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Ordinance 4078ORDINANCE NO.4078 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING CHAPTER 16.60 ENTITLED "CG — GENERAL COMMERCIAL ZONE," AND ECDC 20.60.045 ENTITLED "FREESTANDING SIGNS — REGULATIONS," REZONING CERTAIN PROPERTY TO CG — GENERAL COMMERCIAL ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, on May 10, 2017, the Planning Board held a public hearing on the draft regulations and, after discussion, recommended their adoption by the City Council; and WHEREAS, the Board also held a supplemental public hearing on June 14, 2017 and, after formally considering the factors required for zoning map (rezone) amendments, recommended approval by the Council; and WHEREAS, the City Council reviewed the recommended development regulations and zoning map changes on June 6, 2017; and WHEREAS, on June 20, 2017 the City Council held a public hearing on the Highway 99 Area development regulations and zoning map amendments; and WHEREAS, the City Council again reviewed the draft development regulations on July 18, 2017 and July 31, 2017; and WHEREAS, this proposal constitutes an area -wide rezone due to the size of the affected area and the number of different parcels and ownerships involved; and WHEREAS, the proposed development regulations for the CG chapter of the city code (see Exhibit 1) implement the Highway 99 Subarea Plan and establish new standards, including new requirements to require electric vehicle charging stations, encourage transit use -1- and pedestrian activity, and add clear design requirements, including for site layout, landscaping, amenity space, and building design; and WHEREAS, pursuant to ECDC 20.40.010, at least the following factors shall be considered in reviewing a proposed rezone: A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan; B. 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; C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; E. 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; F. Value. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners; and WHEREAS, the city council finds, after considering the above factors and the Planning Board's recommendation, particularly including the proposed findings that were accepted by the Planning Board on June 14, 2017, that the proposal should be approved; NOW, THEREFORE, -2- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 16.60 of the Edmonds Community Development Code, entitled "CG — GENERAL COMMERCIAL ZONE," is hereby amended to read as set forth in Exhibit 1, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Section 20.60.045 of the Edmonds Community Development Code, entitled "Freestanding signs -- Regulations," is hereby amended to read as set forth in Exhibit 2, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 3. That certain real property depicted on Exhibit 3, which is attached hereto and incorporated herein by this reference as if set forth in full, is hereby rezoned to CG — GENERAL COMMERCIAL ZONE. Section 4. The Development Services Director or her designee is hereby authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order to properly designate the rezoned property as "CG — GENERAL COMMERCIAL ZONE" pursuant to Section 3 of this ordinance. Section 5. Applicability. This ordinance shall not apply to applications for building permits on property within the area shown on Exhibit 3 where the building permit applicant obtained a design review approval for the same property between July 1, 2017 and August 15, 2017, PROVIDED THAT after September 15, 2017, this ordinance shall apply to all properties regardless of when a building permit applicant obtained design review approval. Section 6. 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 -3- five (5) days after passage and publication of an approved summary thereof consisting of the chapter. R DAVID O. EARLING ATTEST/AUTHENTICATED: CI LERK, SG PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JE FREY B. TARADAY FILED WITH THE CITY CLERK: August 11, 2017 PASSED BY THE CITY COUNCIL: August 15, 2017 PUBLISHED: August 20, 2017 EFFECTIVE DATE: August 25, 2017 ORDINANCE NO.: 4078 SUMMARY OF ORDINANCE NO.4078 of the City of Edmonds, Washington On the 151h day of August, 2017, the City Council of the City of Edmonds, passed Ordinance No. 4078. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING CHAPTER 16.60 ENTITLED "CG — GENERAL COMMERCIAL ZONE," AND ECDC 20.60.045 ENTITLED "FREESTANDING SIGNS — REGULATIONS," REZONING CERTAIN PROPERTY TO CG — GENERAL COMMERCIAL ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE The full text of this Ordinance will be mailed upon request. DATED this 16th day of August, 2017. CITY CLERK, SCOTT SEY -5- Chapter 16.60 EXHIBIT 1 CG — GENERAL COMMERCIAL ZONE Sections: 16.60.000 CG zone. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design. 16.60.040 Operating restrictions. 16.60.000 CG zone. A. This chapter establishes the general commercial zoning district. B. Definitions. For purposes of this chapter, the following definitions apply. 