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Ordinance 28770006.150.002B WSS/klt 03/19/92 ORDINANCE NO. 2877 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND RE-ENACTING EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 16.65 OPEN SPACE AND 16.80 PUBLIC USE IN ORDER TO REVISE AND CLARIFY THE PROVISIONS THEREOF, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds City Council held a public hearing on March 17, 1992 regarding the favorable recommendations of the Edmonds Planning Code regarding proposed revisions to Chapter 16.65 OPEN SPACE and Chapter 16.80 PUBLIC USE; and WHEREAS, the City Council received a Declaration of Nonsignificance (DNS) from the City's responsible official with respect to such amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 16.65 OPEN SPACE of the Edmonds Community Development Code is hereby repealed and in its place re- enacted a new Chapter 16.65 OPEN SPACE to read as follows: CHAPTER 16.65 OS -OPEN SPACE 16.65.000 PURPOSES The OS district has the following purpose: A. To designate land which has been donated to or acquired by the City or other public, or private non-profit agency for open space use or which contributes significantly to the open space inventory of the community. Wss16475.10i0006.150.002B - 1 - B. To regulate the use of these lands, and other land in private ownership, which cannot be developed without severe irreversible environmental impacts, which are either: part of a required greenbelt area; a native growth protection easement; or which provide an identifiable link to the City's open space or critical areas inventory. 16.65.010 USES A. Permitted Uses 1. Agriculture, including crop land but specifically excluding livestock and poultry, machinery and equipment sheds or barns. 2. Conservation areas including forest and wildlife preserves. 3. Parks, natural scenic areas, trails, excluding commercial amusement devices or operations, per Chapter 16.80. 4. Playgrounds or playfields, providing that they are developed on previously cleared land, per Chapter 16.80. 5. Reclamation areas limited to soil, forest, wildlife or watershed. 6. Parking facilities to support the permitted uses identified in Sections 16.65.010A.1 - .5 above. B. Uses Reauirina a Conditional Use Permit 1. Uses similar to and compatible with the permitted uses. Conditional uses may not decrease the openness or interfere with the scenic or habitat value of the land. 2. Installation of various public utilities into or across open space zones, and clearing of a vegetated natural area for one of the WSS16475.10/0006.150.002B -2- permitted uses listed above, subject to the following: a. In addition to the criteria of Chapter 20.05, it shall be shown that the intrusion is necessary: 1. To provide services to the open space for public benefit or safety; or 2. For physical or technical reasons, and that no reasonable alternatives are possible. b. The design and plan shall create the minimum of surface and vegetation disturbance necessary to accomplish its purpose. C. Restoration of the environment will be made by replanting and reseeding of the disturbed area as soon as is feasible. d. Undergrounding of utilities shall be encouraged and required where site characteristics are suitable. Section 2. Chapter 16.80 PUBLIC USE of the Edmonds Community Development Code is hereby repealed and in its place enacted a new chapter 16.80 PUBLIC USE to read as follows: CHAPTER 16.80 P-PUBLIC USE 16.80.000 PURPOSES The P district has the following purposes: A. To provide for uses of a public nature to be located in or near residential areas and to establish standards which will WS316475.10/0006.150.002B - 3 - 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 B. 1. Public schools, preschools, day nurseries, day care centers, colleges and universities; hospitals; memorial buildings, libraries, museums, public art galleries, and performing arts facilities; community club houses, senior centers, and related institutional type uses; and associated administrative offices. 2. Municipal, State and Federal buildings, administrative offices, police stations, fire stations, and postal facilities. 3. Parks, playfields, open-air recreational facilities compatible with Chapter 16.65 OS - Open Space. 4. Facilities compatible with and designed to serve permitted uses (e.g. rest rooms, safety lighting, fencing, benches, tables, minor shelters, athletic structures, minor service support structures and incidental parking for 5 or less cars) . 5. Municipal cemeteries. 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 WSS16475.10/0006.150.002B - 4 - maintenance buildings and yards, sewage treatment facilities, water storage and pumping facilities, substations. 3. Stadiums, bleachers, playfield lighting, club houses, and swimming pools. 4. Structures over 25 feet in height. 16.80.020 CONDITIONAL USE PERMIT CRITERIA In considering a Conditional Use Permit application under Chapter 20.05 for the Public Use (P) Zone, the Hearing Examiner and/or City Council shall consider the following: 1. Impact of the proposal on the visual and aesthetic character of the neighborhood. 2. Orientation of facilities to developed or undeveloped residential areas. 3. Preservation of natural vegetation and/or other natural features. 4. Hours of operation; performance standards; conformance of the proposal with the City's noise ordinance. 5. 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 Section 20.85.000 of the ECDC. WSS16475.10/0006.150.002B - 5 - 1. Minimum Setbacks - a minimum landscaped setback of 10 feet shall be maintained from a public street or other property lines except that a setback of 15 feet maintained from adjacent residentially zoned properties, for all structures, structured play areas and structured athletic fields. This setback shall be fully landscaped. 2. Height - the maximum height of a building in this zone shall be 25- feet, unless a conditional use permit has been obtained. A conditional use permit for additional height may permit structures up to a maximum height of 60-feet. 3. Lot Coverage - the maximum lot coverage by buildings and other structures shall not exceed 35%. 4. 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 provide adequate visibility. 5. Landscaping - site landscaping requirements shall be reviewed pursuant to Section 20.12 of the ECDC. Section 3. 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 the ordinance or a summary thereof consisting of the title. W3316475.10/0006.150.002B - 6 - ATTEST/AUTHENTICATED: 4CI Y CLERK, ONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY - c i FILED WITH THE CITY CLERK: March 23, 1992 PASSED BY THE CITY COUNCIL: March 31, 1992 PUBLISHED: May 26, 1992 EFFECTIVE DATE: May 31, 1992 ORDINANCE NO. 2877 WSS16475.10/0006.150.002B -7 - STATE OF WASHINGTON, COUNTY OF SNOH0IVTISH, ss 2877 No. 2877. A summary of the content of said ordinance, consisting of the title, provides upon req, c 1st day i J. MARCH y 26, 1992. Affidavit of Publication 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 No. 2877 ............................................... •-----................... City of Edmonds .........................................................................•-•---------...........--••--•-----...................I.----• .................................................................................................................................... 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: May 26, 1992 ..................................................................................................................................... ............................. • ---.........I............................. •---.......................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. r .. .. .1.. <:.....F 1:...... ` . I .. ................ Principal Clerk Subscribed and sworn to before me this ......... 21th........ day of .............. . J.:..... ........................ 19..92., �3XE... �..St y -, }r> ajnd th Statte of Washil It ')!J B • S 9-94 A© 8-2-1