Ordinance 31780006.150.001(6)
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12/3/97
ORDINANCE NO. 3178
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS
COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE
PROPERTY IN AN AREA LOCATED AT 10014 238TH ST.
S.W. FROM SINGLE FAMILY RESIDENTIAL TO
NEIGHBORHOOD COMMERCIAL, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, RCW 36.70A.130 states that proposed amendments to a
comprehensive plan are to be considered no more frequently than once a year, and
WHEREAS, as required by ECDC 20.00.010, proposed amendments to the
Edmonds Comprehensive Plan were submitted to the City of Edmonds for the 1996
Comprehensive Plan amendment review process by November 1, 1996, and
WHEREAS, the Edmonds Planning Board has reviewed the requested amendments
in a series of public hearings on March 12, 1997, May 28, 1997, June 25, 1997 and July 7,
1997, and
WHEREAS, as part of those hearings the Planning Commission considered a
Comprehensive Plan Concept Map amendment for property located at located at 10014 238th
ST. S.W. from Single Family Residential to Neighborhood Commercial, and
WHEREAS, the vicinity map for the subject property is attached as Exhibit A,
and
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WHEREAS, the Edmonds Planning Department has recommended approval of
the requested amendment, and
WHEREAS, the Planning Commission has recommended approval of the
requested amendment, and
WHEREAS, the City Council, on October 7, 1997, after public hearing, has
approved the requested amendment, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Council approves the application for an amendment
of the Comprehensive Plan Concept Map for the property described in Exhibit A from Single
Family Residential to Neighborhood Commercial. In support of its approval, the City Council
adopts the findings and conclusions in the Edmonds Planning Department staff report, a copy
of which is attached as Exhibit B and incorporated by this reference as if set forth in full. Based
upon the attached findings and conclusions, and concurrent review of all 1996 proposed
Comprehensive Plan amendments and their cumulative impacts, the City Council also makes the
following findings as required by ECDC 20.00.050:
A. The proposed amendment is consistent with the
provisions of the Edmonds Comprehensive Plan and is in
the public interest; and
B. The proposed amendment is not detrimental to the
public interest, health, safety or welfare of the city; and
C. The proposed amendment maintains an appropriate balance of land
uses within the city; and
D. The subject parcel is physically suitable for the requested land use
designation and anticipated development, including access, provision of
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utilities, compatibility with adjoining land uses and absence of physical
constraints.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect at 12:01 a.m.,
February 1, 1998.
APPROVED:
MAYOR, BARBARA 7
ATTEST /AUTHENTICATED:
'44'e .If. ZzL `
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CATY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 12/12/97
PASSED BY THE CITY COUNCIL: 12/16/97
PUBLISHED: 12/21/97
EFFECTIVE DATE: 02/01/98
ORDINANCE NO. 3178
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� Vicinity and Zoning Map
Exhibit A
Item #9
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CITY OF EDMONDS
250 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
TO: PLANNING BOARD
FROM:
Robert Chave, AICP
Planning Manager
DATE: March 21, 1997
FILE: CDC- 97 -29, ITEM #9
Jeffrey S. Wilson, AICP
Current Planning Supervisor
HEARING DATE, TIME, AND PLACE: March 26, 1997 at 7:00 P.M.
Plaza Room - Edmonds Library
650 Main Street
TABLE OF CONTENTS
Section
Page
Application.................... ...............................
Recommendation..................... ............................... ......................... ............................... 2
Site Description ................................................................................................... ............................... 2
History..............................................................:.................................................. ............................... 2
Comprehensive Plan (ECDC) ...... ............................... 2
Edmonds Community Development Code (ECDC) Com li 2
Appendices .................... ............................... Compliance 3
Exhibit B
C,
1. INTRODUCTION
A. APPLICATION
I. Applicant: Sellers/ Neff
2. Site Location: Between 100th AV W and 101st AV W, at approximately 238th ST
SW.
3. Re uest: Comprehensive Plan Map Amendment to "Neighborhood Commercial"
4. Review Process: Comprehensive Plan Amendment; Planning Board makes
recommendation to the City Council for final action.
B. RECOMMENDATION
Based on Statements of Fact, Conclusions, and Attachments in this report, we recommend
approval of the applicant's request.
11. FINDINGS OF FACT AND CONCLUSIONS
A. SITE DESCRIPTION
1. Site Characteristics:
a. Size and Shape: Approx. 0.8 acres.