1. Amenity space: outdoor space for uses that are considered to provide an amenity or benefit to people 2. Auto sales use: facilities for the commercial sale of motor vehicles, including buildings and areas typically associated with auto sales use, such as areas for the display and storage of automobiles that are sold or serviced as part of the overall auto sales use. 3. Frontage: the front part of a property or building adjacent to a street 4. Primary frontage (or "primary street frontage"): the frontage for a property that is adjacent to only one street or, for a property that is adjacent to more than one street, the frontage that is adjacent to the street that is considered primary over any other streets to which the property is adjacent. 5. Stepback: The upper portion of a building that is required to be set (or stepped) further back than the minimum setback otherwise required by ECDC 16.60.020.A. C. Where this chapter conflicts with any other, this chapter shall prevail for the general commercial district. 16.60.005 Purposes. The CG zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage economic vitality through businesses, investment, redevelopment, and efficient use of land; B. Encourage safe and comfortable access for pedestrians, transit, and motorists; 2017.05.05 Page 1 C. Encourage attractive mixed use development, affordable housing, and a variety of commercial uses; and D. Recognize the district's evolving identity and sense of place, including distinctions between different parts of the district, and be sensitive to adjacent residential zones. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this section; 2. Halfway houses; 3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off street parking and loading areas to serve a permitted use. 2. Indoor storage facilities that either comprise less than 40% of a permitted primary use of the building in which they are located or are in a separate accessory building or buildings comprising less than 40% of the total leasable building space used for the parcel's permitted primary use(s). 3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales, provided that such outdoor uses are screened from adjacent residential zoning districts. C. Prohibited Uses. 1. Mobile home parks. 2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.015 Location standards for sexually oriented businesses: All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes, seminars, or lectures conducted for a scientific or educational purpose; (4) printed materials or visual representations intended for educational or scientific purposes; (5) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (6) nudity within a hospital, clinic, or other similar medical facility for health -related 2017.05.05 Page 2 purposes; and (7) all movies and videos that are rated G, PG, PG13, R, and NC17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the following protected zones, whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses, whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; d. A public or private primary or secondary school; e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance from Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 2017.05.05 Page 3 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.020 Site development standards — General. A. Table. Except as hereinafter provided, development requirements shall be as follows: Dimensional Requirements Table Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side/Rear Setback Maximum Height Maximum Floor Area CG None None 5'/10" 0/151 75" None 1 Fifteen feet from all lot lines adjacent to RM or RS zoned property; otherwise no setback is required by this subsection.. z The 5' minimum width applies only to permitted outdoor auto sales use; otherwise the minimum is 10'. a None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Maximum height for purposes of this chapter need not include railings, chimneys, mechanical equipment or other exterior building appurtenances that do not provide interior livable space. In no case shall building appurtenances together comprise more than 20 percent of the building surface area above the maximum height. C. Pedestrian area. 1. For purposes of this chapter, the pedestrian area described herein is the area adjacent to the street that encompasses the public right of way from the edge of the curb (or, if no curb, from the edge of pavement) and the street setback area, as identified in Table A of this section. 2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone, and the streetscape zone. Providing improvements to the pedestrian area, as needed to be consistent with this subsection on at least the primary street, is required as part of development projects, excluding development that would not add a new building or that consists of building improvements that do not add floor area equaling more than 10% of the building's existing floor area or that consists of additional parking stalls that comprise less than 10% of the existing parking stalls or that consists of development otherwise exempted under this chapter. a. Activity Zone. The activity zone shall be the open-air pedestrian area from the building front to the edge of the pedestrian zone. The activity zone is the section of the pedestrian area that is reserved for activities that commonly occur immediately adjacent to the building facade. Typical amenities or activities included in the activity 2017.05.05 Page 4 zone include, but are not limited to, sidewalks, benches, potted plants, outdoor dining and shopping. The area shall be paved to connect with the pedestrian zone in an