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Ord 3134.pdf0006.900000 WSS/rin 01/29/97 01/30/97gjz ORDINANCE NO. 3134 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ADJACENT TO STATE ROUTE 104 WITHIN AN AREA OF THE CITY KNOWN AS THE WESTGATE CORRIDOR AND DEFINED HEREIN FROM SINGLE-FAMILY RESIDENTIAL (RS -6) AND MULTI -FAMILY RESIDENTIAL (RM -2.4) TO PLANNED BUSINESS (BP), AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds Planning Board at a series of public hearings considered amendments to the official zoning map related to the Westgate area adjacent to State Route 104 and has made recommendations and findings which were forwarded to the City Council, and WHEREAS, the City Council after a public hearing reviewed the recommendation of the Planning Board and has determined that the proposed amendment should be approved according to the following findings of fact and conclusions: 1. The area in question lies adjacent to State Route 104, an area of busy vehicular traffic and commercial activity which creates noise and other negative impacts to adjacent residential property. 2. Continuing change in the neighborhood has depressed the value of the subject sites as residential properties, and the value of the properties being greater as commercial properties. 153099 -1- 3. Other commercial properties, both grandfathered and appropriately zoned are located in the Westgate corridor adjacent to these subject sites. 4. There are no significant environmental impacts associated with the rezone which cannot be appropriately mitigated. 5. Based upon the preceding findings, the City Council concludes that the proposal is consistent with the Comprehensive Plan, that the relationship of the existing zoning with the property has significantly changed and justifies a rezone, the property is economically and physically best suited for the uses permitted under the planned business zone and that the relative gain of the public health, safety and welfare from the rezone would be increased commensurate with the value of the property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The official zoning map of the City of Edmonds as adopted by Section 17.00.010 of the Edmonds Community Development Code is hereby amended to change the zoning classification for certain property described on the attached Exhibit A from RS -6 (single- family residential --6,000 sq. ft.) and RM -2.4 (multi -family residential --2,400 sq. ft.) to Planned Business (BP). The legal description of the property to be rezoned is set forth in the attached Exhibit A, incorporated by this reference as if set forth in full. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, 153099 -2- such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by unanimous vote of the members of the City Council. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY MERK: 02/28/97 PASSED BY THE CITY COUNCIL: 03/04/97 PUBLISHED: 03/09/97 EFFECTIVE DATE: 03/14/97 ORDINANCE NO. 3134 153099 -3- LEGAL DESCRIPTION FOR REZONE R-95-140 SR -104 corridor Those portions of the southwest quarter of Section 25, Township 27 North, Range 3 East, W.M.; described as follows: Lots 4 and 5 of Pinestone, as recorded in Volume 46 of plats, Page 226, Records of Snohomish County, Washington; Lots 1,2,3, and 8 of Bel Aire Division A, as recorded in Volume 19 of plats, Page 106, Records of Snohomish County, Washington; except that portion within the right-of-way of State Route 104; Commencing at the northeast corner of the southwest quarter of the southwest quarter of said Section 25; thence N 88032'07" W along the north line of said subdivision 319.5 feet to the point of beginning; thence S 391105'00" E a distance of 405.97 feet; thence N 50055'00" E 76.2 feet more or less to a point of intersection with the easterly line of said subdivision; thence S 1 011'36" W along said easterly line to its intersection with the northeasterly right-of-way margin of State Route 104; thence N 39005'55" W along said margin and the northeasterly right-of-way margin of Paradise Lane to its intersection with the north line of said subdivision; thence S 881,32'07" E along said line 197.4 feet to the point of beginning. Except that portion within the right-of-way of State Highway SR -104. That portion of the east half of the west half of the southwest quarter of said Section 25 lying southerly of the southwesterly right-of-way margin of Paradise Lane and northerly of the northeasterly right-of-way margin of State Highway SR -104. That portion of the southeast quarter of the southwest quarter of said Section 25 lying southwesterly of the southwesterly right-of-way margin of State Highway SR -104 and northeasterly of the toe of a slope described by the following described line: Commencing at the southwest corner of said subdivision; thence northerly along the west line of said subdivision 300.01 feet to the southeast corner of Lot 19, Westgate Estates, as recorded in Volume 20 of plats, Page 121, records of Snohomish County, Washington, being the point of beginning of the line herein described; thence southeasterly to a point on the south line of said subdivision lying 185.67 feet east of the southwest corner of said subdivision, being the terminus of the line herein described. R95140.DOC C.'