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Resolution 386PLANNING COMMISSION RESOLUTION NO. 386 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMEND- ING DENIAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF SAID CITY TO REZONE FROM NEIGHBORHOOD BUSINESS (BN) TO COMMUNITY BUSINESS (BC) THAT PROPERTY DESCRIBED IN PLANNING COMMISSION FILE NO. R-4-72. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment to the Official Zoning Map of said City to redesignate certain real property from Neighborhood Business (BN) to Community Business (BC); and WHEREAS, having made the findings set forth in Exhibit "A" attached hereto, the Planning Commission determined that the real property described in Exhibit "B" attached hereto should not be redesignated; now, therefore, BE IT RESOLVED, that recommendation be and the same here- by is made to the City Council of the City of Edmonds that the pro- posed amendment be denied. DATED as of the 19th day of July, 1972. Chairman, Edmondg Panning Commission Edmonds City Planner File No.: R-4-72 Application by: Cecil Ferrill Proposed Amendment: BN to BC Date of Hearing: July 19, 1972 Planning Commission Resolution No. 386 EXHIBIT "A" The proposal conflicts with the City policy of maintaining small BN zoned areas in the outlying residential areas. All four corners of this intersection are zoned for Neighborhood Business use by the County and City. Approval of the rezone would create a "s.pot zone" giving greater development rights to only one owner. Planning Commission Resolution No. 386 EXHIBIT "B" Description of the area as described in File No. R-4-72. Edmonds Sea View Tracts Blk 000 D-02- E 212 ft. of lot 106 lying south of Beverly Park Road as meas alg S In TGW th ptn Lot 107 DAF Beg NE cor Lot 107 TPB th W al Nly In 170 f t th S plt E In sd Lot TAP 52 ft N of S In sd lot Th E plt S In & 52 ft addi- tional legal on file. -4- A motion was made by Councilman Haines and seconded by Councilwoman Shippen to instruct the City Attorney to draw up the proper ordinance to reflect the wishes of the Council to rezone the property to RD with a 16 lot limit and also a 32 dwelling limit. He added further that we have this drawn up and approved at the September 5th meeting. Councilman Haines inquired if he could add that if the property was not developed within the specified time, if the zoning could revert to the present zoning. The City Attorney answered that at the expiration of the two year period the City would have the power to rezone if it wished. Following this the motion carried. CONSIDERATION OF PRELIMINARY PLAT OF 14APIEWOOD P-10-72 (CONTINUED FROM AUGUST 15) After some preliminary statements City Planner Merlin Logan recommended approval of the plat. Councilman Gellert then made a motion seconded by Councilman Tuson to approve the preliminary plat of Maplewood subject to engineering and planning requirements and subject to the zoning in effect at the time of the development Motion carried. HEARING: ON APPEAL FROM RECOMMENDATION IN PLANNING COMMISSION RESOLUTION #386 - RECOMMENDING DENIAL OF A PROPOSED AMENDMENT TO THE OFFICIAL, ZONING MAP TO REZONE FROM BN TO BC PROPERTY DESCRIBED IN PLANNING COMMISSION FILE R-4-72. City Planner Merlin Logan stated that the Planning Commission recommended denial of this rezone by a vote of 4 to 2. This property is in the Perrinville area and was zoned BN in 1964 along with several other areas, including the North Edmonds area at 196th. It was done to specifically allow and encourage a very restricted type of business establishment on a small scale in residential areas. Concerning this particular piece of property, Mr. Logan says he questions the legality of the City approval of this rezone, because it would give one property owner greater development rights than anyone else in the surrounding area. He said the city could possibly be taken to court for establishing a spot rezone. In reply to a question from Councilman Tuson, Mr. Logan answered that Mr. Ferrill, the owner of the property, had two possible tenants. One would be a motorcycle repair shop and the other an auto repair shop. Mr. Tuson stated that it would depend on the property development of the property for that use. Councilman Haines noted that for a number of years this property was a service station, but that it was essentially a repair shop. Mr. Forsgren said that the corner is an eyesore and by no reasonable stretch of the imagination could the area be considered residential. He stated further that Mr. Ferrill is a successful business man and a member of the Snohomish County Planning Commission, so he is sure Mr. Ferrill would not operate a business that would be a detriment to the City of Edmonds. At this time the hearing was opened. Mr. Cecil