ADA- accessible manner. Stairs, stoops and raised decks or porches may be constructed in a portion of the activity zone. b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the streetscape zone. The pedestrian zone consists of a minimum 5-foot clear and unobstructed path for safe and efficient through -traffic for pedestrians. Architectural projections and outdoor dining may be permitted to encroach into the pedestrian zone only where a minimum 5-foot clear path and 7-foot vertical clearance is maintained within the pedestrian zone. c. Streetscape Zone. The streetscape zone is located between the curb or pavement edge to the edge of the pedestrian zone and shall be a minimum of 5 feet wide. The streetscape zone is the section that is reserved for pedestrian use and for amenities and facilities that commonly occur between the adjacent curb or pavement edge and pedestrian through -traffic. Typical amenities and facilities in the streetscape zone include, but are not limited to, street trees, street lights, benches, bus stops, and bike racks. Street trees shall be required in conformance with the Edmonds Street Tree Plan. N Q C f6 P6 U Ln +� VI OJ OJ Q,1 Q1 tl1 C -0 C v ) IV [J 5' min. � 5'-1 V+ d 18"-7+-jc Note: Numerical Ranges for the Pedestrian Zone and the Activity Zone are typical but do riot control aver other requirements of this chapter. (Illustration: Pedestrian Area) 2017.05.05 Page 5 B. Building stepback when adjacent to RS Zones 1. The portion of the buildings above 25 feet in height shall step back no less than 10 feet from the required setback to an adjacent RS zone. That portion of the building over 55 feet in height shall be step back no less than 20 feet from the required setback to an adjacent RS Zone. 2. Balconies, railings, parapets and similar features that do not enclose an interior space may extend into the stepback area in order to encourage more human activity and architectural features. Height limit: 75' — — — — — — I 1 I I 4 I I id I V I I � S I � I 4 4 I N I 3 Q 7 1 15'setback with 1 CY lm -pry L ffer (Illustration: Setback and "Stepback" of building adjacent to RS Zones) 16.60.030 Site development standards — Design. Design review by the architectural design board is required for any project that includes buildings exceeding 75 feet in height as identified in ECDC 16.70.020. Projects not exceeding this height may be reviewed by staff as a Type I decision. Regardless of what review process is required, all projects proposed in the CG zone must meet the design standards contained in this section. A. Screening and Buffering. 1. General. a. Retaining walls facing adjacent property or public rights of way shall not exceed 7 feet in height. A minimum of 4 feet of planted terrace is required between stepped wall segments. b. Tree landscaping may be clustered to soften the view of a building or parking lot, yet allow visibility to signage and building entry. 2017.05.05 Page 6 c. Stormwater facilities shall be designed to minimize visual impacts and integrate landscaping into the design. d. All parking lots are required to provide Type V interior landscaping, consistent with Chapter 20.13 ECDC e. Type I landscaping is required for commercial, institutional and medical uses adjacent to single family or multifamily zones. The buffer shall be a minimum of 10 feet in width and continuous in length. f. Type I landscaping is required for residential parking areas adjacent to single family zones. The buffer shall be a minimum of 4 feet in width and continuous in length. g. Type I landscaping is required for commercial and multifamily uses adjacent to single family zones. The buffer shall be a minimum of four feet in width and 10 feet in height and continuous in length. h. If there is a loading zone and/or trash compactor area next to a single family or multifamily zone, there shall be a minimum of a six -foot -high masonry wall plus a minimum width of 5 feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. i. Landscape buffers, Type I, shall be used along the edge of parking areas adjacent to single family zones. j. Outdoor storage areas for commercial uses must be screened from adjacent RS zones. 2. Parking Lots Abutting Streets. a. Type IV landscaping, minimum 5 feet wide, is required along all street frontages where parking lots, excluding for auto sales use, abut the street right-of-way. b. For parking lots where auto sales uses are located, the minimum setback area must be landscaped to include a combination of vegetation and paved pedestrian areas. c. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls that have architectural treatment meeting at least three of the elements listed in ECDC 16.60.030.D.2.e; ii. Type III planting and a grill that is 25 percent opaque; or iii. Grill work that is at least 80 percent opaque. B. Parking, Access, and Bicycle Storage Standards. 