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Ordinance 36420006.900000 WSS /gjz 4/20/07 ORDINANCE NO. 3642 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 24310 76TH AVENUE WEST FROM NEIGHBORHOOD BUSINESS (BN) TO COMMUNITY BUSINESS (BC), ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council received the recommendation of its Planning Board regarding File No. R -05 -97 recommending approval of rezone of certain real property located 24310 76th Avenue West, Edmonds, Washington, from Neighborhood Business (BN) to Community Business (BC); and 2007; and WHEREAS, the City Council held a closed record public hearing on April 17, WHEREAS, having considered the record before it and the recommendation of the Planning Board, and the arguments presented to it at the closed record public hearing, the City Council hereby deems it to be in the public interest to approve the rezone, based upon the Findings of Fact and Conclusions referenced herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its Findings of Fact and Conclusions of Law, the Edmonds City Council hereby adopts the Planning Division Advisory Report Findings, Conclusions and { WSS659075.DOC;1 /00006.900000/} -1- Recommendations, contained as Exhibit 2 in the closed record review and dated February 9, 2007, incorporating these Findings and Conclusions as fully as if herein set forth. Section 2. Certain real property referenced in File No. R- 2005 -97 with the street address of 24310 - 76th Avenue West, Edmonds, Washington, is hereby rezoned from Neighborhood Business (BN) to Community Business (BC). The Community Services Director or his designee is hereby authorized to amend the official zoning map of the City to reflect such action. 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. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( 5� & W. SCOTT SNYDER FILED WITH THE CITY CLERK: 04/27/2007 PASSED BY THE CITY COUNCIL: 05/08/2007 PUBLISHED: 05/13/2007 EFFECTIVE DATE: 05/18/2007 ORDINANCE NO. 3642 { WSS659075.DOC;1 /00006.900000/} -2- SUMMARY OF ORDINANCE NO. 3642 of the City of Edmonds, Washington On the 8th day of May, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3642. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 24310 76TH AVENUE WEST FROM NEIGHBORHOOD BUSINESS (BN) TO COMMUNITY BUSINESS (BC), ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 9th day of May, 2007. CITY CLERK, SANDRA S. CHASE { WSS659075.DOC;1 /00006.900000/} -3- To: From: CITY OF EDMONDS 121 5TH AVENUE NORTH, EDMONDS, WA 98020 Planner PLANNING DIVISION ADVISORY REPORT ,kUSIONS, AND RECOMMENDATIONS Date: FEBRUARY 9, 2007 File: R- 2005 -97 A request by Tony Shapiro for Ron Knowles to rezone the lot addressed 24310 76'h Ave. W. from Neighborhood Business (BN) to Community Business (BC). Hearing Date, Time, and Place: February 14, 2007, At 7:00 PM, Edmonds City Council Chambers Public Safety Complex 250 5'h Avenue North TABLE OF CONTENTS 05097rezone_sr.doe / February 9, 2007 / Staff Report Section Page I. INTRODUCTION .......................................................................................................... ............................... 2 A. APPLICATION INFORMATION ..................................................................................... ..............................2 B. RECOMMENDATION ON THE PROPOSED REZONE ..................................................... ............................... 2 II. FINDINGS OF FACT AND CONCLUSIONS ............................................................. ..............................2 A. SITE DESCRIPTION ................................................................................................... ............................... 2 B. SEPA DETERMINATION ........................................................................................... ............................... 2 C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE .................... ............................... 3 D. COMPREHENSIVE PLAN ........................................................................................... ............................... 3 E. TECHNICAL COMMITTEE .......................................................................................... ..............................4 F. PUBLIC COMMENTS .................................................................................................. ..............................4 III. ATTACHMENTS .......................................................................................................... ............................... 