Ordinance 35690006.90000
WSS /gjz
9/28/05
ORDINANCE NO. 3569
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO ADOPT A NEW CHAPTER 16.77
MPOR - MASTER PLANNED OFFICE - RESIDENTIAL,
AMENDING THE PROVISIONS OF SECTION 21.40.030
HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, an application was filed with the City by the Hotel Group as File No.
CDC - 2005 -46 requesting amendment of the City's zoning code in order to adopt new provisions
relating to Master Planned Office - Residential zoning in order to implement policies contained
in the City's 2004 comprehensive plan process adopted in 2005; and
WHEREAS, the City Council has received the recommendations of its Planning
Board regarding the adoption of a new Chapter 16.77 MPOR - Master Planned Office -
Residential, as well as an amendment to the, definition of height as contained in ECDC
21.40.030; and
WHEREAS, the City Council held a public hearing regarding such amendments
on September 19, 2005, the original hearing having been postponed at the request of an attorney
representing members of the public; and
WHEREAS, the City Council deems it to be in the public interest to implement
the policies of its comprehensive plan by the adoption of a new chapter creating a Master
Planned Office - Residential (MPOR) zone and to amend the definition of height in order to
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accommodate the goals and purposes of that zone in light of the typography of the area
designated for the use in its comprehensive plan; and
WHEREAS, the City Council has carefully weighed the benefits of adopting a
broader zone versus that of one narrowly tailored to the area now designated in the
comprehensive plan and believes it appropriate to take a step by step approach in order to assess
the impact of the new zone on the surrounding neighborhood and the City as a whole as well as
its economy therefore enabling the City Council to make a reasoned decision regarding future
applications of the zone, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended to
adopt a new Chapter 16.77 MPOR - Master Planned Office - Residential to read as follows:
Chapter 16.77
MPOR — Master Planned Office- Residential
Sections:
16.77.000 Purposes.
16.77.010 Uses.
16.77.020 Site Development Standards.
16.77.030 Operating Restrictions.
16.77.000 Purposes.
A. The Master Planed Office - Residential (MPOR) zone is
intended to be applied to areas designated in the comprehensive
plan for master planned or transitional development, or areas
requiring special design considerations due to unique site
constraints or their location between potentially incompatible uses,
consistent with the following purposes: To provide for a
transitional area between different use areas, such as between
single family and commercial or multiple family uses, consistent
with the city's comprehensive plan.
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B. To allow for development that is sensitive to the residential
uses in the neighboring area.
C. To restrict commercial and multiple residential uses in
scale and intensity so as to reduce noise, parking and traffic
impacts on the adjacent residential neighborhood.
D. To allow flexible site design to provide for economical and
functional development on sites that include difficult topographical
or other circumstances requiring unusual design solutions.
E. To permit construction in accordance with a Master Plan
concept and site design that is visually pleasing.
F. The height limit and calculations procedures established for
this zone have been adopted after full consideration of the
topographical constraints of sites within the zone. Variances are
not available under current City code provisions in order to make
more profitable use of a property. In adopting these provisions, the
City Council has specifically provided for, and made allowances
for, the site constraints and topographical features inherent in
development of the designated MPOR sites. Therefore, no other
height variance would typically be available absent a special
showing of constraints unanticipated on the date of adoption of this
ordinance.
16.77.010 Uses.
A. Permitted Primary Uses. Any combination of the following
uses is permitted:
1. Single - family dwellings; and/or
2. Offices and service uses; and /or
3. Multiple Dwelling Unit(s); and/or
4. Neighborhood parks, natural open spaces, and community
parks with an adopted master plan subject to the requirements of
ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Off - street parking and loading areas to serve a permitted or
conditional use;
C. Primary Uses Requiring a Conditional Use Permit.
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I . Local public facilities subject to the requirements of ECDC
17.100.050;
2. Wholesale uses;
3. Laboratories where use impact is equivalent to office uses;
4. Counseling centers where use impact is equivalent to office
uses.
16.77.020 Site Development Standards
A. Any development located in an MPOR zone shall be
subject to design review in accordance with Chapter 20.10 ECDC.
B. Density. Single family dwelling units shall have a
maximum density of not more than 7.3 dwelling units per acre.
Multiple family dwelling units shall have a maximum density of
not more than 29.2 dwelling units per acre. Density is the
maximum number dwelling units permitted per acre and shall be
rounded down to the nearest whole number.
C. Height. The maximum height for structures in the MPOR
zone shall result in buildings that are not more than twenty -five
(25) feet in height as determined in accordance with ECDC
21.40.030(c)(1). During the master plan review of any project, an
application must specifically address the height and mass of the
prof ect.
D. Transition. Uses and buildings on the property shall be
arranged to provide a transition from more intensively zoned areas
(e.g. commercial or multifamily zones) to areas that are designated
for less intensive uses (e.g. single family zones). Techniques used
to provide a transition shall include at least three of the following.
1. setbacks;
2. building height and /or massing;
3. lot coverage;
4. landscape features visible to the public, such as courtyards,
open space and/or decorative landscaping.
When designing a transition from an MPOR -zoned site to
adjoining properties, the techniques employed shall result in a
logical transition from the site to the bulk standards of the zone
applied to the adjoining property. When the MPOR zone is not
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adjacent to another property — due to an intervening right -of -way,
for example — then the combination of the selected techniques and
their application to the property shall result in a transition
appropriate to the site's location and its relation to the adjoining
street front.
E. Signs, Parking, Landscaping and Design Review. See
Chapters 17.50, 20.10, 20.12 and 20.60 ECDC. Signage shall be
regulated as in an RS zone unless otherwise specified as part of an
approved master plan.