. b. Existing Zoning: RS -8 (Single Family)
C. Existing Land Use: Gasoline service station (Texaco).
2. Neighboring Characteristics:
a. North: Single family neighborhood.
b. South..: Single family neighborhood; automobile service garage in the BN zone
between Firdale AV and 100th AV W. A small dental office is immediately
south of the property.
C. East: Single family neighborhood.
d. West: Single family neighborhood.
B. HISTORY
1. No recent changes in zoning have occurred. The subject property was annexed to the
City in December 1995. Comprehensive plan and zoning classifications comparable to
existing County designations were applied at the time of annexation.
C. COMPREHENSIVE PLAN (ECDC)
1. a. Fact: The Comprehensive Plan Map currently designates the property as Single
Family."
The following policies are contained in the Comprehensive Plan's discussion of
. Neighborhood Commercial development:
Staff Report: Item 9 Page 2
E. Goals for Neighborhood Commercial Areas. Neighborhood commercial
areas are intended provide services and convenient shopping for local
• neighborhoods. They are small in area and building scale (not more than
two stories), with an emphasis on pedestrian access for local residents.
E.1. Neighborhood scale commercial development (convenience stores)
should be located at major arterial intersections and should be designed to
minimize interference with through traffic.
P-.�
E.Z. Permit uses in neighborhood commercial areas that are intended to
serve the local neighborhood.
b. Fact: The immediate vicinity is dominated by single family uses, with the
exception of this intersection.
c. Conclusion: The requested change to a neighborhood commercial designation is
consistent with the existing use pattern.
D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE
a. Fact: Zoning classifications are intended to be applied consistent with the
Comprehensive Plan. The existing RS-8 (Single Family) zoning classification is
consistent with the current Comprehensive Plan designation.
b. Fact: If the Comprehensive Plan Map Amendment is approved, the existing
single family zoning classification would not be consistent with the
Comprehensive Plan and would need to be changed to a BN (Neighborhood
Business) classification:
The BNzone has the following specific purposes in addition to the general
purposes for business and commercial zones listed in Chapter 16.40 ECDC:
A. To reserve areas, for those retail stores, offices, retail service
establishments which offer goods and services needed on an everyday basis
by residents of a neighborhood area;
A To ensure compact, convenient development patterns by allowing uses
that are operated chiefly within buildings.
C. Fact: The existing BN zoning classification to the south of the subject property
is not consistent with the existing Comprehensive Plan designation. Either the
existing zoning or Comprehensive Plan designation should be changed.
d. Conclusion: The existing zoning will need to be changed if the Comprehensive
Plan Map Amendment is approved. Consideration should also be given to
extending the Map Amendment to include the existing BN zone to the south.
III. APPENDICES
1. Public Notice / Vicinity Map
2. Letter from Applicant
Staff Report. Item 9
Page 3
LAW OFFICE OF
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n is
40�,% Avenue: South
Edmonds, jV�hhington 98020
f <0 9 775 - 2751..
June 21, 1996
Robert Chave, AICP
City of Edmonds
Planning Division
250 - 5th Ave. No.
Edmonds, WA 98020
Re: Woodway Dental Clinic
Dear Mr. Chave:
This letter is a follow-up to our discussion of June 18, 1996.
As I indicated, I represent Dr. Ted Neff who is the owner of the Woodway Dental
Clinic at 10014 - 238th S. W., which is presently leased to Dr. Ed Cardiff. The
Woodway Dental Clinic is directly across 238th from the Woodway Texaco at
23726 - 100 Ave. W. Both properties are on corners of 100 Avenue W. and 238th
S. W. as indicated on the enclosed map.
This area was recently annexed to the City of Edmonds and it is my understanding
that both the Dental Clinic and the Texaco Station are currently zoned RS -8. It is
my further understanding from our discussion that the City of Edmonds will
commence a review of the comprehensive plan for the area this summer.
The site ofthe Woodway Dental Clinic has been used as a dental office for over
thirty -five (35) years. My client is naturally most interested in a permanent zoning
classification which will allow him to continue the use of th a property which has been
long established. Dr. Cardiff also desires to make certain improvements to the
building. My- review of the Edmonds zoning code and the existing land use pattern in
the area indicates that Neighborhood Business (NB) zoning would. be appropriate for
the Woodway Dental Clinic site.
