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Ordinance 3955 Limit Office Uses.pdfORDINANCE NO. 3955 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.43.020 RELATING TO LIMITING CERTAIN OFFICE USES FROM LOCATING IN BUSINESS SPACES ALONG DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN THE DOWNTOWN BUSINESS 1 (BD1 - DOWNTOWN RETAIL CORE) ZONE. WHEREAS, the existing City of Edmonds, Washington Economic Development Plan contains goals to foster a healthy business community that provides employment and other economic opportunities, revitalization of the City's business districts, balancing redevelopment, preservation and the need for consumer amenities, diversifying the tax base and increasing revenues, as well as strengthening the quality of life and vitality of the community for residents, workers and visitors to enjoy; and WHEREAS, city or town downtown centers/districts typically promote compact, pedestrian -oriented development with a diverse mix of business, commercial, entertainment, and other uses for workers, visitors, and residents; and WHEREAS, Goal 2, Policy 2i of the Economic Development Plan states "Create synergy for commercial businesses where possible, for example, by implementing a "retail core" area in the downtown"; and WHEREAS, the City's Comprehensive Plan has goals and policies which include "define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity" (pg. 45); and "....provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core...." (pg. 45); and WHEREAS, currently the ECDC allows the ground floor of buildings along designated commercial street frontages within the BD Zone to be used for commercial purposes other than those tied to retail, eating and drinking establishments, theaters and cultural facilities; and WHEREAS, the City Council approved in year 2011, new commercial depth requirements of 45 feet along commercial street frontages within Edmonds' Downtown Zones; and 1 WHEREAS, in 2011, the Council requested a review of a proposal to limit certain office uses along street frontages of the BD Zone; and more specifically within business spaces located within the first 45 feet of commercial street frontages of BD Zones measured from public rights-of-way; and WHEREAS, the City held two (2) downtown community meetings with property owners in 2013 regarding a proposal to limit certain office uses along commercial street frontages within the BD 1 Zone and provided many opportunities for the involvement of private, public agencies, civic, education, and other community and interested groups during the review process which took place in 2011, 2012 and 2013; and WHEREAS, the Edmonds Planning Board and City Council held public workshops and public hearings in 2013 during which the they received and considered written and oral comments; and WHEREAS, there is a desire to create an active thriving downtown commercial core that serves as the City's primary gathering place for greater social interaction; create a compact assembly of storefronts housing a mix of uses, short walkable blocks, and pedestrian amenities; create a place that represents a unique, attractive, and memorable destination for visitors and residents; and strengthen opportunities for economic vitality and support pedestrian activity; and WHEREAS, this ordinance is intended to preserve and strengthen the distinctive character and charm of downtown Edmonds by providing improved opportunities for retail/entertainment oriented establishments to cluster for the convenience of the public and to create mutually beneficial business relationships thereby creating a dedicated area for "destination retail/entertainment"; and WHEREAS, the City Council introduced this ordinance at its meeting of January 21, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Section 16.43.020 of the Edmonds City Code, entitled "Uses," is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in s4ike Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AI.J"i" IEN"PICA"I' l:.)�: (, Y CLERK, S " 'T PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Jeffrey 1.. Taraday, City Ate ey FILED WITH THE CITY CLERK: 01-17-2014 PASSED BY THE CITY COUNCIL: 01-21-2014 PUBLISHED: 01-26-2014 EFFECTIVE DATE: 01-31-2014 ORDINANCE NO. 3955 3 r R VID O. EARLING SUMMARY OF ORDINANCE NO. 3955 of the City of Edmonds, Washington .On the 21" day of January, 2014, the City Council of the City of Edmonds, passed Ordinance No. 3955. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.43 RELATING TO LIMITING CERTAIN OFFICE USES FROM LOCATING IN BUSINESS SPACES ALONG DESIGNATED GROUND FLOOR STREET FRONTAGES WITHIN THE DOWNTOWN BUSINESS 1 (BD1 - DOWNTOWN RETAIL CORE) ZONE.. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of January, 2014. CITY CLERK: SCOTT PASSEY 4 Attachment A 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BDII I GFSF(') BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/Law Firms A X Financial A X Advising A X _X Mortgage A Banks (without tellers) A X Accounting A X Counselinq A X Architecture A X Enaineerinq A X Advertising A i Insurance A X Fitness related business (yoga/pilaLe/,qymffitness dubj Tk X Service uses A A (2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on-site retail outlet open to the public A A A A A A Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter A A A A A A 4.90 ECC'' Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) — must be located on second floor or bahnd first d5 fas=t from sidewalk or rights of way. A LX A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C (Auction businesses, excluding vehicle or livestock X auctions C C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X Day-care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses e.g.,, A X Physicians A X Dental A_ X Optometrist (without retail) A_ X Physical Therapy (without retail) A X Counselinq A X Other similar medical services A X Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C C Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D FDJ D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: (1) BD1 Zone GFSF = Ground Floor Designated Street Fronta efirst 45 feet measured from public rights of way/sidewalk or parks/plazas) as defined under, Edmonds Communit Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildinas set back 15 feet or more from the sidewalk shall not be subject to the BD1 Zone GFSF re uirements,. (2) Services - by appointment uses not providing open door retail/dininq/entertainment functions as a primarycomponent of the business are not allowed within BD1 GFSF first 45 feet .Oen door businesses e,q., real estate offices. banks (with tellers and no drive throuahs), nail and hair salons are For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. [Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Aft. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1, 2008]. 16.43.020.6 Exception to the BD1 GSFS - The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria. 1. The space is less the 500 square feet; 2. The space does not contain direct access to the street or sidewalk - 3. The previous use was a nonconforming use e.g. not retail); and 4. The space has been vacant for a period of more than six months. E3 Everett Daily Herald Affidavit of Publication STATE OF WASHINGTON } COUNTY OF SNOHOMISH } SS 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 is a true copy of City Ordinances - Ordinance Summaries 3955- 3959 540131 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: 1 issue(s), such publication commencing on 01/26/2014 and ending on 01/26/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ 79.12 r Skibscribed and sworn before me on this 20711 nday oQ� _ Noublkin �andfor tlTc Stine et 1" Washington, residing at Everett, Snohomish County. City of Edmonds EDH 101416 - PO: ORD 3955-3959 ORDERED BY: LINDA HYND ORDINANCE NO. 3959 AN ORDINANCE OF THECITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR The full tet of any Ordinance will be mailed upon request. Dated this 22ND ay of January, 2014. CITY CLERK, SCOTT PASSEY Published: January 26, 2014.