1. Parking requirements. Vehicle parking shall be provided as follows: a. Nonresidential uses, one space per 500 square feet of leasable building space; and b. Residential uses, an average of 0.75 space per unit that is less than 700 square feet, an average of 1.25 parking spaces per unit that is between 700 and 1,100 square feet, and otherwise 1.75 spaces per unit. c. In addition, guest parking for residential uses at a minimum ratio of one guest space for every twenty required parking spaces. d. For mixed use development, a portion of the parking spaces may be shared between residential and commercial uses provided the director finds that the proposal is supported by a parking study and/or nationally recognized parking standards and that the site plan assures access for all shared parking uses. 2017.05.05 Page 7 e. Parking meeting the non-residential parking requirements shall be open to the public throughout business operating hours. The first 3,000 square feet of commercial space in a mixed -use development with a shared parking plan is exempt from off street parking requirements. The development services director may approve a different ratio for the vehicle parking required by standards of subsection B.1 of this section when an applicant submits parking data illustrating that the standards do not accurately apply to a specific development. The data submitted for an alternative parking ratio shall include, at a minimum, the size and type of the proposed development, and the anticipated peak and average parking loads of all uses. The director may approve a parking ratio that is based on the specific type of development and its primary users in relationship to: a. An analysis conducted using nationally recognized standards or methodology, such as is contained in the Urban Land Institute's most recent version of the publication "Shared Parking" or the latest version of the Institute of Transportation Engineers publication "Parking Generation"; or b. A site -specific parking study that includes data and analysis for one or more of the following: i. 1/4 mile proximity to a bus rapid transit station and methodology that takes into account transit -oriented development; ii. Use of transportation demand management policies, including but not limited to free or subsidized transit passes for residents and workers; iii. On -site car -share and bike -share facilities: or iv. Uses that serve patients, clients, or tenants who do not have the same vehicle parking needs as the general population. V. Other methods that reduce the need for vehicle parking. 4. All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between 2 to 4 feet in height. Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. 5. Electric vehicle charging stations: One or more electric vehicle charging stations must be provided for all new development that includes housing. Required charging stations shall be installed to serve at least 10% of the required residential parking stalls. In addition, either additional stations or planned capacity (or a combination thereof) that can double the amount of initially required stations shall be provided. For this subsection, "planned capacity" means site design and construction that includes electrical wiring connection and ventilation, compliant with the City's building codes, to support potential or actual future electric vehicle charging stations. 6. Bicycle storage spaces: Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities where the development services director finds that the targeted population is not likely to use bicycles, shall be provided for residents at a ratio of 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet. Bicycle storage spaces shall consist of storage racks, lockers, or other secure space to accommodate sheltered, safe, and 2017.05.05 Page 8 convenient bicycle storage for building residents. Such space may be in a vehicle parking garage or another appropriate location but shall not be provided as open storage on a deck or balcony. Where sheltered bicycle storage is being provided within a dedicated common space of the building, the total number of required bicycle storage spaces may be reduced by up to 50% from that which is otherwise required, provided that one or more secure bicycle racks, useable by visitors, for at least four bicycles is provided within the front setback of the property. 7. Driveways accessing Highway 99: All driveway connections to Highway 99 must meet the applicable requirements of the Washington State Department of Transportation, including minimum requirements for distance between driveway access connections, which may be up to 250 feet to help promote traffic safety and minimize pedestrian -vehicle conflicts. 8. Paths within Parking Lots. a. Pedestrian paths in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands. b. Pedestrian paths shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to onsite buildings as well as to pedestrian walkways that border the development. c. Pedestrian paths shall be a minimum of six feet in width and shall be separated from the parking area either horizontally or vertically (e.g. with curbs). Where paths cross vehicular lanes, raised traffic tables should be considered if feasible. d. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 9. Bonus for Parking Below or Above Ground Floor. For projects where at least 50 percent of the parking is below or above the ground floor of the building, the following standards may be applied regardless of any ECDC standards that otherwise conflict: i. The minimum drive aisle width may be reduced to 22 feet. ii. The maximum ramp slope may be increased to 20 percent. iii. A mixture of full and reduced width parking stalls may be provided without demonstrating the stalls could also be provided at full width dimensions. 