It is my understanding from our discussion that the City will provide notice to my
client of all future hearings regarding the comprehensive plan and rezone proposals.
I request that notice also be provided to this office. In addition, I hope you do not
mind if I touch base with you periodically to determine concerns of the planning staff
and likely recommendations regarding the subject property.
It was a pleasure discussing this matter with you and I look forward to future
communications with you and other members of the planning staff.
Very truly yours,
ileel 4
Walter C. Sellers
WCS/bl
Enc.
cc: Ted Neff
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SUMMARY OF ORDINANCE NO. 3178
of the City of Edmonds, Washington
On the 16th day of December , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3178 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS
COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE
PROPERTY IN AN AREA LOCATED AT 10014 238TH ST.
S.W. FROM SINGLE FAMILY RESIDENTIAL TO
NEIGHBORHOOD COMMERCIAL, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of December , 199 7
CLERK, SANDRA S. CHASE
RCW 36.70A.130 Comprehensive plans -- Amendments.
(1) Each comprehensive land use plan and development regulations shall be subject to
continuing evaluation and review by the county or city that adopted them.
Any amendment or revision to a comprehensive land use plan shall conform to this
chapter, and any change to development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public
participation program identifying procedures whereby proposed amendments or revisions of the
comprehensive plan are considered by the governing body of the county or city no more
frequently than once every year except that amendments may be considered more frequently
under the following circumstances:
(i) The initial adoption of a subarea plan; and
(ii) The adoption or amendment of a shoreline master program under the procedures set
forth in chapter 90.58 RCW.
(b) All proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained. However, after appropriate public
participation a county or city may adopt amendments or revisions to its comprehensive plan that
conform with this chapter whenever an emergency exists or to resolve an appeal of a
comprehensive plan filed with a growth management hearings board or with the court.
(3) Each county that designates urban growth areas under RCW 36.70A.I 10 shall review,
at least every ten years, its designated urban growth area or areas, and the densities permitted
within both the incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an urban growth area shall
review the densities permitted within its boundaries, and the extent to which the urban growth
occurring within the county has located within each city and the unincorporated portions of the
urban growth areas. The county comprehensive plan designating urban growth areas, and the
densities permitted in the urban growth areas by the comprehensive plans of the county and each
city located within the urban growth areas, shall be revised to accommodate the urban growth
projected to occur in the county for the succeeding twenty -year period. [1995 c 347 § 106; 1990
1st ex.s. c 17 § 13.]
NOTES:
Finding -- Severability- -Part headings and table of contents not law- -1995 c 347: See notes following
RCW 36.70A.470.
Page[1]
Filed with City Clerk: /a ZIA
Adopted by Reference
Ordinance # .31'7ff on
City Clerk
as
STATE OF WASHINGTON,
COUNTY OF SNOHOmISH, ss
MMARY OF ORDINANCE NO. 3178
the CIIy of.Edmonds Washington
Jay of December, 19s ;7 the Cdy Council of the
s, passed Ordinance 110. 3178. A summary of
:af0 ordinance, consisting.of the title, provfdes
ANCE OF THE CITY OF EDMONDS,
ON, AMENDING THE EDMONDS COM-
E PLAN CONCEPT MAP TO REDESIG-
PERTY IN AN AREA LOCATED AT 10014
S.W. FROM SINGLE FAMILY RESIDENTIAL
1ORH00D COMMERCIAL, AND FIXING -A
J THE SAME SHALL BECOME EFFECTIVE.
>f this Ordinance will be mailed upon request.
8th day of December, 1997.
. CITY CLERK, SANDRA S. CHASE
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Published: December 21, 1997. - 1
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Affidavit of Publication
RECEIVED
DEC 3 0 1997
EDMONDS CITY CLERK
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 ......... ...............................
Summary of Ordinance No. 3178
.............................................. ...............................
....................................................................................................... ...............................
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:
December 21, 1997
....................................................................................................... ...............................
....................................................................................................... ...............................
and !that said newspaper wis $eg4 rly disibuted to its subscribers
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dkring all of said period.
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Principal Clerk
Subscribed and sworn to before me this ........3rd ....................
day of�. December 6 97
................... ..... .................�........:..., 19.........
................5......Se .:,r:. ... ... -- ....................
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Notary Public in and for the State di Washington,
residing at Everett, Snohomish Co.
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