Ordinance 36430006.900000
WSS /gjz
4/20/07
ORDINANCE NO. 3643
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE REZONE OF CERTAIN
REAL PROPERTY LOCATED AT 23012, 23014, 23028, 23100,
AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW,
AND A VACANT LOT LOCATED AT THE NORTHWEST
CORNER OF 232ND STREET SW AND EDMONDS WAY,
FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI -
RESIDENTIAL- EDMONDS WAY (RM -EW) AND FROM
COMMUNITY BUSINESS (BC) TO COMMUNITY BUSINESS -
EDMONDS WAY (BC -EW), 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- 2006 -95 recommending approval of rezone of certain real property located
at 23012, 23014, 23028, and 23100 from Multiple Residential (RM -1.5) to Multi- Residential-
Edmonds Way (RM -EW) and property located at 23110 Edmonds Way, 9133 - 232nd Street SW
and a vacant lot located at the Northwest corner of 232nd Street SW and Edmonds Way from
Community Business (BC) to Community Business - Edmonds Way (BC -EW); 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,
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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
Recommendations, contained as Exhibit 2 in the closed record review and dated March 14, 2007,
incorporating these Findings and Conclusions as fully as if herein set forth.
Section 2. Certain real property referenced in File No. R- 2006 -95 with the street
addresses of 23012, 23014, 23028, and 23100 are hereby rezoned from Multiple Residential
(RM -1.5) to Multi- Residential- Edmonds Way (RM -EW) and 23110 Edmonds Way, 9133 -
232nd Street SW, and a vacant lot located at the Northwest Corner of 232nd Street SW and
Edmonds Way from Community Business (BC) to Community Business - Edmonds Way (BC-
EW). 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.
APPROVED:
MA H AKENSON
ATTEST /AUTHENTICATED:
fl,d~CITY CLERK, SANDRA S. CHASE
l z/ eZ_4�
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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. 3643
{ WSS659077.DOC;1/00006.900000/}
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SUMMARY OF ORDINANCE NO. 3643
of the City of Edmonds, Washington
On the 8th day of May, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3643. 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 23012, 23014, 23028, 23100,
AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW, AND A VACANT LOT
LOCATED AT THE NORTHWEST CORNER OF 232ND STREET SW AND EDMONDS
WAY, FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI - RESIDENTIAL - EDMONDS
WAY (RM -EW) AND FROM NEIGHBORHOOD BUSINESS (BN) COMMUNITY
BUSINESS - EDMONDS WAY (BC -EW), 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.
,/ ems_
CITY CLERK, SANDRA S. CHASE
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Item #6b
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To: EDMOND3 PLANNING BOARD
From:
Robe)t Chave, AICP
Planning Manager
Date: Planning Board Meeting of March 14, 2007
File: R- 2006 -95
Application by A.D. Shapiro Architects / SGA Corporation for a rezone of the
subject property from the current "Multiple Residential -- RM -1.5" to "Multiple
Residential — RM -EW" and from "Community Business — BC" to "Community
Business — Edmonds Way."
Hearing Date, Time, and Place: March 14, 2007, at 7:00 PM,
Edmonds City Council Chambers
Public Safety Complex
250 - 5h Avenue North
TABLE OF CONTENTS
Section
Page
I. INTRODUCTION ........................................................................................................... ..............................2
A. APPLICATION INFORMATION ..................................................................................... ..............................2
B. RECOMMENDATION ON THE PROPOSAL ..................................................................... ..............................2
II. FINDINGS OF FACT AND CONCLUSIONS .............................................................. ..............................3
A. SITE DESCRIPTION .................................................................................................... ..............................3
B. STATE ENVIRONMENTAL POLICY ACT ( SDPA) ..............................................:............ ..............................4
C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE ..................... ..............................4
D. COMPREHENSIVE PLAN ............................................................................................. ..............................6
E. TECHNICAL COMMITTEE ........................................................................................... ..............................1
F. PUBLIC COMMENTS .................................................................................................. ..............................8
III. ATTACHMENTS ............................................................................................................ ..............................8
IV. PARTIES OF RECORD ................................................................................................. ..............................8
City of Edmonds ce Planning Board
I. INTRODUCTION
A. APPLICATION
1. A120licant: A.D. Shapiro Architects / SGA Corporation.
2. Site Location: (Refer to Attachment 1)
RM-1.5 to RM -EW.•
23012, 23014, 23028, 23100 Edmonds Way. .
BC to BC- Edmonds Way:
23110 Edmonds Way, 9133 232nd ST SW, and the vacant lot at the Northwest
corner of 232nd Street SW and Edmonds Way (Assessor's parcels
27043100207600 and 00555300101100).
