Ordinance 36270006.90000
WSS /gjz
2/l/07
R:2 /14 /07gjz
ORDINANCE NO. 3627
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 16.30 RM-
MULTIPLE RESIDENTIAL AND CHAPTER 16.50 BC-
COMMUNITY BUSINESS IN ORDER TO INCORPORATE
CERTAIN CHANGES REGARDING ZONING
REQUIREMENTS ALONG EDMONDS WAY, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, on January 9, 2007, the Edmonds City Council reviewed the an
application to amend the Edmonds Community Development Code in order to adjust the zoning
districts for community business and multi - family residential to better recognize and
accommodate the unique nature and physical constraints of the Edmonds Way entryway to the
City of Edmonds; and
WHEREAS, the City Council received the recommendation of its Planning Board
in this regard, following a public hearing held before the Planning Board; and
WHEREAS, following its own public hearing, the City Council deems it to be in
the public interest to amend these chapters to accommodate additional and more flexible
development requirements for the Edmonds Way corridor; 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 16.30 RM- Multiple Residential in order to incorporate provisions relating
to a new zone to read as follows:
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Chapter 16.30
RM — MULTIPLE RESIDENTIAL
Sections:
16.30.000
Purposes.
16.30.010
Uses.
16.30.020
Subdistricts.
16.30.030
Site development standards.
16.30.040
Site development exceptions.
16.30.000 Purposes.
The RM zone has the following specific purposes in addition to the
general purposes for residential zones of ECDC 16.00.010 and
16.10.000:
A. To reserve and regulate areas for a variety of housing types,
and a range of greater densities than are available in the single -
family residential zone, while still maintaining a residential
environment;
B. To provide for those additional uses which complement and
are compatible with multiple residential uses.
16.30.010 Uses.
A. Permitted Primary Uses.
1. Multiple dwellings;
2. Single - family dwellings;
3. Retirement homes;
4. Group homes for the disabled, foster family homes and
state licensed group homes for foster care of minors; provided,
however, that halfway houses and group homes licensed for
juvenile offenders are not permitted uses in a residential zone of
the city;
5. Boarding houses and rooming houses;
6. Housing for low income elderly in accordance with the
requirements of Chapter 20.25 ECDC;
7. Churches, subject to the requirements of ECDC
17.100.020;
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8. Primary schools subject to the requirements of ECDC
17.100.050(G) through (R);
9. Local public facilities that are planned, designated, and
sited in the capital improvement plan, subject to the requirements
of ECDC 17.100.050;
10. 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. All permitted secondary uses in the RS zone, if in
conjunction with a single - family dwelling;
2. Home occupations, subject to the requirements of Chapter
20.20 ECDC;
3. The keeping of one domestic animal per dwelling unit in
multiple family buildings;
4. The following accessory uses:
a. Private parking,
b. Private swimming pools and other private recreational
facilities,
C. Private greenhouses covering no more than five percent of
the site in total;
5. Commuter parking lots containing less than 10 designated
parking spaces in conjunction with a church, school, or local public
facility allowed or conditionally permitted in this zone. Any
additionally designated parking spaces that increase the total
number of spaces in a commuter parking lot to 10 or more shall
subject the entire commuter parking lot to a conditional use permit
as specified in subsection (D)(2) of this section, including
commuter parking lots that are located upon more than one lot as
specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional Use Permit.
1. Offices, other than local public facilities;
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2. Local public facilities not planned, designated, or sited in
the capital improvement plan, subject to the requirements of ECDC
17.100.050;
3. Day -care centers;
4. Hospitals, convalescent homes, rest homes, sanitariums;
5. Museums, art galleries, zoos, and aquariums of primarily
local concern that do not meet the criteria for regional public
facilities as defined in ECDC 21.85.033;
6. Counseling centers and residential treatment facilities for
current alcoholics and drug abusers;
7. High schools, subject to the requirements of ECDC
17.100.050(G) through (R);
8. Regional parks and community parks without a master plan
subject to the requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Day -care facilities of any size to be operated in a separate,
nonresidential portion of a multifamily residential dwelling
structure operated primarily for the benefit of the residents thereof;
2. Commuter parking lots with 10 or more designated parking
spaces in conjunction with a church, school, or local public facility
allowed or conditionally permitted in this zone.
16.30.020 Subdistricts.
There are established four subdistricts of the RM zone, in order to
provide site development standards for areas which differ in
topography, location, existing development and other factors.