10. Drive —through facilities. Drive -through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, and espresso stands, shall comply with the following: a. Drive -through windows and stacking lanes shall not be located along the facades of the building that face a street. b. No more than one direct entrance or exit from the drive -through shall be allowed as a separate curb cut onto an adjoining street. 11. Pedestrian and Transit Access. a. Pedestrian building entries must connect directly to the public sidewalk and to 2017.05.05 Page 9 adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes where applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. c. Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. d. Pedestrian routes shall connect buildings on the same site to each other. C. Site Design and Layout: Overall, the design and use of each site shall be based on the building/street relationship and on the integration of pedestrian features. This will take the form of either a Pedestrian Oriented Design Area or an Alternative Walkable Design Area, as described below in subsections 1 and 2 of this section, provided that an exceptions process, pursuant to Subsection 3 below, may be allowed under the provisions of this section. Additional site design and layout standards in this section must also be met. 1. Pedestrian Oriented Design Area: Unless otherwise permitted under subsections 2 or 3 of this section, development must meet the requirements of this subsection for a pedestrian -oriented design area. Primary Frontage. At least 50% of a building's facade facing the primary public street shall be located within 20 feet of the property line where the primary street f r o n t a g e exists. The illustration below provides an example of this concept. The requirement does not apply to buildings that are behind another building on the same lot when the other building has a footprint of at least 3000 square feet and h a s met the requirement. Where site constraints preclude strict compliance with the requirement, the building line shall be measured one foot behind the line created by that constraint. On a corner lot or a lot with frontages on multiple streets, the development services director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; or iv. Unique characteristics of the lot or street. b. The building must include a prominent pedestrian entry on the primary frontage. Vehicle parking, other than where permitted for vehicle sales use, shall not be located within the first 20 feet of the primary street frontage. The first 20 feet of the primary street frontage may include building space, landscaping, artwork, seating areas, outdoor displays, and pedestrian and bicycle facilities. 2017.05.05 Page 10 2. Alternative Walkable Design Area Option: An alternative to the pedestrian -oriented design area requirements of subsection 1 in this section may be allowed by the development services director only for sites that the director has found to have unique and significant constraints related to pedestrian access and for which a phased design plan to increase pedestrian access and connectivity has been submitted to the development services department. While they currently may be largely auto -oriented, Walkable Design Areas have a high potential for walking, bicycling and transit service. If a development is allowed to use this standard, it shall be subject to the requirements of this subsection. a. Building Placement: For any new building permitted on a property after August 1, 2017, a minimum of 50% of the building's facade facing the primary street shall be located within 60 feet of the front property line or within 65 feet where a 5-foot landscaping area is provided between the parking lot and the sidewalk. When site constraints preclude strict compliance with this requirement, the building line shall be measured one foot behind the line created by that constraint. b. On a corner lot or a lot with frontages on multiple streets, the development services director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; iv. The location of any alley or parking areas; or V. Unique characteristics of the lot or street. c. No more than one double —sided row of parking spaces shall be allowed in the front of a building on its primary frontage. d. A pedestrian entrance must be located on the primary frontage. Building facade facing primary street shall be Pedestrian entrance located within 60 feet of the front property line Primary street frontage e. Required Amenity spaces, under subsection 4 below, shall be located to connect the building to the street as much as practicable, provided that amenity space may also be located between buildings where the space will be used in common. 