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Ordinance 1914ORDINANCE NO. 1914 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW SECTION 12.14.021 TO THE EDMONDS CITY CODE ESTABLISHING DOWNTOWN BUSINESS AREA PARKING REQUIRE - REQUIREMENTS; CREATING AN "OFF-STREET PARKING FUND" AND SETTING FORTH REQUIREMENTS FOR ITS USE AND MANAGEMENT; ADDING A NEW CHAPTER 1.12 TO THE EDMONDS CITY CODE ESTABLISHING A PARKING COMMISSION; AND DEFINING THE DUTIES OF THE PARKING COMMISSION. WHEREAS, the City Council of the City of Edmonds has authorized extensive study of the parking situation in the downtown business area, and; WHEREAS, numerous public meetings have been held over the past two years, at which time citizens have had an opportunity to provide information regarding parking in the downtown business area, and; WHEREAS, the City Council finds that the downtown business area, which is zoned "BC," presents unique parking problems, including but not limited to the following fac- tors: 1. The need for additional off-street parking spaces for businesses in the area, 2. The fact that available parking is not evenly dis- tributed throughout the entire downtown business area, 3. The anticipated increase in demand for parking in the downtown business area, and; WHEREAS, the Council finds that unplanned development of parking lots in the downtown area leads to parking lots being -1- constructed between adjoining buildings. Because in this type of development building and parking lot alternate, the business area must be built over a larger area than if buildings were constructed immediately adjacent to each other. This alternating, or "sawtooth-type" development is not in the best interests of the orderly development of the City, and; WHEREAS, the Council finds that allowing parking lots to pervade the downtown business area would not be in the best interests of the public health, safety and general welfare, and; WHEREAS, the Council desires to encourage property owners in the downtown business area to develop their prop- erties, and; WHEREAS, the Council finds that there will be no sig- nificant adverse environmental impact as the result of these amendments, now, therefore THE CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN AS FOLLOWS: Section 1. A new Section 12.14.021 is hereby added to the Edmonds City Code to read as follows: "12.14.021 Downtown Business Area Parking Requirements. 1. Downtown Business Area Defined. Notwithstanding any other provisions in this Code, the following requirements shall apply to all property encom- passed within the downtown business area hereafter referred to as "DBA," and more particularly de- scribed as that area of Edmonds zoned "BC" accord- ing to the Edmonds Zoning Code and Official Zon- ing Map and situated east of Railroad Street, south of Edmonds Street, west of Seventh Avenue and north of Howell Street. -2- 2. Number of Spaces Required. The off-street park- ing requirements for building uses within the DBA shall be as set forth in the Table of Minimum Standards contained in Section 12.14.020.G of the Edmonds City Code. The provisions of this Section shall apply only to new buildings or structures within the DBA or new additions to existing buildings or structures, the building permit for which has been applied for subsequent to the effective date of this section. 3. Compliance Required. Compliance with the re- quirements of this section may be effected either through construction of off-street parking spaces on the property or by contribution to the Off - Street Parking Fund or by any combination thereof. 4. Parking Plan Required. All persons desiring to comply with the requirements of this section through construction of any number of on -site parking spaces shall first submit a parking plan to the ADB. The parking plan shall diagram how the parking spaces are to be constructed and such other information required by the ADB. 5. Parking Commission --Duties. The Parking Commis- sion shall develop and annually review an overall plan for parking lots in the DBA. The recommenda- tions of the Parking Commission shall be forwarded to the City Council. The City Council shall review and take appropriate action regarding the proposed parking lot plan for the DBA. 6. Criteria. The Parking Commission shall develop a set of recommended standards and criteria to be used by the ADB and the City Council in reviewing the property owner's parking plan. The Commission shall forward the recommended standards and cri- teria to the City Council. The City Council shall then adopt by -resolution the criteria and stand- ards for use in reviewing parking plans. The standards and criteria shall include but not be limited to the following: a. Avoidance of development where buildings and parking lots alternate with each other. b. Encourage centrally -located parking lots. -3- C. Adherance to the goals and policies of the Comprehensive Policy Plan and the overall plan for parking lots in the DBA. 7. Appeal. Appeals from any decision of the City Council with regard to the provisions of this section shall be by writ of review, prohibition or mandamus in Snohomish County Superior Court. Application for such writ must be filed within ten days of the decision of the City Council. The cost of the transcription of all records ordered certi- fied by the Court shall be borne by the appellant. 