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Ordinance 32500006.150.002(B) PAO /rin 01/29/97 01 /30 /97gjz 08/07/97gjz ORDINANCE NO. 3250 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF 15TH ST SW AT ITS INTERSECTION WITH STATE ROUTE 104 FROM SINGLE - FAMILY RESIDENTIAL (RS -6) TO PLANNED BUSINESS (PB), AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, after numerous public hearings and thorough deliberation the Planning Board recommended and the City Council adopted an amendment to the Edmonds Comprehensive Plan in the vicinity of the area commonly referred to as the Westgate Corridor in order to designate the area for small scale commercial development, and WHEREAS, the City Council has considered two properties located in the area subject to the Comprehensive Plan amendment, such properties identified in a site plan attached as Exhibit A and legally described in Exhibit B, and WHEREAS, the City Council after a public hearing has reviewed the recommendation of the Planning Board and has determined that the proposed amendment should be approved, based upon the following findings of fact and conclusions: 1. The rezone is consistent with the Comprehensive Plan, which promotes small scale commercial development in the Westgate Corridor. 169244 -1- 2. The subject properties are more suitable to commercial development than residential. The properties are adjacent to State Route 104, an area of busy vehicular traffic and commercial activity which creates noise and other impacts incompatible with residential use. 3. Other commercial properties, both grandfathered and commercially zoned, are located in the Westgate Corridor adjacent to or near the subject sites. Commercial development of the subject properties would be compatible with these adjacent uses. The low scale commercial development permitted by the Planned Business Zone provides for compatibility of development on the subject properties with the residential development to the east. 4. Continuing change in the neighborhood has depressed the value of the subject sites as residential properties, such that the highest and best use for the subject sites is commercial development. 5. There are no significant environmental impacts associated with the rezone that cannot be appropriately mitigated. 6. Based upon the preceding findings, the City Council concludes that the proposal is consistent with the Comprehensive Plan, that the relationship of the existing zoning with the property has significantly changed and justifies a rezone, that the property is economically and physically best suited for the uses permitted under the planned business zone and that the relative gain of the public health, safety and welfare from the rezone would be increased commensurate with the value of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The official zoning map of the City of Edmonds as adopted by ECDC 17.00.010 is hereby amended to change the zoning classification for the properties described on the attached Exhibits A and B from RS -6 (single - family residential - -6,000 sq. ft.) to Planned 169244 -2- Business (PB). The legal descriptions of the properties to be rezoned are set forth in the attached Exhibit B and incorporated by this reference as if set forth in full. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. Section 3. 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 4. Effective Date. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by unanimous vote of the members of the City Council. ATTEST /AUTHENTICATED: 29'8('W, -If e� CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: APPROVED: MAYOR, BARBARA S. F-PAAHE M— OFFICE OF H Y AT ORNEY: BY FILED WITH THE CITY CLERK: 04/30/99 PASSED BY THE CITY COUNCIL: 05/04/99 PUBLISHED: 05/13/99.- EFFECTIVE DATE: 05/04/99 ORDINANCE NO. 3250 169244 -3- BN 226TH PL S Rezone from RS -6 to BP 0 V N-q lk Site Plan 14TH WY SW R •6 14TH WY SW S\N A 5! J Exhibit I EXHIBIT B Those portions of the southwest quarter of Section 25, Township 27 North, Range 3 East, W.M.; described as follows: Lots 5 and 6 of Bel Aire Division A, as recorded in Volume 19 of plats, Page 106, Records of Snohomish County, Washington; except that portion within the right of way of State Route 104 SUMMARY OF ORDINANCE NO. 3250 of the City of Edmonds, Washington On the 4th day of May, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3250. 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 OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF 15TH ST SW AT ITS INTERSECTION WITH STATE ROUTE 104 FROM SINGLE - FAMILY RESIDENTIAL (RS -6) TO PLANNED BUSINESS (PB), AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5' day of May, 1999. CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOMISH, JUMMARY "D ON N .3250 .of t e ity c: dmonds, Washington On the 4th day of May, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3250. 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 OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES' OF 1STH TO AND The full text of this Ordinance will be mailed upon request. DATED this 5th day of May, 1999. EXHIBIT B Those portions he -oFt southwest quarter of Section 25, Township '27 North, Range 3 East, W.M.; described as follows: Lots 5 and 6 of Be( Aire Divi- .sion A, as recorded in Volume 19.of plats, Page 106, Records_ of Snohomish County, Wash- except that portion withirrthe right of way of State Route 104 CITY CLERK, SANDRA S. CHASE Published: May 13, 1999. B -2 -1 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 ......... ............................... Summlary of Ordinance No. 3250 ..................... ............................... ....... .................................................................................. ............................... ..................... 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: .............. May 13, 19.9.9 ....................................................................................................... ............................... and that said newspaper was regularly distributed to its subscribers during all of said period. }? a, :C,_- I ;� Principal Clerk Subscribed and sworn to before me this........ 13th Y j �.......... ............. 199 ..... ...................... 7 ....... Notary Public in and for th State f Washington, / residing at Everett, Snoho ish Cooty. 4���e6Srrv° \p N Ek a � o NOTARY N i 1pkj �N1; ,• 200: 4f �F VVA fill