2017.05.05 Page 11 3. Exceptions Process for Pedestrian or Walkable Design: An exception to the exact requirements of subsections 1 or 2 of this section may be allowed by the hearing examiner under a Type IIIA decision process to provide for design flexibility that still encourages pedestrian orientation and efficient land uses when the following criteria are met: a. The property is located within 300 feet of a highway interchange and has unique pedestrian access constraints or is primarily used for motor vehicle sales; b. The development provides business and pedestrian areas that are near the primary street frontage and likely to be active throughout the day and evening; c. The development features a prominent building entry for pedestrian use that is highly visible and connected by a well -lit walkway from the primary street frontage; d. At least 25% of the required amenity space shall be located to connect the building to the street in a manner that encourages pedestrian use and include seating, landscaping, and artwork e. Where a site has multiple buildings (excluding accessory utility buildings), 50% or more of the required amenity space shall be located between buildings to allow for shared use. No more than 50% of vehicle parking, other than that associated with a permitted vehicle sales facility use, may be located within 20 feet of the front property line. One or more buildings on the site must have at least two stories of useable space. 4. Amenity space. Amenity space is intended to provide residents, employees, and visitors with places for a variety of outdoor activities. a. An area equivalent to at least 5% of the building footprint shall be provided as amenity space. If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of the additional parking area. b. The amenity space shall be outdoor space that incorporates pedestrian - oriented features, such as, but not limited to, seating, paths, gazebos, dining tables, pedestrian -scale lighting, and artwork. A minimum of 10% of the required amenity space shall be comprised of plantings, which may include tree canopy areas and other shade or screening features. Native vegetation is encouraged. c. The majority of the required amenity space must be provided in one or more of the following forms: Recreation areas: an open space available for recreation. The area may be spatially defined by landscaping rather than building frontages. Its surface shall consist primarily of hardy groundcover or a material conducive to playground or recreational use. Decorative landscape features, such as flower 2017.05.05 Page 12 beds, shall not comprise more than 15% of the total area. Plazas: an open space available for community gathering and commercial activities. A plaza shall be spatially defined primarily by either building facades, with strong connections to interior uses, or close proximity to the public sidewalk, especially at the intersection of streets. Its surface shall be primarily hardscape, provided that trees, shade canopies, and other landscaping, as well as water features and artwork, may add visual or environmental features to the space. iii. Squares or courtyards: an open space available for unstructured recreation or community gathering purposes. A square is spatially defined by building facades with strong connections to interior uses. Its surface shall be primarily hardscape, supplemented by trees and other landscaping. Water features and artwork are optional. iv. Exception: A community garden may comprise a portion of any amenity space, provided that it: 1) is located more than 20 feet from a primary street frontage; 2) is dedicated to ongoing use by residents of the site, including for growing edible produce; and 3) includes facilities for watering the garden and storing garden supplies. Lighting: All lighting shall be shielded and directed downward and away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full "cut off" fixtures. a. Parking lots shall have lighting poles that are a maximum of 25 feet in height. Pedestrian paths or walkways and outdoor steps shall have pedestrian -scaled lighting focused on the travel path. Pole height shall be a maximum of 14 feet, although lighting bollards are preferred. b. For pedestrian paths and walkways on internal portions of the site, solar -powered lighting may be sufficient. c. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design Standards 1. General. To provide variety and interest in appearance, the following design elements should be considered, and a project shall demonstrate how at least four of the elements will be used to vary the design of the site: a. Building massing and unit layout, b. Placement of structures and setbacks, c. Location of pedestrian and vehicular facilities, d. Composition and character of open space, plant materials and street trees, e. Variety in architectural elements, facade articulation, and/or building materials, f. Roof variation in slope, height and/or materials. 2017.05.05 Page 13 2. Building Design and Massing. Buildings shall convey a visually distinct "base" and "top, which may be achieved through differences in massing elements and/or architectural details. The bulk and scale of buildings of over 3,000 square feet in footprint shall be mitigated through the use of massing and design elements such as facade articulation and modulation, setbacks, step -backs, distinctive roof lines or forms, and other design details. c. Primary Frontage: On the primary frontage, to provide visual connection between activities inside and outside the building, 50% of the building facade between 2 and 10 feet in height, as measured from the adjacent sidewalk, shall be comprised of ■ SM Min Transparency (may include all Windows and glass doors, but not mirrored finishes) windows or doors that are transparent, the bottom of which may not be more than 4 feet above the adjacent sidewalk. A departure from this standard may be approved when the facade will not be visible from the public street due