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Ordinance 31750006.150.001(6) PAO /gjz 12/3/97 R: 12/ 10 /97gjz ORDINANCE NO. 3175 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 630 MAIN STREET FROM MULTI - FAMILY HIGH DENSITY RESIDENTIAL TO MIXED USE COMMERCIAL, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 36.70A.130 states that proposed amendments to a comprehensive plan are to be considered no more frequently than once a year, and WHEREAS, as required by ECDC 20.00.010, proposed amendments to the Edmonds Comprehensive Plan were submitted to the City of Edmonds for the 1996 Comprehensive Plan amendment review process by November 1, 1996, and WHEREAS, the Edmonds Planning Board has reviewed the requested amendments in a series of public hearings on March 12, 1997, May 28, 1997, June 25, 1997 and July 7, 1997, and WHEREAS, as part of those hearings the Planning Commission considered a Comprehensive Plan Concept Map amendment for property located at 630 Main Street from Multi - Family, High Density Residential to Mixed Use Commercial, and WHEREAS, the vicinity map for the subject property is attached as Exhibit A, and 180735 -1- WHEREAS, the Edmonds Planning Department has recommended approval of the requested amendment, and WHEREAS, the Planning Commission has recommended approval of the requested amendment, and WHEREAS, the City Council, on October 7, 1997, after public hearing, has approved the requested amendment, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Council approves the application for an amendment of the Comprehensive Plan Concept Map for the property described in Exhibit A from Multi- Family, High Density Residential to Mixed Use Commercial. In support of its approval, the City Council adopts the findings and conclusions in the Edmonds Planning Department staff report, a copy of which is attached as Exhibit B and incorporated by this reference as if set forth in full. Based upon the attached findings and conclusions, and concurrent review of all 1996 proposed Comprehensive Plan amendments and their cumulative impacts, the City Council also makes the following findings as required by ECDC 20.00.050: A. The proposed amendment is consistent with the provisions of the Edmonds Comprehensive Plan and is in the public interest; and B. The proposed amendment is not detrimental to the public interest, health, safety or welfare of the city; and C. The proposed amendment maintains an appropriate balance of land uses within the city; and D. The subject parcel is physically suitable for the requested land use designation and anticipated development, 180735 -2- including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional 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 3. Effective Date February 1, 1998. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY I ( 5s7— FILED WITH THE CITY CLE . PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3175 This ordinance shall take effect at 12:01 a.m., APPROVED: ��� �. MAYOR, ..... 12/12/97 12/16/97 12/21/97 02/01/98 180735 -3- P Z w tST EDMONDS Q 1HI h r LO Comp. Plan change from Multi- Family - High Density to Mixed Use Commercial El MAPLE ST CO OW � I III Illy ALDE ST N) Vicinity and Zoning Map BELL ST Item #4 Exhibit A CITY OF ]EDMONDS • 250 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO: PLANNING BOARD FROM: _ Robert Chave, AICP Jeffrey S. Wilson, AICP Planning Manager Current Planning Supervisor DATE: March 21; 1997 FILE: CDC- 97 -29, ITEM #4 HEARING DATE TIME AND PLACE: > > March 26, 1997 at 7:00 P.M. Plaza Room - Edmonds Library 650 Main Street TABLE OF CONTENTS Section Page Application..... ..:..................... ............................... Recommendation ............................................................. .......................:............ ............................... 2 Site Description .......................................................... ............................... . ............................... History.............................................................................................................. ............................... 2 Comprehensive Plan (ECDC) ......................................... ............................... . Edmonds Community Development Code (ECDC) Compliance ....................... ............................... 3 Appendices.......................................................................................................... ............................... 3 Exhibit B r 1. INTRODUCTION • A. APPLICATION 1. Applicant: Patrick Shields, NW Procurement Institute, Inc. 2. Site Location: Area between Main Street and Dayton Street, west of Durbin and east of 6th Ave S 3. Request: Comprehensive Plan Map Amendment to "Mixed Use Commercial" 4. Review Process: Comprehensive Plan Amendment; Planning Board makes recommendation to the City Council for final action. B. RECOMMENDATION Based on Statements of Fact, Conclusions, and Attachments in this report, we recommend approval of the applicant's request. 11. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION 1. Site Characteristics: a. Size and Shape: Approx. 1.4 acres. b. Existing Zoning: RM -1.5 (Multiple Residential) iC. Existing Land Use: Developed multi family and office uses. 2. Neighboring Characteristics: a. North: Anderson Center public use with single family further north. b. South: American Legion hall and commercial uses south to 6th Avenue. C. East: Single family east of Dayton Street. d. West: Mixture of multi family, single family, and.small office uses. B. HISTORY 1. No recent changes in zoning have occurred. C. COMPREHENSIVE PLAN (ECDC) 1. a. Fact: The Comprehenisve Plan Map currently designates the property as Multi - Family, High Density." The property also lies within the "Downtown /Waterfront Activity Center." The following policies are contained in the Comprehensive Plan's discussion of the Downtown/Waterfront Activity Center: A.4. Encourage a more active and vital setting for new retail, office, entertainment and associated businesses supported by nearby residents, • downtown commercial activity and visitors from throughout the region. Staff Report: Item 4 page 2 A.5. Support a mix of uses downtown without encroaching into single family neighborhoods. b. Fact: The immediate vicinity is dominated by a mixture of uses, including single family, multi family, office, retail, and public