These subdistricts shall be known as the RM -1.5, RM - Edmonds
Way (RM - EW), RM -2.4, and RM -3 zones.
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16.30.030 Site development standards.
A. Table.
1 Roof only may extend five feet above the stated height limit if all portions of
the roof above the stated height limit have a slope of four inches in 12 inches or
greater.
2 RS setbacks may be used for single- family homes on lots of 10,000 square feet
or less in all RM zones.
3 See Chapter 17.50 ECDC for specific parking requirements.
4 See definition of townhouse.
5 Maximum height for accessory structures of 15 feet.
6 The maximum base height of any building fronting on Edmonds Way may be
increased to 30 feet if the following apply to the site and proposed development:
(a) At least 50% of the parking for the subject building shall be enclosed inside
a building or buildings;
(b) The subject property is at least 5 feet lower at its lowest elevation than any
adjacent residentially (R) zoned property measured at its lowest elevation; and
(c) The proposed development integrates low impact development techniques
where reasonably feasible. For the purposes of this section, low impact
development techniques shall include, but shall not be limited to, the following:
the use of bioswales, green roofs, and grasscrete. "Reasonably feasible" shall be
determined based upon the physical characteristics of the property and its
suitability for the technique; cost alone shall not make the use of the impact
development unreasonable or unfeasible.
7 In addition to any height bonus under note 6, the building may extend up to an
additional five feet if all portions of the roof above the height limit, (after adding
the height bonus under Note 6), provide a minimum 15% slope or pitch.
B. Signs and Design Review. See Chapters 20.10 and 20.60
ECDC for regulations.
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Minimum
Lot Area
Minimum
Minimum
Minimum
Maximum
Minimum3
Sub
Per
Street
Side
Rear
Maximum
Coverage
Parking
District
Dwelling
Setback
Setback
Setback
Height
(%)
(Spaces
Unit°
Per Unit)
(Sq. Ft.)
RM -1.5
1,500
15'
10'
15'
25i1,5
45%
2
RM -EW
1,500
15'
10'
15'
25 5,6,7
45%
2
RM -2.4
2,400
15'
10'
15'
25'1,5
45%
2
RM -3
3,000
15i2
15i2
15'
25i1'5
45%
2
1 Roof only may extend five feet above the stated height limit if all portions of
the roof above the stated height limit have a slope of four inches in 12 inches or
greater.
2 RS setbacks may be used for single- family homes on lots of 10,000 square feet
or less in all RM zones.
3 See Chapter 17.50 ECDC for specific parking requirements.
4 See definition of townhouse.
5 Maximum height for accessory structures of 15 feet.
6 The maximum base height of any building fronting on Edmonds Way may be
increased to 30 feet if the following apply to the site and proposed development:
(a) At least 50% of the parking for the subject building shall be enclosed inside
a building or buildings;
(b) The subject property is at least 5 feet lower at its lowest elevation than any
adjacent residentially (R) zoned property measured at its lowest elevation; and
(c) The proposed development integrates low impact development techniques
where reasonably feasible. For the purposes of this section, low impact
development techniques shall include, but shall not be limited to, the following:
the use of bioswales, green roofs, and grasscrete. "Reasonably feasible" shall be
determined based upon the physical characteristics of the property and its
suitability for the technique; cost alone shall not make the use of the impact
development unreasonable or unfeasible.
7 In addition to any height bonus under note 6, the building may extend up to an
additional five feet if all portions of the roof above the height limit, (after adding
the height bonus under Note 6), provide a minimum 15% slope or pitch.
B. Signs and Design Review. See Chapters 20.10 and 20.60
ECDC for regulations.
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C. Location of Parking. No parking spaces may be located
within the street setback.
D. Landscaping. In addition to the landscaping requirements
set forth in Chapter 20.12 ECDC, any development in the RM -
Edmonds Way zone shall retain at least 35% of the existing
healthy significant trees within the side and rear setbacks of the
development site. The applicant shall retain an arborist to
determine the health of all significant trees within the side and rear
setbacks. For the purposes of this section, significant trees shall be
defined as any tree with a caliper greater than 6" measured at 4'
above grade. Where it is not reasonably feasible for the applicant
to retain 35% of the existing healthy significant trees within the
side and rear setbacks, the applicant may replace any significant
trees below the 35% threshold as follows: Each significant tree
removed that reduces the percentage of retained significant healthy
trees below 35% shall be replaced with three new trees, each of no
less than 3" caliper measured at 4' above grade.