4 IV. PARTIES OF RECORD ................................................................................................. ..............................4 05097rezone_sr.doe / February 9, 2007 / Staff Report Knowles Rezone File No. R- 2005 -97 Page 2 of 4 I. INTRODUCTION The applicant owns a parcel that is roughly 12,000 sq. ft. and is split zoned, Neighborhood Business on the north portion and Community Business on the southern portion. They have already gone through a Comprehensive Plan Amendment to resolve this issue on the Comprehensive Plan. For that request, the Planning Board and the City Council approved a change that made the Comprehensive Plan Designation of the entire property Highway 99 Corridor. The current rezone request is the applicant's proposal for bringing the zoning of the entire property into compliance with the newly adopted Comprehensive Plan. It is that the entire property would be zoned Community Business (BC). A. Application Information 1. Applicant: Tony Shapiro for Ron Knowles 2. Site Location: The property addressed 24310 76h Ave. W. (see Attachment 1). 3. Request: A Rezone from Neighborhood Business (BN) to Community Business (BC)(see Attachments 1 -3). 4. Review Process: Rezone - Planning Board conducts a public hearing and issues a recommendation to the City Council for a final decision. 5. Mai or Issues: a. Edmonds Community Development Code (ECDC) Chapter 20.40 (Rezones). b. Compliance with Edmonds Community Development Code (ECDC) Section 20.100.010 (Hearing Examiner, Planning Advisory Board and City Council Review). B. Recommendation on the Proposed Rezone Based on Findings of Fact, Conclusions and Attachments to this report Planning Staff recommends approval of the proposed rezone. II. FINDINGS OF FACT AND CONCLUSIONS A. Site Description 1. Site Development And Zoning: a) . Facts: (1) Size and Shape: The property is basically square with about 12,000 sq. ft. (2) Existing Zoning: Split zoned, Community Business on the south portion and Neighborhood Business on the north portion. (3) Existing Land Use: There is currently the shell of an old convenience store that is vacant at the current time. 2. Neighboring Development And Zoning: a) Facts: (1) North: The property is owned by a landscape company and was previously a gas station. The property is zoned Neighborhood Business. (2) South: Zoned and developed under the Community Business regulations. (3) East: Zoned Neighborhood Business and developed as a church and school. (4) West: Zoned and developed under both the RS -8 regulations (see Attachment 1). 05097rezone_sr.doc / 02/09/2007/ Staff Report Knowles Rezone File No. R- 2005 -97 Page 3 of 4 B. Edmonds Community Development Code (ECDC) Compliance 1. ECDC Section 20.40 (Rezones) a) Fact: (1) ECDC 20.40.0 10 states that at a minimum the following factors shall be considered in reviewing a proposed rezone: (a) Is the proposal consistent with the Comprehensive Plan; and, (b) Is the proposal consistent with the purposes of the Zoning Ordinance, and the proposed zone district; and, (c) The relationship of the proposed rezone to the existing land uses and zoning of surrounding or nearby properties; and, (d) Has there been sufficient change in the character of the immediate area or in city policy to justify the rezone; and, (e) Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning; and, (f) The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property. (2) The applicant has submitted their declarations, included as Attachment 2, which address the above described criteria. Staff agrees with the applicant's declarations. (3) See section C below for a discussion regarding the compliance of the proposed rezone with the Comprehensive Plan. (4) The proposal is generally consistent with the purposes of the Zoning Ordinance and the proposed zone district. Further review and compliance will be determined on a case by case review of all development proposals and license requests. (5) As demonstrated in attachments 1 - 3, the surrounding zoning pattern is maintained with the proposed rezone request. The request is also supported by the development pattern in the area. (6) Currently the subject property and one of its neighbors are vacant which raises the question about whether or not the properties are economically suitable for uses currently allowed under the current Comp Plan and zoning. (7) The property is identified on the City's Comprehensive Plan as Highway 99 Corridor. This designation is appropriate for the requested BC zoning classification and is further justified by the fact that the other properties in the same Comp Plan designation in that immediate area are also zoned BC. b) Conclusions: (1) Rezoning the entire property to BC would be consistent with the Comprehensive Plan and the other rezone criteria. C. Comprehensive Plan a) Facts: (1) The Comprehensive Plan map identifies the subject property as part of the Highway 99 Corridor. The proposed rezone request to BC is consistent with this Comprehensive Plan designation as described on page 16 of the Comprehensive Plan. (2) Pages 45 -49 of the Comprehensive Plan state the Goals and Policies of the Highway 99 Corridor. They further describe what staff has stated earlier in this report an area with high traffic volumes and large diversity of uses and development types. 