Ordinance 4215ORDINANCE NO.4215
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 16.80 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
REVISE THE USES AVAILABLE IN THE P (PUBLIC USE)
ZONE, PROVIDING FOR SUNSETTING AND
SEVERABILITY, AND SETTING AN EFFECTIVE DATE FOR
THIS INTERIM ZONING ORDINANCE.
WHEREAS, it has come to the City's attention that the City has entered into leases with
certain nonprofit corporations for the occupation and use of certain portions of public buildings
located in the P — Public Use zone, as set forth in Chapter 16.80 of the Edmonds Community
Development Code (" BCDC"), without the express allowance of such a use in that zone; and
WHEREAS, the City Council has determined that the continued use of such public
property building spaces is beneficial to the City and the public; and
WHEREAS, an amendment to the P-Zone uses to allow as a permitted use the lease of
public property building spaces under certain circumstances will allow appropriate use of
otherwise unused public property building spaces while providing for the reclamation of such
spaces for City use when needed; and
WHEREAS, pursuant to RCW 36.70A.390, the City Council may adopt this interim zoning
ordinance without first holding a public hearing, but must hold a public hearing within at least
sixty (60) days of its adoption; and
WHEREAS, the COVID-19 crisis has prevented the City from using its normal public
participation process leading up to the adoption of this interim zoning ordinance;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 16.80 entitled ' P — Public Use" 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 is shown in underline).
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Section 2. Sunset. This interim zoning ordinance, which is governed by RCW 36.70A.390,
shall remain in effect for 180 days from the effective date or until it is replaced with another
ordinance adopting permanent regulations, after which point it shall have no further effect.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. 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.
Section 5. Adoption of Findings. The city council hereby adopts the above "whereas"
clauses as findings of fact in support of the adoption of this interim zoning ordinance.
APPROVED:
MANOR MIKE NELSON
ATTEST/AUTHENTICATED:
CIERK'SQ0T10<SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: February 19, 2021
PASSED BY THE CITY COUNCIL: February 23, 2021
PUBLISHED: February 26, 2021
EFFECTIVE DATE: March 3, 2021
ORDINANCE NO. 4215
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ATTACHMENT A
CHAPTER 16.80
P — PUBLIC USE
Sections:
16.80.000 Purposes.
16.80.010 Uses.
16.80.020 Conditional use permit criteria.
16.80.030 Site development standards.
16.80.000 Purposes.
The P district has the following purposes:
A. To provide for siting and development of regional public facilities to be located in or near
residential areas and to establish standards which will minimize the impact of these facilities on
nearby properties;
B. To regulate the use of these lands to assure their continuing availability for public use.
16.80.010 Uses.
A. Permitted Uses.
1. Regional public facilities;
2. All local public facilities subject to the additional requirements of ECDC 17.100.050;
3. Neighborhood parks, natural open spaces, and community parks with an adopted master
plan subject to the requirements of ECDC 17.100.070;
4. Primary and high schools subject to the additional requirements of ECDC 17.100.050 (G)
through (R).
5. Leases of public property building spaces by non-profit corporations under terms that allow
for the reasonably prompt return of such property to public use, as needed.
B. Permitted Secondary Uses.
1. Facilities comparable with and designed to serve permitted uses (e.g., restrooms, safety
lighting, fencing, benches, tables, minor shelters, athletic structures, minor service support
structures, associated storage and maintenance yards, and incidental parking for five or less
cars);
2. Commercial uses incidental to and related to a sited regional public facility, such as
restaurants, snack bars, gift shops, tourist shops, etc.
C. Uses Requiring a Conditional Use Permit.
1. Service and support facilities for permitted uses (e.g., transportation storage and
maintenance; service and repair shops; outdoor storage);
2. Municipal and franchised service facilities including storage and maintenance buildings and
yards, sewage treatment facilities, water storage and pumping facilities, substations;
3. Stadiums, bleachers, playfield lighting, clubhouses, and swimming pools;
4. Structures over 25 feet in height;
5. Regional parks and community parks without a master plan subject to the requirements of
ECDC 17.100.070.
16.80.020 Conditional use permit criteria.
In considering a conditional use permit application under Chapter 20.05 ECDC for the public use (P)
zone, the hearing examiner and/or city council shall consider the following:
A. Impact of the proposal on the visual and aesthetic character of the neighborhood;
B. Orientation of facilities to developed or undeveloped residential areas;
C. Preservation of natural vegetation and/or other natural features;
D. Hours of operation; performance standards; conformance of the proposal with the city's noise
ordinance;
E. Ability of the proposal to provide for adequate on -site parking; and traffic impacts of the proposal
on the neighborhood.
