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Ordinance 34300006.90000 WSS /gjz 12/5/02 ORDINANCE NO. 3430 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN TO IDENTIFY CERTAIN PROPERTIES LOCATED BETWEEN EDMONDS WAY AND 228TH STREET SOUTHWEST AND BETWEEN 95TH PLACE WEST AND 96' PLACE WEST AS MULTI- FAMILY/HIGH DENSITY; DENYING A REQUEST TO REZONE CERTAIN PROPERTY LOCATED AT 9521 TO 9531 EDMONDS WAY FROM RS -8 TO RM =1.5; REFERRING THE ISSUE TO THE PLANNING BOARD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of its Planning Board dated November 13, 2002 recommending a Comprehensive Plan amendment for certain property located between Edmonds Way and 228th Street Southwest and between 95th Place West and 96th Place West, all as shown on the attached Exhibit A, from single - family /small lot to multi - family/high density, and WHEREAS, the Planning Board recommended denial of an application to rezone certain property located at 9521 to 9531 Edmonds Way from RS -8 to RM -1.5, and WHEREAS, on December 3, 2002, the City Council held an open public hearing regarding the legislative action for changing a Comprehensive Plan designation and a closed record review of the recommendation to rezone the property at 9521 to 9531 Edmonds Way, and WHEREAS, based upon the evidence deduced, the City Council finds that it is in the public interest to change the Comprehensive Plan in order to identify the property described {WSS532592.DOC;1/00006.090000/1 - 1 - in the application, File No. CDC -01 -215 from single - family /small -lot to multi - family/high density, and WHEREAS, the City Council determines that the rezone of the property located at 9521 to 9531 Edmonds Way and described in File No. R -01 -216 fails to meet the criteria for rezone in that the potential impacts from development of the property in isolation would potentially detrimentally impact the surrounding neighborhood and the traffic flow along the adjacent right -of -way of SR 104, under current code and Comprehensive Plan provisions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Certain property described in File No. CDC -01 -215 located between Edmonds Way and 228th Street Southwest and between 95th Place West and 96th Place West, as shown on the attached Exhibit A is and shall be identified on the Edmonds Comprehensive Plan as "multi - family/high density." The Planning Director is hereby authorized to change the designations of such property on the City's Comprehensive Plan documents and maps. Section 2. A rezone application as shown in File No. R -01 -216 for real property located at 9521 to 9531 Edmonds Way and shown on the attached Exhibit B from RS -8 to RM- 1.5 is denied. In addition to the findings contained herein, the City Council adopts the Planning Board's recommendation of November 13, 2002 as its findings and conclusions in regard to such application. Because the zoning designation of the properties is now inconsistent with the Comprehensive Plan, the City Council refers the zoning of this site, along with the zoning of any adjacent parcel within the area for which the Comprehensive Plan designation has been changed pursuant to Section 1 above to the Planning Board for consideration in conjunction with a review {WSS532592.DOC;1/00006.090000/} - 2 - of the provisions of the Comprehensive Plan for the "multi- family/high density" designation in order to address the issue of traffic access in the corridor during its Comprehensive Plan and zoning amendment reviews for calendar year 2003. