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Ordinance 33020006.90000 WSS /ldh/gjz 6/25/99 R:07/22/99gjz R:09 /15 /99gjz R:04 /19 /00gjz ORDINANCE NO. 3302 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 18.80.060, DRIVEWAY AND CURB CUT REQUIREMENTS, PARAGRAPH B(5) DOWNTOWN BUSINESS AREA, TO PROVIDE GREATER FLEXIBILITY IN DETERMINING LOCATION OF ACCESS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the provisions of Section 18.80.060, Driveway and Curb Cut Requirements (B)(5) relating to the downtown business area were amended in 1997 in order to require access to be provided from alleys in the downtown business area where such access existed; and WHEREAS, the current language of the ordinance requires use of an alley in the downtown business area if one exists; and WHEREAS, in order to encourage orderly development and provide for more flexible design to recognize that changes in topography may make alley access legally impossible, commercially unfeasible and other similar factors, the City Council desires to give the City Engineer greater flexibility in the administration of curb cut provisions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS434048.DOC;1 /00006.900000/} - 1 - Section 1. The provisions of ECDC 18.80.060, Driveway and Curb Cut Requirements, (B) Location (5) Downtown Business Area., are hereby amended to read as follows: 18.80.060 Driveway and curb cut requirements. B. Location. 5. Downtown Business Area. Within the downtown business area of the City as defined in ECDC 17.50.070, vehicular access shall be provided from alleyways for all on -site parking whenever it is practically and reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown area from an existing alleyway unless the applicant demonstrates by substantial evidence that: a. One of the following conditions exist: i. No alleyway exists which would provide reasonable vehicular access to the subject property, or ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public street or utility because of circumstances related to site size, topography or orientation, or iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which preserves or enhances street parking, or iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better promote the purposes of the transportation element of the Comprehensive Plan. b. The application complies with all other criteria of the Community Development Code. C. In such cases, the City Engineer may then consider use of an existing common driveway or other alternative. Only when no other reasonable alternative exists for access to a property will curb cut be approved which results in the {WSS434048.DOC;1/00006.900000/} - 2 - loss of existing on- street parking. No more than one access point per lot shall be permitted in the downtown business area. The City Engineer's decision to approve alternative access shall be processed in accordance with ECDC 20.95.050. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. APPROVED: M OR, C6kY HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE kTTY A14QRNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 04/20/2000 (with revisions approved by Council) PASSED BY THE CITY COUNCIL: 04/18/2000 PUBLISHED: 04/25/2000 EFFECTIVE DATE: 04/30/2000 ORDINANCE NO. 3302 {WSS434048.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3302 of the City of Edmonds, Washington On the 18th day of April, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3202. 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 PROVISIONS OF SECTION 18.80.060, DRIVEWAY AND CURB CUT REQUIREMENTS, PARAGRAPH B(5) DOWNTOWN BUSINESS AREA, TO PROVIDE GREATER FLEXIBILITY IN DETERMINING LOCATION OF ACCESS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of April, 2000. CITY CLERK, SANDRA S. CHASE (WS 5434048. DO C;1 /00006.900000/) STATE OF WASHINGTON, l COUNTY OF SNOHODrLISH, )r of the CR77EUmonds, Washington On the 18th day of April, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3302. A summary of the content of said ordinance, consisting of OVISIONS 1. 18.80.080, URBC p j FLEXIBILITY IN DETERMINING LOCATION OF ACCESS AND FIXING A TIME WHEN THE; SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance) will be mailed upon request. DATED this 20th day of April,1 2000. j{ CITY CLERK, SANDRA S. CHASE Published: April 25, 2000. B -2 -1 cs. 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. 3302 ............. ........................ . City of Edmonds .......................................................... ............................... ...... ........ ............................... ....................................................................................................... ............................... 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: April 25, 2000 ... ....................... ...... .. .................................................................... ............ ................... ....... .................................................. ......................... . . . . -- .---... -- ......................... and t at said newspaper as reg rly distri ted to ' subscribers during...a 1 of said period. '\ Principal Clerk Subscribed and sworn to before me this .............25th ............... Apr 1 00 dao ...... ............... ............... . . ............. . .. .. 20... 1i11lees �� J.. r0"011....:. o ary Public in and for e t\�gf0 n, residing at Everett, Snoh o y 'a. N RY �m I). PUBLIC N 1 �OF WASN\Iel`,