uses. C. Conclusion: The requested change is to a mixed use classification which is consistent with the Downtown /Waterfront Activity Center component of the Comprehensive Plan. D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE 1. a. Fact: Zoning classifications are intended to be applied consistent with the Comprehensive Plan. The existing RM -1.5 (Multiple Residential) zoning classification is consistent with the current Comprehensive Plan designation. b. Fact: If the Comprehensive Plan Map Amendment is approved, the existing multi family zoning classification would still be consistent with the Comprehensive Plan. However, amending the Comprehensive Plan Map would enable the applicant to apply for a change in zoning to BC, Community Business since the BC zone is consistent with a mixed use map designation (see Comprehensive Plan, page 11): The BC zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC. A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; • A To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for multiple dwelling units) as a secondary use to business uses. b. Conclusion: The proposed map amendment would enable the property to be developed consistent with the existing zoning classification as we]1 as with a BC zoning classification if the applicant wishes to pursue a rezone. • 111. APPENDICES Public Notice / Vicinity Map Letter from Applicant Staff Report: Item 4 Page 3 NPI, INC. NORTHWEST PROCUREMENT INSTITUTE, INC. • TRAINING & CONSULTING 144 R IMIROAD AVENUE. SUITE 230, BOX 1328. EDMONDS, WA 98020 (206) 776 -0414 January 9, 1996 Rob Chave City of Edmonds P Planning Department - 250 5th Avenue North 10 fd� Edmonds, WA 98020 juvlt,� Re: Review of Zoning and Comprehensive Plan Dear Mr. Chave: This letter follows a recent discussion that I had with a member of your staff, and his suggestion that I write to you. I am an Edmonds resident and property owner, and also own a business located here. I have just purchased a small building at 630 Main Street in Edmonds. This property is in an MR High Density zone and is located on the west side of the library. A conditional use permit for this property was issued in 1991 to allow the operation of a business office, and I have enclosed a copy of that permit with this letter. Your staff member said that you would be reviewing the. comprehensive plan for this • area in the next few weeks, and the purpose of this letter is to request a change that would allow us to open a retail (gift type) shop in a portion of this building. We intend to move our small consulting business into approximately 1/2 of this building, and would like to open a small retail shop in the other -about 400 square feet. In the current conditional use permit the city states that the site has 3 parking spaces which would be more than sufficient for both uses. It is our opinion that this site is in the commercial zone of the city (for all practical purposes) anyway. There is a bridal and a clothing store no more than 150 feet to the west, the library and Andersen Center are immediately to the East, a good size office building is to the south, and of course, the area is filled with condominiums. Our little gift store would have limited visual and traffic impact, and maximize the usage of this property. I will call you in a few days to discuss this letter, and appreciate your efforts in this matter Sin er ly, atrick Shields President, NPI; Inc. SUMMARY OF ORDINANCE NO. 3175 of the City of Edmonds, Washington On the 16th day of December , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3175 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 630 MAIN STREET FROM MULTI - FAMILY HIGH DENSITY RESIDENTIAL TO MIXED USE COMMERCIAL, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of December , 199 7 CLERK, SANDRA S. CHASE RCW 36.70A.130 Comprehensive plans -- Amendments. (1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them. Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan. (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances: (i) The initial adoption of a subarea plan; and (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW. (b) All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. (3) Each county that designates urban growth areas under RCW 36.70A.I 10 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty -year period. [1995 c 347 § 106; 1990 1st ex.s. c 17 § 13.] NOTES: Finding -- Severability- -Part headings and table of contents not law- -1995 c 347: See notes following RCW 36.70A.470. Page[ 1 ] Filed with City Clerk: ! 2 iz 97 Adopted by Reference Ordinance # 3 I75 on /2 7 .�l�r.�.�e .1f • r��� City Clerk e STATE OF WASHINGTON, COUNTY OF SNOHOMISH, )} SUMMARY OF ORDINANCE NO. 3175 - of the City of Edmonds Washington n the 16th day of December, 19 7, the City ouncil of the of Edmonds, passed Ordidance No. 3175• A summary of content of said ordinance, consisting of the title, provides ollows: ANcORDIN,NCE..OF ^THE CITY_OF_ EDMONDS, ill text of this Ordinance will be mailed upon request. D this 18th day of December, 1997. CITY CLERK, SANDRA S. CHASE Published: December 21, 1997. B -2 -1 r?� Affidavit of Publication RECEIVED DEC 3 0 1597 EDMONDS CITY CLERK 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 Ordi.nance No. 3175 .............................................................................. ............................... ..................... ---• ............................................................................ ......... •------ ............ - -- ...................... 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: December 21, 1997 ....................................................................................................... ............................... i.... .................................. ......................... . . . . .. ..................... ............................... ruC hat said newspaper was ,r gularly di tributed to its subscribers ri g ' 11 of said period. =� 3, ..... .....) 7. v .R 4..s�,C� ....f'..... .:................ ............................... 4 ),� , �� Principal Clerk Subscribed and sworn to before me this ..........23rd .................. day-9f .......... December ........................ ...... 1997... .. ..... ........... #....... `o- �'� �:. �.^. �a.�.r :. ........ ......:... -' .... j Notary Public in and for the Stat o ngton, residing at Everett, Snohomish ' . J - UokoTA1141 ,� Z �F W /