16.30.040 Site development exceptions.
A. Housing for the Elderly. Housing projects for the elderly
are eligible for special parking and density provisions. See Chapter
20.25 ECDC.
B. Setback Adjustments. Chapter 20.50 ECDC contains a
procedure for adjusting setback distances and locations in special
situations.
C. Satellite Television Antenna. Satellite television antennas
shall be regulated as set forth in ECDC 16.20.050 and reviewed by
the architectural design board.
D. Setback Encroachments.
(1) Eaves and chimneys may project into a required setback
not more than 30 inches.
(2) Except as authorized by subsection (3) below, 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.
(3) In the RM- Edmonds Way zone, uncovered and unenclosed
porches, steps, patios, and decks may occupy up to one -half of the
required street setback area along Edmonds Way; provided that
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these structures or uses are located no more than 20 feet above the
ground level at any point.
E. Corner Lots. Corner lots shall have no rear setback; all
setbacks other than street setbacks shall be side setbacks.
Section 2. The Edmonds Community Development Code Chapter 16.50 BC-
Community Business is hereby amended to incorporate changes relating to zoning requirements
along the Edmonds Way corridor to read as follows:
Chapter 16.50
BC — COMMUNITY BUSINESS
Sections:
16.50.000 Purposes.
16.50.010 Uses.
16.50.020 Site development standards.
16.50.030 Operating restrictions.
16.50.000 BC and BC - Edmonds Way
This chapter establishes two distinct zoning categories, BC and BC
- Edmonds Way.
16.50.005 Purposes.
The BC and the BC - Edmonds Way zones have 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, service
establishments and amusement establishments which offer goods
and services to the entire community;
B. To ensure compact, convenient development patterns by
allowing uses that are operated chiefly within buildings;
C. To allow for mixed -use development which includes
multiple dwelling unit(s) that support business uses.
D. To implement the policies of the Edmonds' Comprehensive
Plan for the Edmonds Way Corridor.
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E. To meet the goals of the Growth Management Act and the
City of Edmonds' Comprehensive Plan for housing diversity and
economical vitality.
16.50.010 Uses.
A. Permitted Primary Uses.
1. Single - family dwelling, as regulated in RS -6 zone;
2. Retail stores, offices and service uses, excluding intense
uses, such as trailer sales, used car lots (except as part of a new car
sales and service dealer), and heavy equipment sales and services;
3. New automobile sales and service;
4. Dry cleaning and laundry plants which use only
nonflammable and nonexplosive cleaning agents;
5. Printing, publishing and binding establishments;
6. Bus stop shelters;
7. Community- oriented open air markets conducted as an
outdoor operation and licensed pursuant to provisions in the
Edmonds City Code;
8. Multiple Dwelling Unit(s). This use may not be located on
the ground floor of a structure;
9. Churches, subject to the requirements of ECDC
17.100.020;
10. Primary and high schools subject to the requirements of
ECDC 17.100.050(G) through (R);
11. Local public facilities subject to the requirements of ECDC
17.100.050;
12. 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. Limited assembly, repair or fabrication of goods incidental
to a permitted or conditional use;
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2. Off - street parking and loading areas to serve a permitted or
conditional use;
3. Commuter parking lots in conjunction with a facility
meeting the criteria listed under subsections (C)(11) through (14)
of this section, except that the facility may also be located along a
designated transit route in addition to an arterial or collector street.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Wholesale uses;
3. Hotels and motels; .
4 Amusement establishments;
5 Auction businesses, excluding vehicle or livestock
auctions;
6. Drive -in businesses;
7. Laboratories;
8 Fabrication of light industrial products;
9. Convenience stores;
10. Day -care centers;
11. Hospitals, convalescent homes, rest homes, sanitariums;
12. Museums, art galleries, zoos, and aquariums of primarily
local concern that do not meet the criteria for regional public
facilities as defined in ECDC 21.85.033;
13. Counseling centers and residential treatment facilities for
current alcoholics and drug abusers;
14. Regional parks and community parks without a master plan
subject to the requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional
use;
2. Aircraft landings as regulated by Chapter 4.80 ECC.
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16.50.020 Site development standards.
A. Table.
' The setback for buildings and structures located at or above grade (exempting
buildings and structures entirely below the surface of the ground) shall be 15
feet from the lot line adjacent to residentially (R) zoned property.