05097rezone sr.doc / 02/09/2007/ Staff Report Knowles Rezone File No. R- 2005 -97 Page 4 of 4 b) Conclusion: (1) Staff believes that rezoning those portions of the property that are zoned BN to BC is consistent with the goals and policies of the Comprehensive Plan as it relates to the Highway 99 Corridor. D. Technical Committee No comments were received from any department concerning the proposed rezone request. E. Public Comments No comments were received on the proposed rezone request. III. ATTACHMENTS Attachments 1 through 3: 1. Vicinity and Zoning Map 2. Applicant's Narrative 3, Comprehensive Plan Map of subject parcel IV. PARTIES OF RECORD Tony Shapiro Ron Knowles Engineering Division 624 Edmonds Way 18633 17th Ave. NW Fire Department Edmonds, WA 98020 Shoreline, WA 98177 Parks Division Planning Division Public Works Division 05097rezone sr.doc / 02/09/2007/ Staff Report ryt n. i:. I r - r I i �. I t I i .-- '240TH_ PL SW = I + _i T - I � i t � � { t � �• h . � �lt... 111. ± -Ali N. 205TH r n City of Edmonds .Access Map, Legend ZonIng- 2O06_AraO- parcafa G' + RS -20 Single Family; 20,000 sq. It. lots RS -12 ShVe Farnfly, 12,000 sq. ft, lots RS- 110 Stn01e Family, 10.000 sq. h. Iota RS-8 Single Family, 8,000 eq. h, tots C} RS-6 SftW Family, 6,000 sq. h, Iola RSW-12 Waterfront SiXte Family, 12,00O 3cq It lots Q RM -2.4 Muhl Family, 2AW sq. It. 01 lot area ;per unit ='CW Ctmvnerctal WaWront ". RM•1.5 Multi Famlly, 1,600 sq. iL o1 lot arse ,per unH ®MPI Master Plan HOside Mixed Use 5OMP2 Master Plan HOside Mixed Use BP Planned Bustnoss BN Neiphbodmd Business 6C Community Business RS-MP $16gle Ferniiy, Master Plan i CG General Coma mial (Max. hL 35 ft.) CG2 General Comme ciel (Max. hL 45 ft.) AM-3 MAU Fan-Ay. 3,000 sq. h. of lot area per unh OL In Ci A to chment I File No. R- 2005 -97 X41' ST ST SW� �. I R I Z. 0— .L Pf, 4LI • - , - - � - _ - I l/ 1�y1 � ` 1 ■,—"tea , ! ak 1 {.,L _ 242ND PL SW Area of Proposed Rezone � 2'4310, 76th Ave. W. J - t � � { t � �• h . � �lt... 111. ± -Ali N. 205TH r n City of Edmonds .Access Map, Legend ZonIng- 2O06_AraO- parcafa G' + RS -20 Single Family; 20,000 sq. It. lots RS -12 ShVe Farnfly, 12,000 sq. ft, lots RS- 110 Stn01e Family, 10.000 sq. h. Iota RS-8 Single Family, 8,000 eq. h, tots C} RS-6 SftW Family, 6,000 sq. h, Iola RSW-12 Waterfront SiXte Family, 12,00O 3cq It lots Q RM -2.4 Muhl Family, 2AW sq. It. 01 lot area ;per unit ='CW Ctmvnerctal WaWront ". RM•1.5 Multi Famlly, 1,600 sq. iL o1 lot arse ,per unH ®MPI Master Plan HOside Mixed Use 5OMP2 Master Plan HOside Mixed Use BP Planned Bustnoss BN Neiphbodmd Business 6C Community Business RS-MP $16gle Ferniiy, Master Plan i CG General Coma mial (Max. hL 35 ft.) CG2 General Comme ciel (Max. hL 45 ft.) AM-3 MAU Fan-Ay. 3,000 sq. h. of lot area per unh OL In Ci A to chment I File No. R- 2005 -97 624 Edmonds [Play, Edmonds, WA 98020 July 12, 2005 Mr. Steve Bullock City of Edmonds 250 5th Avenue North Edmonds, WA 98020 425.778.5400 Sq FAX 778.3032 Subject: Rezoning remainder of parcel from BN to BC at 24310 76th Ave. W. Project: Meridian Mixed Use, Arch. Project No.: 12382 -00 Request: This rezone request involves rezoning a portion of the property at 24310 76th Ave. W. from BN to BC to facilitate the construction of a mixed -use building. As this property is currently split between two zoning designations and a portion of the property already falls under the BC classification we see the need for consistency, and the benefits for all concerned if this property is rezoned. NARRATIVE ADDRESSING 6 POINT REZONE CRITERIA I. Comprehensive Plan- Whether the proposal is consistent with the Comprehensive Plan The following are excerpts from the Commercial Land Use section of the Comprehensive Plan • D.2 Permit uses in neighborhood commercial areas that are intended to serve the local neighborhood. Mixed -use development should be encouraged within neighborhood commercial areas. According to the Comprehensive Plan the use of mixed use buildings are not only permitted, but also encouraged. However, the said property is currently designated as part of the Neighborhood Commercial Plan Designation, which falls under the Neighborhood Business Zone. The Zoning Ordinance limits one unit per parcel, but this contradicts the Comprehensive Plan's intent to "encourage" mixed -use projects. As we would like to place a