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Ordinance 31760006.150.001(6) PAO /gjz 12/3/97 ORDINANCE NO. 3176 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP IN ORDER TO REDESIGNATE PROPERTY GENERALLY LOCATED BETWEEN EDMONDS WAY AND 228TH ST. S.W. JUST EAST OF 95TH PL. W. FROM SINGLE FAMILY RESIDENTIAL TO EDMONDS WAY CORRIDOR 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 generally located between Edmonds Way and 228th St. S.W., just east of 95th PL. W. from Single Family Residential to Neighborhood Commercial or Mixed Use Commercial, and 181338 -1- and WHEREAS, the vicinity map for the subject property is attached as Exhibit A, WHEREAS, the Edmonds Planning Department staff has recommended approval of the requested amendment, and WHEREAS, the Planning Commission was not able to agree on a recommendation, and WHEREAS, the City Council, on October 21, 1997, after a public hearing, has approved the requested amendment for that portion of the requested amendment depicted in the vicinity map attached as Exhibit B with the intent that the property subject to the amendment would be rezoned to BP, Planned Business, and WHEREAS, the portion of the proposed amendment that was not approved by the Council has been remanded by the Council to the Edmonds Planning Board for further consideration as part of the 1998 Comprehensive Plan amendment review process, 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 B from Single Family to Westgate Corridor. In support of its approval, the City Council adopts the findings and conclusions in the Edmonds Planning Department staff report to the extent that they address the subject property, a copy of which is attached as Exhibit C and incorporated by this reference as if set forth in full. Based upon the attached findings and conclusions, and concurrent review 181338 -2- 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, 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. This ordinance shall take effect at 12:01 a.m., February 1, 1998. APPROVED: Now /� s/ �� IME—VA" � . MAYOR, BARB�,RA S. FAH ATTEST /AUTHENTICATED : "Je exd� CITY CLERK, SANDRA S. CHASE 181338 -3- k v", Z•Iil 0 �z.T.yl�•� C• OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CL E 12/12/97 PASSED BY THE CITY COUNCIL: 12/16/97 PUBLISHED: 12/21/97 EFFECTIVE DATE: 02/01/98 ORDINANCE NO. 3176 181338 -4- Vicinity and Zoning Map Item #10 Exhibit A � Vicinity and Zoning Map Item #5/10 Exhibit B CITY OF EDMONDS • 250 5TH AVENUE NORTH, EDMONDS WA 98020 0 • PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO: PLANNING BOARD FROM: /4 Ro ert Chave, AICP Jeffrey S. Wilson, AICP Planning Manager Current Planning Supervisor DATE: March 21, 1997 FILE: CDC- 97 -29, ITEMS #5, 10 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 SiteDescription .................................................................:................................. ............................... 2 History................................................................................................................. ............................... 2 ComprehensivePlan (ECDC) ..................................................................... ............................... 2 Edmonds Community Development Code (ECDC) Compliance ....................... ............................... 4' Appendices.......................................................................................................... ............................... 5 Exhibit C I. INTRODUCTION A. APPLICATION 1. Applicants: Donald Paris/ Pagliacci 2. Site Location: Area between SR -104 and 228th ST SW, generally located between 98th AV W and 93rd PL W. 3. Request: Comprehensive Plan Map Amendment to "Neighborhood Commercial" or "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 a corridor commercial or neighborhood commercial designation. II. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION 1. Site Characteristics: a. Size and Shape: Approx. 8.6 acres. The property slopes downward west of 95th • PL W. The frontage to the west in the RM -1.5 zone is separated from single family development to the north by a vertically rising bluff. b. Existing Zoning: RM -1.5 (Multiple Residential) and RS -8 (Single Family). C. Existing Land Use: Three single family structures west of 95th PL W and a former day care school east of 95th PL W. 'A parking lot occupies the RM -1.5 zone at the west end of the property. 2. Neighboring Characteristics: a. North: Single family neighborhood. b. South: Multi family developments south of SR -104 interspersed with single family homes. C. East: Westgate Chapel east to 92nd AV W, then single family development. d. West: Mixture of commercial uses along SR -104. A gas station (BP) occupies the BN zone immediately west of the property. An electrical substation lies just southeast of the BP gas station. B. HISTORY 1. No recent changes in zoning have occurred, The subject property was annexed to the City in October 1995. Comprehensive plan and zoning classifications comparable to existing County designations were applied at the time of annexation. • C. COMPREHENSIVE PLAN (ECDC) Staff Report: Items 5, 10 Page 2 1. a. Fact: The Comprehensive Plan Map currently