2 Roof only may extend five feet above the stated height limit if all portions of
the roof above the stated height are modulated in design and are designed as a
hip, gable, arch, shed or other similar roof form (see illustrations). Vertical
parapet walls or flat roofs with a pitch of less than 3 -in -12 are not allowed to
protrude above the 25 -foot height limit unless they are part of an approved
modulated design.
3 The stated height limit may be increased to 40 feet provided that:
(a) The street setback of any proposed building shall be increased to 4 feet in
depth. Type III landscaping shall be located within this setback. This
landscaping may be located immediately adjacent to the building, or may be
combined with other landscaping within or adjoining the right of way. In
addition, the third and forth stories of any proposed building shall be further
stepped back an additional 6 feet from the street frontage along all street fronts;
(b) Where the proposed development abuts a single - family residential (RS)
zoned property, in addition to complying with subsection (a), the proposed
development shall modulate the design of any building facades facing the
single - family residentially (RS) zoned property;
(c) The proposed development integrates low impact development techniques
where reasonably feasible. For the purposes of this section, low impact
development techniques shall include, but shall not be limited to, the following:
the use of bioswales, green roofs, and grasscrete. "Reasonably feasible" shall be
determined based upon the physical characteristics of the property and its
suitability for the technique; cost alone shall not render the use of low impact
techniques unreasonable or unfeasible.
(d) The required setback from R zoned property shall be permanently
landscaped with Type I landscaping permanently maintained by the owner of the
BC lot; and
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Minimum
Minimum
Minimum
Minimum
Minimum
Maximum
Maximum
Street
Side
Rear
Lot Area
Lot Width
Setback
Setback
Setback
Height
Floor Area
3 sq. ft. per
BC
None
None
None
None'
None'
2502
sq. ft. of lot
area
BC -
3 sq. ft. per
Edmonds
None
None
None
None'
None'
353° 4
sq.ft. of lot
Way
area
' The setback for buildings and structures located at or above grade (exempting
buildings and structures entirely below the surface of the ground) shall be 15
feet from the lot line adjacent to residentially (R) zoned property.
2 Roof only may extend five feet above the stated height limit if all portions of
the roof above the stated height are modulated in design and are designed as a
hip, gable, arch, shed or other similar roof form (see illustrations). Vertical
parapet walls or flat roofs with a pitch of less than 3 -in -12 are not allowed to
protrude above the 25 -foot height limit unless they are part of an approved
modulated design.
3 The stated height limit may be increased to 40 feet provided that:
(a) The street setback of any proposed building shall be increased to 4 feet in
depth. Type III landscaping shall be located within this setback. This
landscaping may be located immediately adjacent to the building, or may be
combined with other landscaping within or adjoining the right of way. In
addition, the third and forth stories of any proposed building shall be further
stepped back an additional 6 feet from the street frontage along all street fronts;
(b) Where the proposed development abuts a single - family residential (RS)
zoned property, in addition to complying with subsection (a), the proposed
development shall modulate the design of any building facades facing the
single - family residentially (RS) zoned property;
(c) The proposed development integrates low impact development techniques
where reasonably feasible. For the purposes of this section, low impact
development techniques shall include, but shall not be limited to, the following:
the use of bioswales, green roofs, and grasscrete. "Reasonably feasible" shall be
determined based upon the physical characteristics of the property and its
suitability for the technique; cost alone shall not render the use of low impact
techniques unreasonable or unfeasible.
(d) The required setback from R zoned property shall be permanently
landscaped with Type I landscaping permanently maintained by the owner of the
BC lot; and
{WSS651576.DOC;1 /00006.900000/} _10-
(e) For any buildings fronting on Edmonds Way, the maximum height of the
wall or fagade along Edmonds Way shall not exceed 45 feet as measured at the
Edmonds Way property line.
4 In addition to any height bonus under note 3, the building may extend up to an
additional five feet if all portions of the building above the height limit (after
adding the height bonus under note 3) integrate distinctive architectural features
that enhance and are integrated into the overall design of the building. For
purposes of this section, distinctive architectural features may include
articulation, changes of materials, offsets, angles or curves of facades, or by the
use of distinctive roof forms.