3. Request: Application for a rezone from "Multiple Residential — RM -1.5" to
"Multiple Residential — RM -EW" and from "Community Business — BC" to
"Community Business — Edmonds Way" (see Attachments 1 and 2).
4. Review Process:
a. Rezone - Planning Board conducts a public hearing and forwards a
recommendation to the City Council for final decision.
5. Major Issues:
a. Compliance with 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
Based on Statements of Fact, Analysis, Conclusions, and Attachments in this report,
staff recommends that the Planning Board make a recommendation to the City
Council to APPROVE both the request for a rezone from "Multiple Residential —
RM -1.5" to "Multiple Residential — RM-EW" and from "Community Business --
BC" to "Community Business — Edmonds Way. "
R- 2006- 95.doc 2
II. FINDINGS OF FACT AND CONCLUSIONS
A. SITE DESCRIPTION
I . Site Development and Zoning:
a. Facts:
(1) Size and Shaue: The area under review stairsteps along Edmonds
Way and is approximately 1.95 acres in size, with 1.14 acres
(49,658 square feet) proposed to be rezoned to "Multiple
Residential — EW" and 0.81 acres (35,284 square feet) to be
rezoned to "Community Business — BC- Edmonds Way" (see
Attachments 1 and 2). The site has approximately 670 feet of
frontage on Edmonds Way (State Route 104) and more than 150
feet of frontage along 232nd Street SW.
(2) Land Use:
23012, 23014, 23028, 23100 and 23110 Edmonds Way — Single
Family Residences
Parcel in the Northwest corner of Edmonds Way and 232nd Street
SW — Vacant lot
(3) Zonine:
Current zoning of the subject properties is a mixture of RM -1.5
and BC, as shown on the vicinity map (see Attachment 1).
2. Neighboring Development and Zoning:
a. Facts:
(1) Northwest: To the northwest of this site is the Woodway Estates
Apartments and a mix of other multiple and single - family
residential uses that are zoned "Multiple Residential RM -1.5" (see
Attachment 1).
(2) Northeast and East: To the north, across Edmonds Way, are some
duplexes adjacent to Westgate Chapel, both of which are zoned
"Multiple Residential — RM -1.5" (see Attachment 1). South of
these developments, and directly across Edmonds Way, are the
Northwood Apartments and the Ridge Acres Trailer Park, both of
which are in Unincorporated Snohomish County.
(3) South and west: An area zoned "Single- Family Residential RS -8"
(see Attachment 1). The primary uses are single-family
residences, with a few duplexes previously permitted in the
County.
R- 2006- 95.doc 3
B. STATE ENVIRONMENTAL POLICYACT (SEPA)
1. a. Fact: A Determination of Nonsignificance was issued on August 30,
2006, for the code amendments establishing the RM-EW and BC-
Edmonds Way zones in the Edmonds Community Development Code
(ECDC) as well as the proposed rezones being considered. No appeals
were received. Although this satisfies the SEPA requirements for the
proposed rezones, a project- specific SEPA determination will be
required once a specific project is proposed.
C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLL4NCE
1. ECDC Section 20.40 (Rezones)
a. Facts:
(i) The current RM and BC zoning classifications are detailed in
Attachment 3. This includes the existing RM-1.5 and BC zones, as well
as the proposed RM-EW and BC- Edmonds Way zones.
(ii) Edmonds Community Development Code (ECDC) Section 20.40.010
provides that, at a minimum, the following factors shall be considered in
reviewing an application for a rezone:
(1) Comprehensive Plan. Whether the proposal is consistent with the
Comprehensive Plan; and,
(2) 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; and,
(3) Surrounding Area. The relationship of the proposed zoning change
to the existing land uses and zoning of surrounding or nearby
property; and,
(4) Change Whether there has been sufficient change in the character
of the immediate or surrounding area or in city policy to juste the
rezone: and,
(5) Suitability. Whether the property is economically and physically
suitable for the uses allowed under the existing zoning, and under
the proposed zoning. One factor could be the length of time the
property has remained undeveloped compared to the surrounding
area, and parcels elsewhere with the same zoning; and
(6) Yalue. The relative gain to the public health, safety and welfare
compared to the potential increase or decrease in value to the
property owners.
(iii) The applicant has submitted declarations describing how they feel their
proposal meets the rezone criteria (see Attachment 2).
(iv) The purposes of the Multiple Residential zones are given in ECDC
16.30.000, and include allowing 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. Also,
R- 2006- 95.doc 4
to provide for those additional uses which complement and are
compatible with multiple residential uses.