F. Satellite Television Antennas. Satellite television antennas
shall be regulated as set forth in ECDC 16.20.050.
G. Master Plan Required.
1. No development shall be permitted in an MPOR zone
unless a Master Plan has been prepared and approved by the City
Council, identifying potential land uses and densities as set forth in
(G)(2), below.
2. A Master Plan shall describe the land use parameters and
relationships to guide future site development. The plan shall, in a
general manner, define the site layout by showing development
areas by type of use, circulation patterns, site access, residential
densities (if applicable) maximum square footage of non-
residential uses (if applicable), and any open space areas and
buffers. The plan shall also illustrate the relationship between the
site and adjoining properties.
3. All property identified in the Master Plan shall be
developed in a manner consistent with the provisions of the Master
Plan.
4. It is intended that site layouts, the range and intensity of
uses, access, and circulation shall be depicted in both graphic and
narrative form in a general manner. Subsequent to the adoption of
a Master Plan, more detailed site and design information shall be
submitted for review in accordance with Chapter 20.10 ECDC.
The applicant also has the option of submitting a Master Plan
concurrently with a specific site design. Other necessary
applications, such as subdivision, Binding Site Plan (BSP), or
Planned Residential Development (PRD), may also be submitted
concurrently. If submitted concurrently, the city shall review the
applications concurrently. However, no site design or other
approval shall be granted until such time as the Master Plan is
approved.
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5. A Master Plan may be approved as a comprehensive plan
amendment or as a contract rezone. The planning advisory board
and City Council shall review and act upon a proposed Master Plan
in accordance with the provisions of 20.100.020 and 20.100.030
ECDC, except in the case of a PRD, which shall be reviewed in
accordance with the provisions of 20.35 ECDC.
16.77.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely
within a completely enclosed building, except:
1. Outdoor residential and office decks
2. Public utilities and parks;
3. Off - street parking and loading areas, and commercial
parking lots;
B. Drive -in businesses are expressly prohibited.
C. Nuisances. All uses shall comply with Chapter 17.60
ECDC, Performance Standards.
Section 2. The Edmonds Community Development Code Section 21.40.030
Height is hereby amended to read as follows:
21.40.030 Height.
A. Height means the average vertical distance, from the
average level of the undisturbed soil of the site covered by a
structure, to the highest point of the structure. (See Section C
below for exceptions to this rule.
B. "Average level" shall be determined by averaging
elevations of the downward projections of the four corners of the
smallest rectangle which will enclose all of the building, excluding
a maximum of 30 inches of eaves. If a corner falls off the site, its
elevation shall be the average elevation of the two points projected
downward where the two sides of the rectangle cross the property
line. See Section C.1. below for exception to this rule).
C. Height Exceptions.
1. In the MPOR zone "height" means the vertical distance
above the average elevation of the top of the curb adjacent to the
subject property, within the public right -of -way. Average shall be
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measured averaging the elevation of the curb at the points where
the projected property lines and the curb intersect. Where no curb
or sidewalk exists, use the designed curb elevation. (See the
remaining provisions in this subsection for exceptions to this rule).
2. Church steeples;
3. Elevator penthouses, not to exceed 72 square feet in
horizontal section, or three feet in height, for that portion above the
height limit;
4. Chimneys, not to exceed nine square feet in horizontal
section or more than three feet in height, for that portion above the
height limit. In RM districts, chimneys shall be clustered. No
multiple -flue chimney shall exceed 39 square feet in horizontal
section. The first chimney shall not exceed nine square feet in
horizontal section, and other chimneys shall not exceed six square
feet in horizontal section;
5. Vent pipes not to exceed 18 inches in height above the
height limit; and
6. Standpipes not to exceed 30 inches in height above the
height limit.
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. 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:
MAYOR OR G Y HAAKENSON
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ATTEST /AUTHENTICATED:
2A.0,41'� ,e' eL�
CITY CLERK, SANDRA S. CHASE
/_ I > > K o ] i/ � l
OFFICE OF THE Cl ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/21/2005
PASSED BY THE CITY COUNCIL: 10/25/2005
PUBLISHED: 11/02/2005
EFFECTIVE DATE: 11/07/2005
ORDINANCE NO. 3569
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SUMMARY OF ORDINANCE NO. 3569
of the City of Edmonds, Washington
On the 25th day of October, 2005, the City Council of the City of Edmonds,
passed Ordinance No. 3569. 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 COMMUNITY DEVELOPMENT CODE TO ADOPT A NEW CHAPTER 16.77
MPOR - MASTER PLANNED OFFICE - RESIDENTIAL, AMENDING THE PROVISIONS
OF SECTION 21.40.030 HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of October, 2005.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCE NO. 3569
of the City of mon s, as mgton l
1 On the 25th day of October, 2005, the City Council of the
City of Edmonds, passed Ordinance No. 3569. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
j AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING THE EDMONDS COMMUNITY DEVEL-
OPMENT CODE TO ADOPT A NEW CHAPTER 16.77
MPOR - MASTER PLANNED OFFICE - RESIDENTIAL,
AMENDING THE PROVISIONS OF SECTION 21.40.030
HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full taut of this Ordinance will be mailed upon request.
DATED this 26th day of October, 2005.
CITY CLERK, SANDRA S. CHASE
Published: November 2, 2005.
last
KIOV 0 7 2005
EDMONDS CITY CLERK
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. 3569
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:
November 02, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
sworn to before me this
day of November, 2005
2nd
R' +' AST
j OS$IU
Notary Public in or�fhe State of Washington, residing at
County. /
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OF
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001345673