of-way westerly from 76th Avenue W. to 81st Ave. W. as projected on Engineer's Drawing No. 1.231/67, adopted February 7, 1967. f. Howell Way from 4th Avenue South to 5th Avenue South as a 60 foot right-of-way and from 3rd Avenue South to 4th Avenue South as a 55 foot right-of-way as projected on Engineer's Drawing No. 1.231/14, adopted March 7, 1967. m: g. 8th Avenue sixty feet wide from Daley to 100 feet north of Brookmere Drive; 8th Avenue forty-two feet wide from 100 feet north of Brookmere Drive to Melody Lane; 8th Avenue forty feet wide from 196th Avenue to 195th Place S.W.; 195th Place S.W. forth feet wide from 8th Avenue to 9th Avenue; Hindley Lane fifty feet wide from 8th Avenue to 9th Avenue; and Melody Lane forty feet wide from 8th Avenue west a distance of approximately 417 feet; all as projected on Engineer's Drawing No. E-C-121, adopted June 20, 1967. h. 9th Avenue North from Daley Street to Casper as a sixty feet right-of-way as projected and aligned on Engineer's Drawing No. E-C-102, adopted June 20, 1967." Section 12.03.080 Official Street Map There is hereby adopted by reference that compilation identified as the Offi- cial Street Map,, File No. 1.559, consisting of 18 engineers' drawings, sheets 1 through 17 plus an index sheet, which Official Street Map supersedes any and all maps or plans in conflict therewith as of the effective date of this chapter. The City Clerk shall certify the original Official Street Map aid keep the same on file together with subsequent amendments and supplements thereto. Section 12.03.090 Design Standards Streets shall be designed to the standards set forth in the Design Standards for Major and Secondary streets in the State of Washington adopted by reference in Section 7.01.020 of the Edmonds City Code, Ordinance No. 1269. Section 12.03.100 Municipal Procedure Any person, firm, corporation or other group, proposing to erect, construct, reconstruct, alter, repair, or improve any location, site, parcel of land, buildings and/or structures, shall make appli- cation to the building official for a building permit, who shall consult the city engineer for the purpose of establish- ing that the proposed use shall be in accordance with the pro- visions contained herein. Section 12.03.110 Reserved Section 12.03.120 Not Street or Thoroughfare Opening The location, depiction, establishment or detailed engineering of an existing or proposed street or thoroughfare pursuant to this chapter shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or thoroughfare pr.-'the_�taking or acceptance of any land for street or thoroughfare purposes. Section 12.03.130 Additional Setbacks For the purpose of encourageing reasonable densities, providing for the safety and general welfare, the regulation of building setbacks and front yards as provided in the Official Zoning Ordinance shall prevail along existing and proposed streets, except that along those streets with functional classifications to accommodate additional volumes of traffic than expected on minor streets (collector and access streets), an increase in building set- backs and side, rear and front yards, on each side of the street shall be established and maintained as follows: -5- (a) Primary Arterial, includes Primary State Highway, . . . o . . . . . . additional 15 feet. Section 12.03.140 Variances A. In the event the terms of this chapter create an Unnecessary hardship for property or the use thereof, or' where the particular street or thoroughfare program is not contemplated for improvement or detailed engineering for a considerable time the board may grant variances from the literal application of this chapters being guided by the purpose of this chapters, the applicable standards for gram - ing variances under the Official Zoning Ordinance and the health, safety and general welfare of the community, pro- vided, in the event the applicant for variance requests constructiDn or improvement within the required building set- back space or yards, or within proposed street or thorough- fare rights -of -way, the owner shall file as a condition to the variance a waiver of claims of damages for the removal of any building, structure or improvement that may be in the restricted area when the street or thoroughfare is subse- quently improved, opened or widened. B. The board may in determining such application, make reasonable exceptions and grant a variance subject to con- ditions that will assure adequate access for fire equipments ambulances and other emergency equipments street and utility, improvements and equipment thereofre, and preserve the in- tegrity and purposes of this chapter. C. The board may continue any public hearing thereon to a day certain without additional public notice for the purpose of requesting review by department heads, the comm- ission;. or the City Council. Section 12.03.160 Streets to be widened The following is a table of streets and thoroughfares that are proposed to be widened and are set forth on the official maps and plans. All regulations of this chapter applicable to official maps and plans and property abutting thereto or otherwise affected