16.80.030 Site development standards.
Although each public use will undergo extensive review by the ADB in light of its relationship to its
surrounding neighbors, there will be certain minimum development standards to be used in the
design of these facilities. These standards may be subject to the grant of variance under the
provisions of ECDC 20.85.000.
A. Minimum Setbacks. A minimum landscaped setback of 20 feet shall be maintained from a public
street or other property lines, except that a setback of 25 feet shall be maintained for all structures,
structured play areas and structured athletic fields from adjacent residentially zoned properties.
These setbacks shall be fully landscaped.
Ld
B. Height. The maximum height of a building in this zone shall be 25 feet, unless a conditional use
permit has been obtained, except that the height of schools shall be governed by ECDC 17.100.050
(1). A conditional use permit for additional height may permit structures up to a maximum height of 60
feet.
C. Lot Coverage. The maximum lot coverage by buildings and other structures shall not exceed 35
percent unless a conditional use permit has been obtained.
D. Signs. All signs shall be subject to ADB approval. Signs shall be kept to a minimum size, which is
compatible with the surrounding neighborhood and uses, while providing adequate visibility.
E. Landscaping. Site landscaping requirements shall be reviewed pursuant to Chapter 20.13 ECDC.
F. Parking. All regional public facilities shall comply with the minimum off-street parking requirements
contained in ECDC 17.50.030.
1. All on -site parking lots shall be screened from adjacent residential properties with a solid
wall or sight -obscuring fence not less than six feet in height. Such walls or fences may be built
progressively as the parking facilities are installed. Landscaping shall be installed in
accordance with ECDC 20.13.025.
2. Regional public facilities shall submit a transportation management plan for approval by the
city. The plan shall address the following: traffic control, parking management, mitigation
measures for overflow parking into adjoining residential areas, and traffic movement to the
nearest arterial street.
G. Orientation to Transportation Facilities. All regional public facilities must be located adjacent to or
within 500 feet of a principal or major arterial street.
H. Transit. All regional public facilities shall be located within 1,500 feet of an existing transit center.
At least one on -site transit stop or station shall be required. The transit stop or station shall include a
turnout of suitable size and location to accommodate public buses.
I. Lighting. All exterior lighting shall be arranged and directed so as to direct the light away from
adjacent residential uses.
J. Screening. Electrical substations, water/sewer pump stations, sewage treatment facilities, solid
waste facilities, commuter parking lots, and maintenance and storage yards shall be adequately
screened from adjacent residential properties with a solid wall or sight -obscuring fence not less than
six feet in height. Landscaping shall be provided in accordance with Chapter 20.13 ECDC.
SUMMARY OF ORDINANCE NO. 4215
of the City of Edmonds, Washington
On the 23rd day of February, 2021, the City Council of the City of Edmonds, passed
Ordinance No. 4215. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 16.80 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
REVISE THE USES AVAILABLE IN THE P (PUBLIC
USE) ZONE, PROVIDING FOR SUNSETTING AND
SEVERABILITY, AND SETTING AN EFFECTIVE
DATE FOR THIS INTERIM ZONING ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of February, 2021.
{
CitYSLERK, SCO SEY
rel
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 EDH920775 ORDINANCE 4215
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 02/26/2021 and
ending on 02/26/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$23.8 .
I
Subscribed and sworn bef a me on this
day of
Notary Public in and for the State of
Washington.
City fEdmonds - LEGAL ADS 114101416
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ORDINANCE SUMMARY
of Ina O+ty of Edmolida, WWInglon
On She 2afd day of February. 202+. the G[y Co..o Of the City of
Edmonds, passed the Oriaw+ng OrAhunco, the aummary of said
ordinance coa Maq of We Is provided ae In km:
GRD+NAHCE NO. a255
AN OftpINANC H OF EDMO}4D5,
WASHINGT'N, AMENDING CHAPTER 16,60 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
REVISE TitE USES AVAILABLE IN THE P (pL18LIC USE
ZONE, PROVIDING FOR SLINSE iNG AN
SEVERASILITY, AND SETTING AN EFFECTIVE DATE FOR
THIS INTERIM ZONING ORDINANCE.
The W text aI'1Ms Ordnance WAI be ITIV"upon request
DATED Ow 7 Day of February, 202 t.
CITY CLERK SCflTT PASSE V
Published: February 26, 2021, EOH02ma
Proofed by Sheppard, Dicy, 02/26/2021 09:58:12 am Page: 2