Examples of Modulated Roof Des igr►s
r! ■
1I �i3fl�i>Is01 Diu■ #:,�
■ ' F„nk"i bN,■WN
LLOA 10i On I I I F I I i.; wi� - i
B. Ground Floor. Development on the ground floor shall
consist of only commercial uses to a minimum depth of 30 feet as
measured from the street front of the building, with the following
exceptions or clarifications:
1. That in all areas the provision of pedestrian access to
permitted residential uses is allowed.
2. This provision shall not apply when a single - family use is
the primary use on the property.
(WSS651576.DOC;1 /00006.900000/) - 11 -
3. With respect to, but only to, property located on the Fifth
Avenue entrance corridor, south of Walnut Street, in which the
first 60 feet of the building as measured from Fifth Avenue
consists only of commercial uses; and with respect to which the
subject property shares a property line with a single- family or
multifamily zoned properties, then multifamily units may be
located on the ground floor in such a manner that they face the
adjacent residentially zoned property.
4. In the BC - Edmonds Way zone, where the street frontage
of the total site proposed for development exceeds 150 feet in
length, this requirement shall apply to only 60% of the ground
floor street frontage of any proposed building. The remaining 40%
may include any other uses permitted in the BC - Edmonds Way
zone, including, but not limited to, off - street parking or live /work
space.
C. Signs, Parking and Design Review. See Chapters 17.50,
20. 10, and 20.60 ECDC.
D. Density. There is no maximum density for permitted
multiple dwelling units.
E. Screening. The required setback from R zoned property
shall be permanently landscaped with trees and ground cover and
permanently maintained by the owner of the BC lot. A six -foot
minimum height fence, wall or solid hedge shall be provided at
some point in the setback.
F. Satellite Television Antennas. Satellite television antennas
shall be regulated as set forth in ECDC 16.20.050 and reviewed by
the architectural design board.
16.50.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely
within a completely enclosed building, except:
1. Public utilities and parks;
2. Off - street parking and loading areas, and commercial
parking lots;
3. Drive -in businesses;
4. Plant nurseries;
5. Seasonal farmers' markets;
{WSS651576.DOC;1 /00006.900000/1 -12-
6. Limited outdoor display of merchandise meeting the
criteria of Chapter 17.65 ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60
ECDC, Performance Standards.
Section 3. Effective Date. This ordinance, being an exercise of a power
specifically 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.
using-01
MAYOR GARY HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
-2a-4c -
BY & S.0 AN N
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/16/2007
PASSED BY THE CITY COUNCIL: 02/20/2007
PUBLISHED: 02/25/2007
EFFECTIVE DATE: 03/02/2007
ORDINANCE NO. 3627
{WSS651576.DOC;1 /00006.900000/} -13 -
SUMMARY OF ORDINANCE NO. 3627
of the City of Edmonds, Washington
On the 20th day of February, 2007, the City Council of the City of Edmonds,
passed Ordinance No. 3627. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER
16.30 RM- MULTIPLE RESIDENTIAL AND CHAPTER 16.50 BC- COMMUNITY BUSINESS
IN ORDER TO INCORPORATE CERTAIN CHANGES REGARDING ZONING
REQUIREMENTS ALONG EDMONDS WAY, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of February, 2007.
CITY CLERK, SANDRA S. CHASE
{WSS651576.DOC;1 /00006.900000/} -14-
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH f S.S.
The undersigned, being first duly swom 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
SUMMARY OF ORDINANCE NO. 3627 newspaper b order of the Superior Court of Snohomish County and that the notice
o t e ity o mon s, as n�ton Y P ty
City of Edmonds, passed Ordinance Noh 3tiP council sumary of
the content of said ordinance , consisting of the title, provides
as follows: Summary of Ordinance No. 3627
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING CHAPTER 16.30 RM- MULTIPLE RESI-
DENTIAL AND CHAPTER 16.50 q
OUSTRIM IN ORDER TO INCO IR City of Edmonds
CTIANt;E'r REGARDwa 7nMIK,)
SAME SHALL BECOME EFFECTIVE. FIXING A TIME WHEN THE
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of February, 2007.
CITY CLERK, SANDRA S. CHASE
Published: February 25, 2007, 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:
February 25, 2007
RECEIVED
MAR 0 5 2007
EDMUNii c liY t;LERK
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and swom to before me this
day of February, 2007
26th
Notary Publi ' 1 and fo the State of Washington, residing
County.
Account Name: City of Edmonds Account Number. 101416
PUBLrc
'�O�� • 9 -17 -2006
�OF LVASHXN
Order Number: 6