(&O SUMMARY OF ORDINANCE NO. 3134 of the City of Edmonds, Washington On the 4th day of March , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3134 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED ADJACENT TO STATE ROUTE 144 WITHIN AN AREA OF THE CITY KNOWN AS THE WESTGATE CORRIDOR AND DEFINED HEREIN FROM SINGLE-FAMILY RESIDENTIAL (RS -6) AND MULTI- FAMILY RESIDENTIAL (RM -2.4) TO PLANNED BUSINESS (BP), AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5th day of March , 199_ CLERK,CITY D•. S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOD61ISH, J} SUMMARY OF ORDINANCE NO. 3134 Of the City of Edmonds, Washington the 4th day of March, 1997, the City Council of the City of nds, passed Ordinance No. 3134. A summaryof the nt of said ordinance, consisting of the title, provides as Is: RDINANCE OF THE CITY OF EDMONDS, WASHINGTON, (DING THE OFFICIAL ZONING MAP OF THE CITY OF )NDS TO CHANGE THE ZONING DESIGNATION OF AIN REAL PROPERTY LOCATED ADJACENT TO STATE rE 104 WITHIN AN AREA OF THE CITY KNOWN AS THE t-IMNU A TIME WHEN THE SAME SHALL BECOME �PFEC- TVE. The full lext of this ordinance will be mailed upon request. DATED this 5th day of March, 1997. SANDRA S. CHASE City Clerk Exhibit A LEGAL DESCRIPTION FOR REZONE R-95-140 SR -104 corridor Those portions of the southwest quarter of Section 25, Township 27 North, Range 3 East, W.M.; described as follows: Lots 4 and 5 ofPinestone, as recorded in. Volume 46 of ipptats, Page 226, Records of Snohomish County, Washin ton; Lots 1,2,3, and 8 of Bel Aire Division. A, as recorded in Volume 19 of plats, Page 106, Records of Snohomish ` County Washington; except that portion within the right-of- way of State Route 104; - Commencing at the northeast corner of the southwest quarter of the southwest quarter of said Section 25; thence N 88°32'07" W along the north line of said subdivision 319.5 feet to the point of beginning, thence S 39°05'00" E a distance of 407 feet; thence N 50°55'00" E 76.2 feel more or Te"1.4 s t5.9 o a point of intersection with the easterly line of said subdivision; thence S 1°11'36" W along said easterly line to its intersection with the northeasterly right - O! -way margin of State Route 104; thence. N 39°05 55 W along said margin and the northeasterly right-of-wayy margin said asubdlvisfon; thence intersection 8 3 7 withthe talonggprsaid line jI 197,4 feet to the point of beginning. Except, that portion IIwithin the righC-ot-way of Slate Highway SR -104. That portion of the east hall of the west half of the southwest quarter of said Section 25 lying southerly of the southwesterly right-of-way margin of Paradise Lane and northerly of the northeasterly right-of-way margin of Slate Highway SR -104. That portion of the southeast quarter of'the southwest southweSterlyridghso way margin of Stale Highway SR -104 and northeasterly of the toe of a slope described by the following described line: ' Commencing at the southwest corner of said subdivsubdivision` thence 300.01 feet torltyhetsoutheast corner ofsLo 19 Westgate Estates, as recorded in Volume 20 of plats,: Page 121, records of Snohomish County, Washington, being the point of beginning of the line herein described; thence southeaster)y to a point on the south line of said subdivision lying 185.67 feel east Of the southwest corner of said subdivision, being the Published: March 9, 199781n described. B - 2 - I 1 • 1 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 ................................................ .. ................ 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: March 9, 1997 .........................................................................................._...-...-...........................---•-- --.-....._}...........................................�........_.-....._............._........................................ and thdt said newspaper w�regularfy--distributed to its subscribers fur- njz all of said period. , ........................................... Principal Clerk Subscribed and sworn to before me this 10th dayf .......Mar .........................................• ....., 19.9.7.... No Public in and for th Stat of Washington, residing at Everett, Snoho ish unty. IXOTAR�,