(v) The RM-EW zone allows a number of uses, including multiple
dwellings, single-family dwellings, retirement homes, group homes for
the disabled, churches, primary schools, local public facilities that are
part of the capital improvement plan, and neighborhood parks. Uses
that are allowed with a conditional use permit include offices, day -care
centers, convalescent homes, and others.
(vi) The standard height limit for an RMzone is 25 feet plus 5 feet for a 4-
in-12 pitched roof. The proposed RM-EW zone allows buildings to
exceed the standard 30 foot RM height limit under certain
circumstances, mainly related to the presence of a 5-foot-or-greater
grade change to adjacent residentially zoned properties. Other
conditions related to the 35 foot height limit are described in
16.30.030.A (see Attachment 3).
(vii) The RS-8 zone allows primarily residential, and has a height limit of 25
feet. Setbacks for the RS -8 zone are 25 feet to the street property line,
7.5 feet to the side property lines, and 15 feet to the rear property line.
(viii) Setbacks for the RM-1.5 zone are 15 feet to the street property line, 10
feet to the side property line, and 15 feet to the rear property line. For
single-family homes on lots of 10, 000 square feet or less, setbacks from
the RS-6 zone may be used, which are 20 feet to the street property line,
5 fee to the side property line, and 15 feet to the rear property line.
None, except if the side or rear property line is adjacent to residential,
the The RM-EW zone also requires landscaping and retention of trees
beyond that normally required under the existing RM-1.5 zone (see
1630.030.D in Attachment 3).
(ix) The subject properties were added to the Edmonds Way Corridor and
rezoned to RM -1.5 and BC in 2005. Several other changes in zoning
have occurred along Edmonds Way and in the vicinity since 2001,
including an expansion of the Edmonds Way Corridor plan designation
to the west along with additions to multifamily zoning near the PUD
substation and 95'" PL W. Further west, several new projects were
constructed in the Westgate Corridor, including an Alzheimer care
facility and an assisted living facility and a redevelopment centered on
the southwest corner of the WestgatelVh Avenue intersection. Westgate
Chapel has also undergone expansion in recent years.
b. Analysis.
(i) The rezone request is consistent with the Comprehensive Plan
designation, which shows the properties lying within the Edmonds Way
Corridor.
(ii) The purposes of the Multiple Residential zones are similar to the Single -
Family Residential zone, except that a wider variety of residential types
and more density is allowed in the Multiple Residential zone. Therefore,
the proposal appears to fit the purposes of the Multiple Residential zone
and the zoning ordinance.
R- 2006- 95.doc
(iii) The proposed zone is similar to the RM-1. S zoning and existing uses to
the north and east of the subject parcels. The proposed zone is more
intense than the properties to the south, though a number of the single -
family -zoned homes actually have duplexes. There is also a bank that
helps to separate the uses adjacent to Edmonds Way from the single -
family residences at the top of the bank, and this situation is anticipated
and addressed in the proposed RM-EW zone. Across Edmonds Way, one
parcel is already zoned Multiple Residential, though three single-family
residences exist on that site.
(iv) Multi family projects have been constructed primarily in the downtown
bowl, but some projects have been constructed along Edmonds Way. It
appears that there continues to be a demand for conveniently located
multi - residential units.
(v) The site appears to be suitable for the proposed zoning. One duplex
currently exists in the subject parcel, while several of the lots are
currently vacant. The site is fairly indistinguishable from the adjacent
Multiple Residential zoning along Edmonds Way, and appears to be
suitable for that use. The applicants point out that the traffic on
Edmonds Way and the PUD substation discourage 8, 000 square foot
single-family residential use, since people looking for lots of that size
generally are looking for quieter neighborhoods.
(vi) The value to the property owners is expected to rise. The relative gain
to the general Edmonds community stems from intensifying areas
designated for multiple family housing that are well- situated and served
by arterials and other public services, including transit. This also assists
the city in meeting its Growth Management Act goals. One potential
concern is traffic safety, which will be addressed by the Washington
State Department of Transportation and the City during review of any
subsequent project proposal.
c. Conclusions:
(i) Based on the above findings and analysis, planning staff supports the
proposed rezone to RM-EW
D. COMPREHENSIVE PLAN
I. Comprehensive Plan Policies:
a. Facts:
(i) This site is currently designated "Edmonds Way Corridor". Goals for
the Edmonds Way Corridor are attached, along with the goals for
residential development (see Attachment 4).
b. Analysis:
(i) The Edmonds Way Corridor is intended to provide for multiple
residential and small -scale commercial uses, served the high- capacity
SR -104 corridor. The intent is to provide developments that control
access and minimize turning .movements that would otherwise disrupt
traffic.