designates the property as Single Family." The area immediately west of the property is designated as "Community Commercial," while other areas along the SR -104 corridor are designated as "Corridor Development." The following policies are contained in the Comprehensive Plan's general discussion of commercial development: B.1. A sufficient number of sites suited for a variety of commercial uses should be identified and reserved for these purposes. The great majority of such sites should be selected from parcels of land already identified in the comprehensive plan for commercial use and /or zoned for such use. B.3. The proliferation of strip commercial areas along Edmonds streets and highways and the development of commercial uses poorly related to surrounding land uses should be strongly discouraged. B.4. The design and location of all commercial sites should provide for convenient and safe access for customers, employees and suppliers. The following policies are contained in the Comprehensive Plan's discussion of Community Commercial development: D. Goals for Community Commercial Areas. Community commercial areas are comprised of commercial development serving a dual purpose: pose: services and shopping for both local residents and regional traffic. The intent of the community commercial designation is to recognize both of these purposes by permitting a range of business uses while maintaining a neighborhood scale and design character. • D.1. Permit uses in community commercial areas that serve both the local neighborhood and regional through - traffic. The following policies are contained in the Comprehensive Plan's discussion of Neighborhood Commercial development: E. Goals for Neighborhood Commercial Areas. Neighborhood commercial areas are intended provide services and convenient shopping for local neighborhoods. They are small in area and building scale (not more than two stories), with an emphasis on pedestrian access for local residents. E.1. Neighborhood scale commercial development (convenience stores) should be located at major arterial intersections and should be designed to minimize interference with through traffic. E.2. Permit uses in neighborhood commercial areas that are intended to serve the local neighborhood. While some policies are specific to the area west of the Westgate shopping district, the following policies are contained in the Comprehensive Plan's discussion of Westgate Corridor development: F.2. Permit uses in planned business areas that are primarily intended to serve the local neighborhood while not contributing significantly to traffic congestion. F.4. Use design review to encourage the shared or joint use of driveways and access points by development onto SR -104 in order to support the movement of traffic in a safe and efficient manner. • Staff Report: Items S, 10 Page 3 F.S. Use design review to ensure that development provides a transition to • adjacent residential neighborhoods. For uses in transitional areas adjacent to single family neighborhoods, use design techniques such as the modulation of facades, pitched roofs, stepped -down building heights, multiple buildings, and landscaping to provide designs compatible with single family development. b. Fact: The immediate vicinity is dominated by a mixture of uses along SR -104, with single family uses located away from the highway. The commercial area to the west is part of the Westgate "Community Commercial" area, while most of the SR -104 corridor to the east is dominated by multi family development. The significant exception is the Westgate Chapel development which dominates the development pattern immediately east of this property. C. Fact: The requested change is to some form of commercial use. Options include the various designations discussed above. d. Conclusion: The subject property is unique in that it has logical, limited boundaries (the church to the east, 228th ST SW and the bluff to the north and northwest) and SR -104 to the south. SR -104 is a high - capacity traffic corridor, so that any commercial development outside the Westgate Community Commercial center should be strictly limited in size and scope. Because of this, a corridor commercial (i.e. with planned business development similar to the Westgate Corridor further west on SR -104) or neighborhood commercial designation could be considered to be appropriate..A general commercial designation should not be approved. D. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE • 1. a. Fact: Zoning classifications are intended to be applied consistent with the Comprehensive Plan. The existing RS -8 (Single Family) zoning classification is consistent with the current Comprehensive Plan designation. Tile existing RM- 1.5 (Multiple Residential) zoning is not consistent. 