mixed use building with seven (7) to nine (9) units and 1,500 square feet of retail, we propose the Neighborhood Commercial section be changed to match the Highway 99 Corridor .designation, thus allowing the use of multiple units and complying with the Comprehensive Plan's intent for the development of mixed use. • C. The intent of the community commercial designation is to recognize both of these purposes by permitting a range of business and mixed = use development, while maintaining a neighborhood scale and design chararfer. Attachment 2 - 2005 -97 File No. R Page 2 July 12, 2005 Rezone Request The proposed project meets the goals for Community Commercial Areas by providing business and mixed -use options as well as maintaining the surrounding neighborhood community atmosphere. Shifting the plan designation from Neighborhood Commercial to be included in the Highway 99 Corridor would allow the property to fall under the Community Commercial designation and therefore fulfill the Comprehensive Plan and Highway 99 Enhancement Project's intent of developing mixed -use properties. The following is an excerpt from the Summary Recommendations section of the Highway 99 Enhancement Project Report. • "While some participants preferred that new development reflect the downtown Edmonds character with smaller shops and architectural details, most understood that a variety of uses and building types is most appropriate to take advantage of different opportunities and conditions. r...J In some cases the City may want to consider zoning changes to encourage mixed use or taller development. " As a section of the property is already classified as part of the Highway 99 Corridor we ask that the property be rezoned from BN to BC to accommodate the placement of a mixed -use building. We also ask that a section of the property be re- designated from Neighborhood Commercial to the Highway 99 Corridor (Community Commercial status) to make for a consistent property parcel. II. Zoning Ordinance — Whether the proposal is consistent with the purposes of the Zoning Ordinance and whether the proposal is consistent with the purposes of the proposed zone district. BN Zone: • A. To Reserve areas, for those retail stores, offices, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; The Meridian Mixed Use Building has 1,500 square feet designated for retail use to better serve the surrounding community. • A.1 Permitted Primary Uses: Single-family dwellings, as regulated in RS -6 zone; While BN zoning permits mixed use developments and encourages retail space, it does not allow more than a single - family dwelling, which falls short of the typical mixed use project and the seven (7) to nine (9) units planned for the Meridian Mixed Use Building. BCZone: • A. To reserve areas for those retail purposes in addition to the general purposes for business and commercial zones. Fitting with the intent of the BC Zone Ordinance, 1,500 square feet are designated for retail purposes in the Meridian Mixed Use Building. Added retail space is much desired in the already retail based neighborhood. Some of the surrounding buildings and businesses include a 76 -gas station, storage units, a church, and several single - family residences. The property now boasts an old convenience store that is no longer in business. The site is also less than a block away from the City of Page 3 July 12, 2005 Rezone Request Shoreline's Interurban Trail Head, and is on the Seattle City Light Trail. A Mixed Use Building would add to the improvement of the surrounding neighborhood. • B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. The site's close proximity to main arterials provides convenient access from the street, but will not interfere with traffic or cause any hazards. The size of the lot limits parking. While it offers adequate parking for tenants, employees, and customers, it will not possess the feeling of a gigantic, obtrusive parking lot. • C. To allow for mixed -use development which includes multiple dwelling unit(s) that support business uses. The rezoning of this property would enable us to carry on plans for the Meridian Mixed Use Building which has multiple dwelling units. Housing in the surrounding neighborhood would be enhanced by the addition of quality multiple family housing. III. Surrounding Area: - the relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property. Should the subject property be rezoned, it will not only mesh with the immediate neighborhood, but will also enhance the quality of the surrounding community. • The proposed mixed -use building will offer more housing options to a retail/residential neighborhood where the predominant dwelling currently consists of single- family residences. • The site's quality