to the placement of other buildings on the site, provided that the requirements of subsection "e " in this section shall apply. i. On the primary frontage, no vehicle parking shall be located within the first 20 feet of the first level of a building facing the street except where such parking is underground. d. All Other Building Frontages: All street -facing facades within 30 feet of a public street, other than for the primary frontage or those facing an alley or the last block of a dead-end street, shall comply with the standard below. i. Thirty percent (30%) of the building facade between 2 and 10 feet in height shall be made of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. Windows shall not be mirrored or have glass tinted darker than 40% in order to meet this requirement. e. Wall treatment: Building facades not subject to all requirements of ECDC 16.60.030.D.2.c or ECDC 16.60.030.D.2.d are intended to not display blank, unattractive walls to the public or to other building tenants. To accomplish this, walls greater than 30 feet in length shall have architectural treatment that incorporates at least four of the following elements into the design of the facade: i. Masonry (except for flat concrete block). ii. Concrete or masonry plinth at the base of the wall. 2017.05.05 Page 14 iii. Belt courses of a different texture and color. iv. Projecting cornice. V. Projecting metal or wood canopy. vi. Decorative tilework. vii. Trellis containing planting. viii. Medallions. ix. Artwork or wall graphics. X. Vertical differentiation. A. Decorative lighting fixtures. xii. Glazing xiii. An architectural element not listed above that is approved by the director to meet the intent of this subsection. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010(B); 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. Public markets; provided, that when located next to a single family residential zone, the market shall be entirely within a completely enclosed building; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 8. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Interim Use Status — Public Markets. 1. Unless a public market is identified on a business license as a year-round market within the city of Edmonds, a premise licensed as a public market shall be considered a temporary use. As a temporary activity, any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established in this chapter. C. Ongoing Uses. 1. Audio equipment at drive -through facilities shall not be audible off site. 2. Development subject to the standards of this chapter shall continue to meet the standards of this chapter except as specifically permitted otherwise. 2017.05.05 Page 15 -]EXHIBIT 2 A.Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B.Maximum Area. The maximum area of a freestanding sign shall be as follows: Zone I Maximum Area of Sign RS, RM 10 square feet (subdivision, PRD, multifamily) 4 square feet (individual residence sign) BN, BP 24 square feet (single) 48 square feet (group) BC, BD, 32 square feet (single) WMU, FVMU 48 square feet (group) CW 32 square feet (single) 48 square feet (group) CG Sign area shall be govemed by subsection (C) of this section C.Allowable Sign Area for Freestanding Signs — CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or Page 1 Formatted: Header Formatted: Footer r' - --- --- Formatted: Header occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection (E) of this section shall be limited to 160 square feet. D.Maximum Height. The maximum sign height of freestanding signs shall be as follows: Zone Maximum Height of Sign 14 feet BN, BP, BC, BD, CG, CW, WMU, FVMU •------------------------------------------------------ Deleted: CG Formatted Table Deleted: 25 feet Page 2 Formatted:Footer Page 3 I Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH773342 ORD 4077-4081 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 08/20/2017 and ending on 08/20/2017 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $68.8Q.� j1 1 Subscribed and sworn befo me on this day of , o7D s N ary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY ORDINANCE SUMMARY of the City e1 Edmunds, Washinglon On the, 151h day of August. 2017, the City Council al the City of Edmonds, passed the following Ordinances, the Surnmarlea of the content of Said ordinances concisling of lilies ate provided as lo8ows- ORDINANCE NO.4077 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE HIGHWAY 99 SUBAREA PLAN AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN ORDINANCE NO.4078 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, AMENDING CHAPTER 16.60 ENTITLED "CG - GENERAL COMMERCIAL ZONE," AND ECDC 20.60,045 ENTITLED 'FREESTANDING SIGNS - REGULATIONS,"REZONING CERTAIN PROPERTY TO CG - GENERAL COMMERCIAL ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDINANCE NO.4079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO THE STATE EWRONMPJNTAL POLICY ACT ORDINANCE NO.4080 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.38 OF THE EDMONDS CITY CODE, MULTI -FAMILY TAX EXEMPTION PROGRAM ORDINANCE NO.4081 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.75 OF THE EDMONDS CITY CODE, BUSINESS IMPROVEMENT DISTRICT The lull text at (hose OttSnances will be mailed upon requssl, WED This 16th day of August, 2017, CITY CLERK, SCOTT PASSEY PutrlrehW! Augua120. 2017. EDH773342 Lj