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Ordinance 36190006.90000 WSS /gjz 12/6/06 ORDINANCE NO. 3619 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL EXISTING CHAPTER 16.77 MPOR ZONE AND REPLACING IT WITH A NEW CHAPTER 16.77 OR- OFFICE - RESIDENTIAL, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of its Planning Board recommending amendment of the existing Master Plan Office Residential zone to provide greater specificity for a zone which is a unique transitional area between the downtown business zone and adjacent residential neighborhoods east and north of Sunset Avenue and Bell Street; and WHEREAS, the City Council finds that the proposed ordinance is the result of extensive interaction between neighbors and property owners in the area and provides a balanced solution to neighborhood and development concerns in a manner which is consistent with the best interests of the citizens of the City of Edmonds, 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 by the repeal of Chapter 16.77 MPOR Master Plan Office Residential and the enactment of a new Chapter 16.77 OR- Office- Residential to read as follows: {WSS647339.DOC;1/00006.900000/} - 1 - Chapter 16.77 OR — 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 office- residential (OR) zone is intended to be applied to areas designated in the comprehensive plan for "Planned Residential - Office" development on the west side of Sunset Avenue south of Bell Street. B. This area is appropriate for development which provides for a mix of small -scale office and residential uses which provide a transition between the more intensive commercial uses along Main Street and the residential uses along Sunset Avenue. Because the area of this designation is located adjacent to commercial development to the south, the railroad to the west, and is near both multiple family and single - family residential development, this area should act as a transition between theses uses. 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. The height and setback limits 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 OR sites. Therefore, no other height variance would typically be available absent a special showing of constraints unanticipated on the date of adoption of the ordinance codified in this chapter. 16.77.010 Uses. A. Permitted Primary Uses. Any combination of the following uses is permitted: 1. Single - family dwellings. {WSS647339.DOC;1/00006.900000/} - 2 - 2. Office uses. 3. Multiple dwelling unit(s). 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. 2. All permitted secondary uses allowed in the RS — Single Family Residential zone, as listed in 16.20.010.B. C. Primary Uses Requiring a Conditional Use Permit. 1. Local public facilities subject to the requirements of ECDC 17.100.050; 16.77.020 Site development standards. A Table. SUB MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM MAXIMUM LOT STREET SIDE REAR HEIGHT COVERAGE DISTRIC AREA SETBACK SETBACK SETBACK T I OR None 15' 5' None 25' No maximum I The minimum street setback of 15 feet applies to a building which is no wider than 110 feet. For any part of a building that exceeds 110 feet in width, an additional setback of 15 feet shall apply so that no more than 110 feet of building width is closer than 30 feet to the street lot line. For the purposes of this section, "building width" shall be the total horizontal dimension of that portion of the building facing the street measured parallel to the street. B Parking requirements. See Chapter 17.50 ECDC for specific parking requirements for allowed uses. No parking spaces may be located within the street or side setbacks. C. Signs, Landscaping and Design Review. See Chapters 20.10, 20.12 and 20.60 ECDC for regulations on design review and signage. Signage shall be regulated as in an RM zone. Signage for office uses shall be regulated as in a BN zone, except that no free standing signs shall be permitted. (WSS647339.DOC;1/00006.900000/) - 3 - D. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050. E. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one -third of the required setback, or four feet, whichever is less; provided that they are no more than 30 inches above the ground level at any point. Section 2. 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. - 4-A4�� M OR ()RY RXXKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI Y ATTORNEY: BY ) 5�54�_ W. SCOTT SNYDER FILED WITH THE CITY CLERK: 12/15/2006 PASSED BY THE CITY COUNCIL: 12/19/2006 PUBLISHED: 12/24/2006 EFFECTIVE DATE: 12/29/2006 ORDINANCE NO. 3619 {WSS647339.DOC;1/00006.900000/} - 4 - SUMMARY OF ORDINANCE NO. 3619 of the City of Edmonds, Washington On the 19th day of December, 2006, the City Council of the City of Edmonds, passed Ordinance No. 3619. 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 REPEAL EXISTING CHAPTER 16.77 MPOR ZONE AND REPLACING IT WITH A NEW CHAPTER 16.77 OR- OFFICE- RESIDENTIAL, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of December, 2006. 'CITY CLERK, SANDRA S. CHASE { WSS647339.DOC;1/00006.900000/ }- 5 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH of December, 2006 the City Council of On the 19th day I the City of Edmonds, passed Ordinance No 3619. A summa- ry of the content of said ordinance, consisting of the title, pro- vides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING THE EDMONDS COMMUNITY DEVEL- OPMENT CODE TO REPEAL EXISTING CHAPTER 16.77 MPOR ZONE AND REPLACING IT WITH A NEW CHAPTER WHEN FICE- RESIDENTIAL, AND FIXING A TIME i The full text of this Ordinance will be EFFCTIVE. request. DATED this 20th day of December, mailed 2006. Published: December 24, CITY CLERK, SANDRA S. CHASE 2006. RECEIVED JAN 0 b 2007 EDMONM CM C 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. 3619 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 24, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. C ) sp , Ql�w and sworn to before me this 25th day of December, 2006 NotaryYub ' In and fo� the State of Washington, County. \,,. STA at E erett, ITMUUesh 917 -2008 �_F W4Sr11N' Account Name: City of Edmonds Account Number. 101416 Order Number. 0001465989