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Ordinance 4282ORDINANCE NO.4282 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE DESIGNATED STREET FRONT MAP FOR THE BD ZONES AND CLARIFYING THE ASSOCIATED PERMITTED USE TABLE ACCORDINGLY. WHEREAS, the City Council adopted an updated designated street front (DSF) map with Ordinance 4262 as an interim zoning measure; and WHEREAS, with Ordinance 4262, the City Council sought to encourage the continued vibrancy of the downtown commercial core by expanding the limits of the designated street front map to require at least some commercial use of new structures within the expansion area; and WHEREAS, with Ordinance 4262, the City Council also sought to remove an ambiguity in the permitted use table; and WHEREAS, the Planning Board discussed the creation of a permanent revised designated street front map on June 8, 2022 and the Economic Development Commission did the same on July 20, 2022; and WHEREAS, both groups held a joint meeting on the topic on August 10, 2022. At that meeting, the consensus was to extend the DSF line to all BD2 parcels to be more consistent with the Downtown Mixed Commercial designation in the Comprehensive Plan; and WHEREAS, there was a recognition that future mixed -use projects in the BD2 zone would be more difficult to develop from a financial and height limit perspective if the proposed map was adopted; and WHEREAS, the Planning Board held a public hearing on September 28, 2022 and recommended that the City Council adopt a revised DSF map and use table and then consider, as part of the Comprehensive Plan update, revisions to chapter 16.43 ECDC that would facilitate construction of two floors of residential above ground floor commercial in the BD zones; and WHEREAS, the City Council held a public hearing on October 25, 2022 and received testimony regarding the extent of the DSF line consistent with what had been previously provided to the Planning Board and during previous public comments to the City Council; and WHEREAS, the City Council conducted additional deliberations on November 7, 2022 and directed that this ordinance be brought forward for action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Repeal of Interim Ordinance. Ordinance 4262 is hereby repealed. Section 2. Designated Street Front Map Revision. Map 16.43-1, contained within ECDC 16.43.030, and entitled "Designated Street Front for BD Zones," is hereby amended to extend the designated street front as shown in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (extended street fronts are shown in crosshatch). Section 3. BD Permitted Use Table Revision. Table 16.43-1, contained in ECDC 16.43.020, entitled "Uses," is hereby amended to read as set forth in Exhibit B, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike). Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. 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/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED: MAYPR MIKE NELSON 2 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: November 11, 2022 PASSED BY THE CITY COUNCIL: November 15, 2022 PUBLISHED: November 18, 2022 EFFECTIVE DATE: November 23, 2022 ORDINANCE NO. 4282 3 I Exhibit B Edmonds City Code and Community Development Code 16.43.020 Uses. A. Table 16.43-1. Page 1/3 Permitted Uses BD1 GBDI 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 A A A Financial A X A A A Advising A X A A A Mortgage A X A A A A Banks (without tellers) A X A A Accounting A X A A A Counseling A X A A A A Architecture A X A A .A A Engineering A X A .A .A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A 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 X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC' A A A A A A Residential Single-family dwelling A X A A A A Multiple dwelling units be l-Reate --•W�.�r ""' '' ' `'a " " '= feet Ram _ ideg- 611i .p righ!% _r.. a.. ee ECDC 16A3.030.B for fwlher location standards A X 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 The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. Exhibit B Edmonds City Code and Community Development Code Page 2/3 Permitted Uses BD1 BDI BD2 BD3 BD4 BD5 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 auctions C X 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 A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A 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 D D A = Permitted primary use B = Permitted secondary use The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. Exhibit B Edmonds City Code and Community Development Code Page 3/3 C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: (1) BD Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD Zone GFSF requirements. (2) Services — by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. 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. B. Exception to the BD GSFS. The owner of a building in the BD 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 than 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. [Ord. 3955 § 1 (Art. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1, 20081. The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates 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 EDH967009 ORDINANCE NO. 4282 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 11/18/2022 and ending on 11/18/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of tc fee for suc u $22.36. Subscribed and sw rn fore me on this day of No ary Public in and for 4Stat, Washington. City of Edmonds- LEGAL ADS 114101416 SCOTr PASSEY r L!",da P.jillips � Nu:ary Public State ci `'r;.ahlnu?on r MyCppc�-77un I parts 5:d-li I� c rrunl 2025 'l -1�Vn :lu.. c.:17 Classified Proof ORDINANCE SUMMARY of the City of Ed l'24 - LNOslunq!du On 1v 7 511f day 6r ubva=Or, 2D2R, 6 City DOuncil el the City PS Edmdtws, passed ure lotlewn5p Ordinance, the summary or aard drdinanc0 mrl'"9 of 00 is prcvddad"f090ws: ORDINRNGE NO. AN CVRQINANC CITY OF EDWONDS, WASHINGTON AMENDING THE DESIGNATED STREET FRONT mAP FOR THE 80 ZONES AND CLARIFYING TkeS ASSOCIATED PER WTTEO USE TABLE ACCORDINGLY. DATED dhis. ISth DaY Of Novemheir, 2A22. CITY CLERK. SCOTT PASSEY PuhhaTd!d! November to. 2022 Proofed by Phillips, Linda, I /18/2022 01:01:26 pm Pale: 3