R- 2006- 95.doc 6
(ii) The policies for multifamily development encourage their location near
arterial or collector streets. In addition, these policies encourage multi
family uses to take advantage of topography and natural features to
afford a transition to adjoining single family zones.
(iii) The subject site meets the locational criteria for both the Edmonds Way
Corridor and the uses anticipated in the proposed RM-EW and BC -EW
zones.
(iv) Because of the change in topography from the site to neighboring
properties, multifamily residential and limited commercial uses should
be able to meet many of the compatibility policies.
c. Conclusions:
(i) The Comprehensive Plan Policies noted above encourage the siting of
that multi family residential or commercial uses along arterials rather
than single-family uses, so long as traffic impacts and transitions can be
addressed.
E. TECHNICAL COMMITTEE
The application was reviewed by the Engineering Division, Fire Department, Public
Works Department and the Parks and Recreation Department. The only comments
received were from the Engineering Division which originally commented that "The
applicant will be required to meet all future requirements including review by
WSDOT for access onto SR- 104. " The city's Traffic Engineer also concluded that
SR -104 has the capacity to incur additional growth. Access is a more sensitive
issue, and may be limited to right -turn movements only. Note that the subject site for
this proposed change does not have the ability to take advantage of side streets for
access. Development along SR 104 will be required to demonstrate that safe access
can be achieved onto the transportation infrastructure, consistent with city and state
standards.
Subsequent to this review, a traffic study was submitted by the applicants (see
Attachment S) and was reviewed by Don Sims, the City Traffic Engineer; Mr. Sims'
comments are below. Although the traff c study appears to be for a specific project
and is not directly relevant to the current non project application for a change in
zoning, it does demonstrate the types of analysis that will be applied to any future
project that would be applied for in the future.
I reviewed the updated traffic analysis for the subject project (dated
January 5, 2007) and I concur with the findings and
recommendations in the report. Namely, there are two mitigation
measures proposed:
1) Pay the City a traffic mitigation fee of $32,210.56.
2) Widen the eastbound approach lane of 232nd @ Edmonds Way
(SR104) to accommodate an additional turn lane. The proposed
(and recommended) channelization would be a shared left/through
lane and a separate right turn lane. This additional lane should be a
minimum of 75' in length (in order to store of minimum of 3 vehicles
queuing). The channelization (striping plan) still needs to be
submitted to engineering and approved by the city. The
channelization plan should show such things vehicle storage length
R- 2006- 95.doc
(turn pocket lengths), lane widths, taper rates, right turn curb radii,
pavement markings, etc. This mitigation will improve the delay for
that leg from a future no build (LOS D, 29.8 seconds) to project
added trips future build (LOS D, 27.8 seconds).
Please let me know if you have any questions.
Also, they submitted a site plan and parking lot plan in conjunction
with the traffic study (for informational purposes only). Please remind
them that only the traffic study has been approved and that those site
plans (along with an intersection channelization plan) will need to go
through the city's normal plan review process.
— Don Sims, City Traffic Engineer
F. PUBLIC COMMENTS
A letter has been received from Gary Gibson and is included as Attachment 7.
III. ATTACHMENTS
1. Vicinity/Zoning Map.
2. Supporting materials from the Applicant.
3. ECDC zoning regulations for RMand BC zones (includes RM-EW and BC -EW).
4. Comprehensive plan map and applicable comprehensive plan policies.
5. Gibson traffic report.
6 Public comment letter.
V. PARTIES OF RECORD
Edmonds Planning Division
Gary Gibson
Edmonds Engineering Division
9302 – 2315` Street SW
Edmonds, WA 98020
R- 2006- 95.doc 8
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
i SUMMARY OF ORDINANCE NO. 3643
o t e ity o mon s, as mgton
On the 8th day of May, 2007, the City Council of the City of
Edmonds,.passed Ordinance No. 3643. 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 23012, 23014, 23028, 23100, 1
AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW,
AND A VACANT LOT LOCATED AT THE NORTHWEST
CORNER OF 232ND STREET SW AND EDMONDS WAY,
FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI- I
RESIDENTIAL- EDMONDS WAY (RM -EW) AND FROM
NEIGHBORHOOD BUSINESS V(BBN) COMMUNITY I
NGS OF FACTIAND ONCLU CONCLUSIONS DOPTING
AND FIND.
FIX-
ING A TIME WHEN THE SAME SHALL BECOME EFFEC-
TIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 9th day of May, 2007.
} CITY CLERK, SANDRA S. CHASE
Oublished: May 13, 2007.
RECEIVED
MAY 18 2001
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. 3643
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.
Subscribed and swom to before me this
day of May, 2007
in an¢ for the State of Washington, residing
Account Name: City of Edmonds Account Number: 101416
14th
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Order Number: 0001503406