0 b. Fact: If a Comprehensive Plan Map Amendment is approved for corridor or neighborhood commercial, the existing zoning classifications would need to be changed to be consistent with the Comprehensive Plan. Applying either a BP or BN classification might be appropriate: The BNzone 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, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; - B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. b. Conclusion: A change in zoning should be considered in this area whether or not the proposed map amendments are approved. A BP (Planned Business) classification would seem to best fit the property's situation and character. Staff Report: Items 5, 10 Page 4 III. APPENDICES • 1. Public Notice / Vicinity Map L 2. Letter from Applicant Staff Report: Items S, 10 Page 5 C] n U • Edmonds, Wa. April 1, 1996 City of Edmonds Community Services Dept. Planning Division 250 5th Ave. N. Edmonds, Wa. 98020 Attn: Mr. Robt. Chave, AICP Planning Mgr. Dear Sirs: I wish to request a rezone, from residential to bus- iness commercial, on that corner piece of property lying west of 95th Ave. west, and between Edmonds Way and 228th St. S.W. (Plat enclosed). Said property consists of two vacant lots totaling approximately 3/4 of an acre. I think that for future developement, business commer- cial zoning would be more usefull. This pronert- I is on a corner, presently serviced by a stop light. For the Edmonds future benefit, I also believe that all properties west of the Westgate Chapel, on Edmonds Way, should be zoned business commercial. Thank you for your attention to this matter. Respectfully, DONALD F. PARIS • • December 23, 1996 Mr. Rob Chave, Planning Manager City of Edmonds 250 5th Ave. N Edmonds, WA 98020 Dear Mn Chave: This letter accompanies my request for information about the property at 22815 Edmonds Way. The pur- pose of this letter to briefly introduce my company to you. Pagliacci Pizza has 3 pizza -by- the - slices "pizzerias" and 8 "delivery kitchens ", all in Seattle. It started in the U- District in 1979 and is still in its original location on "theAve "All of my pizza places are still in their original locations - our presence adds stability to a neighborhood. Pagliacci Pizza is the local pizza place with the national reputation. Bon Appetit magazine Seattle Weekly readers poll Pacific Northwest Magazine Seattle rimes UW Daily Pizza lime magazine rated one of the 8 best pizzerias in the country voted best pizza (a record setting 10 times) voted best pizza voted best pizza rated best in the "U- Niverse" rated one of the top 100 pizza places We do more than make good pizza. Pagliacci Pizza is fully involved in its neighborhoods, beyond the norm of pizzas for local fund- raisers. These are some highlights. We received the City of Seattle Mayor's Small Business Award, which recognizes combining busi- ness success with community responsibility We are providing several hundred thousand dollars to fund Valley House, which converted an infa- mous Aurora Ave motel into transitional housing where people receive life skills while they learn a trade and, when they leave after about a year, they have saved enough to rent an apartment. Pagliacci Pizza has the industry's absolute best road safety program. There literally is nothing else like it. • We're excited about opening in Edmonds - it will be sort of a homecoming since my husband grew up there (Edmonds High class of 61). I never tire of talking about Pagliacci Pizza and would welcome an opportunity to talk with you. Sincerely yours, Dorene Centioli- McTigue, Proprietor • C] SUMMARY OF ORDINANCE NO. 3176 of the City of Edmonds, Washington On the 16th day of December 19%-7 , the City Council of the City of Edmonds, passed Ordinance No. 3176 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 IN ORDER TO REDESIGNATE PROPERTY GENERALLY LOCATED BETWEEN EDMONDS WAY AND 228TH ST. S.W. JUST EAST OF 95TH PL. W. FROM SINGLE FAMILY TO WESTGATE CORRIDOR 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 CITY 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.110 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: /a 7 Adopted by Reference Ordinance # -3174 on zddw ,J. City Clerk STATE OF WASHINGTON, ss COUNTY OF SNOHOMISH, SUMMARY OF ORDINANCE NO. 3176 oI the City of Edmonds Washington On the 46th. day of December, 19 7, the City Council of the City of. Edmonds, ppassed_Ordinance No. 3176. A summary of the content'of said ordinance, consisting of the title, provides as follows: W. LY text of this Ordinance will be mailed upon request. this 18th day of December, 1997. CITY CLERK, SANDRA S. CHASE Published: December 21. 1997. B -2 -1 Affidavit of Publication RECEIVED DEC 301997 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 Ordinance No. 3176 .............................................. ............................... ........... ..................................................................... ............................... ... .................... 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 .................................................................................................................... .................. ................. ............................... nd tha said newspaper w hT-i a all of said period. to its subscribers 660 . .. ......................... ...... Principal Clerk Subscribed and sworn to before me this ......... 23rd " .t ......... . ... ...............7..d . y �of.........< D cember 1......... f 19..9 7.. _ r 6 If Notary Public in and for the State Washington, residing at Everett, Snohomi nt3r. t►0TA k I' to PUBS %G 2 ► -7 S.yg.98 GAO OF WAS