design and landscape will provide a nice transition from the busy street front of 205t` to the quieter tones of 76th Ave. • An inactive, run down, site will be replaced with retail space to cater to the community needs. • As a part of the Highway 99 Corridor the building will be in keeping with the spirit of the Highway 99 Enhancement Project by offering an attractive mixed - use building. The improvement of this lot could also trigger adjacent properties to redevelop or revamp thus enhancing this small corner of the Highway 99 Corridor. IV. Changes: - whether there has been sufficient change in the character of the immediate surrounding area or in City policy to justify the rezone. Under the Highway 99 Enhancement Project, many changes have been made to improve the Highway 99 Corridor. As stated in the Enhancement Project Report, mixed -use facilities are "encouraged." The immediate surrounding neighborhood contains many housing options including single- family residences and a multi- family complex. We feel that rezoning the discussed parcel from BN to BC will enable us to continue the trend toward higher density within the context of a residential area, while adding commercial space to better serve the local community. Granting a rezone will also allow us to support the progress being made to the Highway 99 Corridor. Page 4 July 12, 2005 Rezone Request V. Suitability: - Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. The property's close proximity to 205th St. allows it to contribute to one of the gateways of Edmonds; and being situated so closely to the main arterials of Edmonds Way and Highway 99 naturally labels this property as best suited for commercial use. However many of the surrounding properties have been built as residential, and Edmonds is mainly a residential community. We believe that the proposed mix of both residential and commercial achieves the best use of this property in serving the needs of the community and enables our client to achieve the highest economic return for his investments. VI. Value: - the relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. As the property is located so close to busy arterials the placement of single family homes is unsafe and undesirable. At the same time the convenient location promotes commercial use. The placement of a mixed -use building would create a nice transition between the busy streets and residential neighborhood. Underground parking facilities also create a safe parking environment for residents and employees while increasing the amount of parking available. The existing structure on the site currently decreases the value of the property and of the surrounding community. Replacing the vacant, strip retail building with a higher end mixed use building would improve the value of the property for the owner, and brighten the tone of the neighborhood. The increased density also helps the City of Edmonds comply with the GMA mandates with denser housing that has access to bus and transit lines. ma n Iva N� mm OM A mom 6�t- ae�fll s 1"°c ..,� NMI vfft q7A�a On 4ht L t Y_.,...- i ..i (A''''� >9re ' 13. £8 ✓ r" �"6.i Orin j- r �@,�'s��yq,7`i �a� `• 1� .". � •pipe Q��j I. y'i t43 4;L::e57 .-�'1 '..,� . Gd Pd ��gg t nm v ><'� t - �!91• VP aaa Gr t$ 1 3 3y Y7. ••t G �f l� xr lji� 1 � { +�.. :: `y3� I f r ma n Iva N� mm OM A mom 6�t- ae�fll s 1"°c ..,� NMI vfft q7A�a On 4ht L t Y_.,...- i ..i (A''''� >9re ' 13. £8 ✓ r" �"6.i Orin j- r �@,�'s��yq,7`i �a� `• 1� .". � •pipe Q��j I. y'i t43 4;L::e57 .-�'1 '..,� . Gd Pd ��gg t nm v J - CL I rt"-_ F- City of Edmonds Comprehensive Plan Map hm wawar.n. = i1q.n.n.....» Nw orrta. �M�Irl..Y 'FlA.yyP.l► HrFO� +�� �VU'a`MrrM" uYr�KiO� 1 ?L-SW- _ �-- - J - ..1►`°'` 241ST ST Sw -- s w w > ,242ND PL SW Attachment 3 File No. R- 2005 -97 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3642 o t e iry o mon s, as mgton On the 8th day of May, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3642. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 24310 76TH AVENUE WEST' FROM NEIGHBORHOOD BUSINESS (BN)N TO COMMU- A D CONCLUSIONS OF LLAW, IND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed epon request. DATED this 9th day of May, 2007, Published: May 13, 2007. i CITY CLERK, SAN&AA S. CHASE 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. 3642 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: May 13, 2007 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this 14th RECEIVED day of May, 2007 -�� Sg1ONE Xp�9FO`j s MAY 18 2007 Q N° gL1C `���p (��r� CLERK Notary Public ' and fort State of Washington, residing at Everett, Snoh ish_A�_20013 EDMUNDS l �l l 1 CLERK County. y sT�r� of wPS��� Account Name: City of Edmonds Account Number: 101416 Order Number. 0001503404