Ferrill stated that he definitely would like a rezone on the property so that he could develop it. He said he has received calls from time to time from persons asking him to beautify the corner, but of course cannot afford to remodel the building unless he has a tenant to go in there to bring the money back in. Councilman Gellert asked if Mr. Ferrill thought a motorcycle repair shop would be excessively noisy. Mr. Ferrill assured the Council that he would be willing to abide by any noise restrictions in effect. Following further discussion the hearing was declared closed. Councilman Haines wondered if we could have a contract rezone, since the only item before the Council is the one corner and this way we could put noise control in the contract. Mr. Logan suggested that a better way would be to amend the zoning ordinance to allow certain auto repair activity conditionally in a neighborhood business zone, subject to the Board of Adjustments' review. A motion was made by Councilman Haines to instruct the Planning Commission to hold hearings on amending the ordinance on neighborhood business to allow auto repairs in that -5- zone by'Conditional Use Permit. At this point the chair asked the City Attorney if we should vote on this motion or handle the agenda item first. Mr. Wallace answered that the agenda item should be voted upon first. Therefore, a motion was made by Councilwoman Shippen to uphold the Planning Commission denial on the proposed amendment to the official zoning map from BN to BC the property described in Planning Commission File R-4-72. Councilman Gellert seconded and following a roll call vote the motion carried with Councilman Tuson and Councilman Winters voting no. At this point Councilman Haines restated his motion. Councilman Gellert seconded. Then Councilman Gellert amended the motion adding that we instruct the Planning Commission in their review of the permitted uses as far as automobile repair shops that they give consideration to the scope of the repair and the noise j level. Councilwoman Shippen seconded the amendment. Councilman Winters then made an amendment to the motion that the square footage of the building be taken into consideration in that study also, and Councilman Gellert seconded. Both amendments carried. The motion as amended then carried with Mayor Protem Nordquist voting no. Councilman Haines made a motion seconded by Councilman Winters to instruct the Planning Commission to proceed with this study in a most expeditious manner. Motion carried. PRESENTA`l'ION OF PETITION F'OR ANT-TEXATION - ANCHOR BOAT SALES Mayor Protem Nordquist presented a petition for annexation from Anchor Boat Sales. He also read a letter from Burlington Northern to Jim Murphy asking Mr. Murphy to place before the Council a petition regarding certain Burlington Northern property to be annexed to the City of Edmonds. It has been signed by Mr. R. L. Merklin, Vice President of the company. A motion was made by Councilman Tuson and seconded by Councilman Haines that the City Attorney draw an ordinance for annexation of this property and set hearing for September 19th. Motion carried. DETERMINATION OF STREET PRIORITIES FOR USE OF FUNDS FOR UNDERGROUNDING Councilwoman Shippen presented to the Council some suggestions on street priorities for undergrounding. She said we do have money for this activity and thought we should begin to think about how to spend that money in the wisest way possible. She said she used five standards namely: the view corridor, is it a city entrance, are improvements scheduled on it, is it a commercial street and are residents interested. She chose six streets that fall in this category. She proposed the following in order of priority: 1. Main Street from 6th to the ferry. 2. Fifth South from new ferry overpass to Main. 3. State Highway north from Sunset to 88th. 4. Olympic View Drive. 5. Dayton from 6th to Railroad Avenue. 6. Olympic Avenue. Mrs. Shippen stated if these suggestions were adopted the next step to consider would be the cost and the formula for determining who pays what. She thought the formula for undergrounding heavily traveled streets should be different. from that of a residential street. The final step would be assessing interest, either the businessmen or residents who occupy these streets. Councilman Gellert suggested adding all blocks contiguous to Edmonds Civic Center and Third Avenue from Caspers to Main. Mr. Nordquist stated that he would like to see an overall useage of this money rather than just downtown. JoAnn Warner, present in the audience, stated that a major improvement has been made by painting all of the buildings on Main Street and since it is the old part of town, and historic preservation is the big thing now, therefore we could