8. Off -Street Parking Fund. There is hereby created a special fund to be known as the "Off -Street Parking Fund." All payments in lieu of on -site parking made to the City shall, upon receipt, be deposited in said fund. The fund shall be used exclusively for acquisi- tion, design, construction, and development of off-street facilities. The fund may also be used for the payment of general or limited general obligation bonds, off-street parking revenue bonds, and for the acquisition of property by condemnation, purchase or lease for such parking facilities and for other expenses and costs in- cident thereto. 9. Establishment of Rate. The City Council shall establish, by ordinance or resolution, the rate to be charged per parking stall together with the procedure and terms for payment in liew of pro- viding on -site parking. The Parking Commission shall first review and make recommendations as to any adjustment before any Council action. The rate per stall shall be reviewed by the City Council annually. The adjusted rate shall apply only to additional parking stalls required to be constructed after the effective date of the ad- justment. In establishing the initial rate or in making an adjustment, the City Council and the Parking Commission shall take into consideration all factors deemed relevant, which shall include but not be limited to the following: a. The annual construction cost index. b. The annual real estate depreciation or appreciation rate. -4- C. The prevailing local commercial rents. d. The prevailing current interest rate. e. The cost of operation and maintenance of off-street parking facilities. 10. Method of Payment. The amount of the in -lieu payment shall be the rate established by the City Council times the number of parking spaces to be built off site. Any parcel of real property which is or becomes subject to a local improvement district assessment for improvements which include off-street parking facilities, shall be entitled to offset against such in -lieu payment, in an amount equal to the pro rata portion of the total LID costs which involve off-street parking. No occupancy permit shall issue unless and until the in -lieu payment required under the provisions of this section has been paid in full to the City. Section 2. A new Chapter 1.12 entitled, "Parking Commission" is hereby added to the Edmonds City Code as follows: "1.12.010 Parking Commission Created. An Edmonds Parking Commission consisting of five members is hereby created. 1. Members. The commission shall consist of persons with the following interests: a. A person who owns property in the downtown business area. b. A tenant merchant within the downtown busi- ness area. C. A resident of the City of Edmonds who regu- larly shops in the downtown business area. d. A person having either an appraisers or real estate license. e. One member of the City Council. Members of the Commission shall be appointed by the Mayor and confirmed by the City Council. 2. Term of Membership. The term of membership for members of the Parking Commission shall be three 0610 years, except for the City Council member whose term shall coincide with the member's term of office then remaining. In order that the fewest number of terms will expire in any one year, the terms of the first appointive members shall expire on the annual date of the effective date of this section as follows: Position 1 expires 1978 Position 2 expires 1979 Position 3 expires 1980 Position 4 expires 1980 Position 5 City Council member "1.12.020 Responsibilities. The Parking Commission shall be advisory only and have the following duties and responsibilities: 1. To annually recommend for adoption by the City Council the rate of payment for in -lieu parking spaces. 2. Develop and annually review a plan of parking lots for the DBA. 3. Any and all other duties specifically assigned by the City Council. 4. Recommend to the City Council those types of busi- nesses or uses where in -lieu -of payments might not be appropriate or might be partially appropriate. Section 3. Severability. If any section, subsec- tion, clause, phrase or word of this ordinance or any pro- vision adopted by reference herein is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the re- maining portions of this ordinance. ATTEST: CITY CLERK, IREN VARNEY MiU N FILED WITH THE CITY CLERK: April 6, 1977. PASSED BY THE CITY COUNCIL April 19,1977 PUBLISHED: April 27, 1977 M