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body; is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY?k GVAAKENSON ATTEST /AUTHENTICATED: ,,� ".d. &, CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) 5�&& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 12/13/2002 PASSED BY THE CITY COUNCIL: 12/17/2002 PUBLISHED: 12/25/2002 EFFECTIVE DATE: 12/30/2002 ORDINANCE NO. 3430 {WSS532592.DOC;1/00006.090000/} - 3 - SUMMARY OF ORDINANCE NO. 3430 of the City of Edmonds, Washington On the 17th day of December, 2002, the City Council of the City of Edmonds, passed Ordinance No. 3430. 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 COMPREHENSIVE PLAN TO IDENTIFY CERTAIN PROPERTIES LOCATED BETWEEN EDMONDS WAY AND 228TH STREET SOUTHWEST AND BETWEEN 95TH PLACE WEST AND 96TH PLACE WEST AS MULTI- FAMILY/HIGH DENSITY; DENYING A REQUEST TO REZONE CERTAIN PROPERTY LOCATED AT 9521 TO 9531 EDMONDS WAY FROM RS -8 TO RM -1.5; REFERRING THE ISSUE TO THE PLANNING BOARD, 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, 2002. CITY CLERK, SANDRA S. CHASE {WSS532592.DOC;1/00006.090000/} - 4 - 0 LO rn 22610 rn Lo 22519 22516 22605 O 00 22604 22615 rn 22608 22618 0) 22613 22612 to 22620 22620 rn 22711 22719 22721 9513 22706 Surb�ect L 9509 9415 22629 22706 r-I LO 0) It- °' °' CO 1� 9713 22710 22718 co rn 9701 9702 Exhibit A af LO rn 9510 w` 9518 9512 Q - 9520 PUD SUB STA. 9524 23003 23001 9401 9504- I 9416 9508 9515 23006 23007 0 9521 N 23009 015 9504 23014 23007 9529 0 9317 0 0 co N 0 r 22519 22518 Lo 22519 22516 22605 22604 22609 22604 22615 22608 22623 22612 22613 22612 22619 22620 22620 22711 22719 22721 9513 22706 Surb�ect L 9509 9415 92705 P-roperties 22715 22713 0 22706 r-I LO 0) It- °' °' CO af LO rn 9510 w` 9518 9512 Q - 9520 PUD SUB STA. 9524 23003 23001 9401 9504- I 9416 9508 9515 23006 23007 0 9521 N 23009 015 9504 23014 23007 9529 0 9317 0 0 co N 0 r 0 22519 rn !Lf N O a, co 22618. 22605 LO 22609 V- 22629 9701 9702 c� �o rn 0 0 N0) 22710 22718 EXHIBIT I rn 9401 9504- I 9416 9508 9317 9510 PA 9518 2x' ww``OCJ 9520 PUD SUB STA. 9524 23003 23001 9515 23006 23007 9521 0 N 23009 co 015 •- N 9504 23014 23007 9529 N 0 22909 22519 22518 22519 22516 22605 22604 22609 22604 22615 22608 22623 22612 22613 22612 22619 22620 22620 22711 22719 22721 9513 22706 SuFb�ect 9509 9415 92705 Properties 22715 22713 22706 rn rn 0 ° I rn 9401 9504- I 9416 9508 9317 9510 PA 9518 2x' ww``OCJ 9520 PUD SUB STA. 9524 23003 23001 9515 23006 23007 9521 0 N 23009 co 015 •- N 9504 23014 23007 9529 N 0 22909 STATE OF WASHINGTON, COUNTY OF SNOHOMISH. SUMMARY OF ORDINANCE NO. 3430 of the City of Edmonds, Washington On the 17th day of December, 2002, the City Council of the City of Edmonds, passed Ordinance No. 3430. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASH - INGTON, AMENDING THE COMPREHENSIVE PLAN TO IDENTIFY CERTAIN PROPERTIES LOCATED BE- TWEEN EDMONDS WAY AND 228TH STREET SOUTH- WEST AND BETWEEN 95TH PLACE WEST AND 96TH PLACE WEST AS MULTI - FAMILY /HIGH DENSITY, DE- NYING A REQUEST TO REZONE CERTAIN PROPERTY. iLOCATED AT 9521 TO 9531 EDMONDS WAY FROM RS -8 TO RM -1.5; REFERRING THE ISSUE TO THE PLANNING BOARD, 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, 2002. CITY CLERK, SANDRA S. CHASE Published: December 25, 2002. Affidavit of Publication S.S. 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. 3430 City of Edmonds 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 25, 2002 and that said newspaper was regularly distributed to its subscribers during all of said period. L Subscribed and sworn to before me this day of December, 200 Notary Public in and for Everett, Snohomish Cou RECEIVED la c r 3 0 2002 EDMONDS CITY CLERK Principal Clerk 26th �- '5sio /v cc +.o •. • `stAOTARy �,•: A as �res %iiig 9� �•ig.p6,.�,�p�a� \\\WASO��