thereby, shall be equally applicable to the streets and thor- oughfares set forth below whether or not they for any reason are not included on the official maps and plans: STREET RIGHT OF WAY WIDTH EXISTING FUTURE 68th Ave. W.: 160th St. S.W. to 40' to 60' 60' 68th 70th 72nd 74th 75th 164th St. S.W. Ave. W.: 158th 160th St. S.W. Ave. W.: 156th 160th St. S.W. Ave. W.: 176th 179th St. S.W. Ave. W. 241st McAleer Way St. S_W_ to St. S.W. to St. S.W. to St. S.W. to Pl.W.: 156th St. S.W. to 76th Ave. W. 40' 50' 40' 60' 40' to 60' 60' 40' 50' 40' 60' 76th Ave. W.: Meadowdale BeadhRoad to 244th St. S.W. 302 to 60' 6V to 803 78th Ave. W.: 236th St. S.W. to 238th St. S.W. 30' 60' 80th Ave.W.: 180th St. SoW. to 196th St. S.W. 302 to 60' 60' 82nd Ave. W.: lst St. S.E. to 204th St. S.W. 40' to 50' 602 84th Ave. W.: 182nd St. S.W. to 198th St. S.W. 30' to 60' 60" 84th Ave. W.: 200th St. S.W. to 204:th St. S.W. 303 to 60' 60' 88th Ave. W.: Olympic View Drive to Main St. 30' to 60' 60' 2nd Ave.: North from Edmonds St. 200' 40' 5011 8th Avenue: 15th St. to Birch St. 40' to 50' 60's 8th Avenue: Daley St. to Casper St. 50' 60' 9th Avenue: Daley St. to Casper St. 302 60' 9th Avenue: Puget Dr. to 191st St. S.W. 40' to 50' 60' llth Avenue: Laurel St. to Bowdoin Way 45' to 60' 60' 13th Avenue: 218th St. S.W. to Bowdoin Way 403 to 60' 60' 15th Avenue: Pine St. to Bowdoin Way 403 to 50' 50' 17th Place S.: Main St. to 18th Ave. S. 403 to 60' 60' 18th Ave. S.: 17th Place S. to 1st St. S'oE. 50' 60' 20th Place S.: Main St. north to hammerhead 253 352 21st Ave. S.: 206th St. S.W. to 218th St. S.W. 252 to 60' 60' 156th St. S.W.: 70th Ave. W. to 72nd Ave. W. 40' 50' 160th St. S.W.: 68th Ave. W. to 70th Ave. W. 40' 60' 173rd St. S.W.: West of 76th Ave. W. 20' 502 174th St. SoW.: Olympic View Drive to 72nd Ave. W. 30' 602 175th St. S.W.: West of 76th Ave.W. Varies 50' 176th St. S.W.: 68th Ave. W. to 72nd Ave. W. 40' to 50'' 60' 180th St. S.W.: 80th Ave. W. to Olympic View Dr. 30' 60' 184th St. S.W.: 80th Ave. W. to Sunset Way 363 to 50' 60' 186th St. S.W.: 80th Ave. W. to 150' east 50' 60" 191st St. S.W.: Olympic View Dr. to Sound View Pl. 50' 60'= 192nd St. S.W.: 88th Ave. W. to 92nd Ave. W. 50.2 606 196th St. S.W.: 76th Ave. W. to 88th Ave. W. 603 80' 200th St. S.W.: 76th Ave. W. to 91st Pl. W. 4W to 50' 603 205th Pl.S.W.: 88th Ave. W. to 91st P1. W. 40' 50' 206th St. S.W.: 76th Ave. W. to 82nd Ave. Wo 40' to 55' 60' -7- 230th St. S.W.: 76th Ave. W. to Highway 99 40' 60' 234th St. S.W.: 76th Ave. W. to Highway 99 403 toC60' 60' 240th St. S.W.: 78th Ave. W. to Highway 99 30' to 40' 60' 242nd St. S.W.: 76th Ave. W. to Highway 99 40' to 603 60' Andover St.: 184th St. S.W. to Olympic View Dr. Varies 60' Blake Place: West of Olympic View Drive 19' to 252 50' Brookmere St.: 9th Ave. N. to loth Ave. N. 303 to 40' 503 Carol Way: 9th Ave. N. to loth Ave. N. 45' 503 Erben Drive: 3rd Ave. to 5th Ave. 20' 403 Forsyth Lane: 5th Ave. to 6th Ave. 152 50' Frederick Place: from Talbot Road 502 603 Hindley Lane: 8th Ave. N. to 9th Ave. N. 40' 50' Howell Way: 3rd Ave. to 5th Ave. 4011 551 Meadowdale Road: 68th W. to Haines Wharf 40' 60' Meadowdale Beach Road: Olympic Vw. Dr. to 76th Ave. W. 40 to 50' 60' Melody Lane: 8th Ave. N., West to Cul-de-sac Varies 40' Olympic Ave.: Main St. to Glen St. 40' to 60' 60' Pine Street: 3rd Ave. to 5th Ave. 30' 50' Puget Drive: Olympic Ave. to 9th Ave. N. 40' 60= Puget Way: 9th Ave. N. east to Cul-de-sac 302 508 Sound View Pl: 191st St. S.W. to Wharf St. 40' to 60' 60' Spruce St.: llth Ave. to 9th Ave. 40' to 452 50' Talbot Road: Olympic View Dr. to 171st St. S.W. 40' to 50' 60' Section 12.03,169 Application fees A service charge of twenty-five dollars shall be made on all applications requiring administrative processing and handling proposed amendments to the official street or thoroughfare plans or maps. (This section shall be codified as section 12.01.035.) Section 12.03.180 Amendments The procedure for amend- ments: supplementations or modifications of this chapter or the official maps and plans adopted herein and made a part hereof shall be the same as prescribed in the official zoning ordinance, Section 12.16.170 of the Edmonds City Code. Section 12.03.190 Severabilitv In the event any sec- tion, phrase, word, map or plan, whatsoever, or combinations thereof, of this chapter shall for any reason be held invalid the remaining portions of this chapter shall remain in full force and effect. Section 12.13.200 Penalties. If any person or persons, firm or firms, or organization or organizations of any kind or description, violate the provisions of this chapter or any part thereof, said person or persons, and the officers and directors of any firm or organization, shall be subject to a fine not to exceed $500.00 or imprisonment for a period of not to exceed the term of three months, or both, for each offense or failure to comply, and each day of continuing violation or failure to comply shall constitute a separate offense. APPROVED: ,_C0R00?N MAXWELL® MAYOR i ATTEST: CITY CLERK r% PASSED BY THE CITY COUNCIL: SEP 19 1967 FILED WITH THE CITY CLERK: SEP 19 1967 PUBLISHED: SEP 2 7 1967 Im