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Ordinance 35180006.90000 WSS /gjz 9/30/04 ORDINANCE NO. 3518 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 16.50.020(B) RELATING TO COMMERCIAL DEVELOPMENT ON THE GROUND FLOOR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council is in receipt of a Planning Board recommendation to deny approval of an amendment of ECDC Section 16.50.020(B), which would permit certain residential development on the ground floor of property located within the Fifth Avenue South entrance corridor, south of Walnut Street, subject to certain limitations, and WHEREAS, in recognition of the Planning Board's concerns, the proponent amended the proposal for code amendment to further restrict its application, and WHEREAS, the City Council has received the recommendation of its Planning Board, the proponents' proposed revision and held a public hearing on the matter on September 7, 2004, and WHEREAS, the City Council finds the proposal to be consistent with the Comprehensive Plan in that the proposal would not substantially limit the general purposes of the zone and would provide an orderly transition from commercial to residential zoning thereby providing additional privacy to existing residential development, and WHEREAS, the City Council takes administrative notice of the provisions of the goals of the Comprehensive Plan which are attached hereto as Exhibit A, and {WSS582027.D0C;1 /00006.900000/} - 1 - WHEREAS, the City Council finds that the public interest would be promoted by such change, and is consistent with the Comprehensive Plan provisions adopted by reference from Exhibit A, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Section 16.50.020 Site Development Standards, paragraph B, Ground Floor shall read as follows 16.50.020 Site development standards. B. Ground floor. Development on the ground floor shall consist of only commercial uses to a minimum depth of thirty (30) feet as measured from the street front of the building with the following exceptions or clarifications: 1. That in all areas the provision of pedestrian access to permitted residential uses is allowed. 2. This provision shall not apply when a single family use is the primary use on the property. 3. With respect to, but only to, property located on the Fifth Avenue entrance corridor, south of Walnut Street, in which the first sixty (60) feet of the building as measured from Main Street consists only of residential uses; and with respect to which the subject property shares a property line with single family or multi family zoned properties, then multi family units may be located on the ground floor in such a manner that they face the adjacent residentially zoned property. 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. {WSS582027.DOC;1/00006.900000/1 - 2 - ATTEST /AUTHENTICATED: ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( &&& W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3518 APPROVED: MAYO G HAAKENSON 10/01/2004 10/05/2004 10/10/2004 10/15/2004 {WSS582027.D0C;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3518 of the City of Edmonds, Washington On the 5th day of October, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3518. 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 THE EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION 16.50.020(B) RELATING TO COMMERCIAL DEVELOPMENT ON THE GROUND FLOOR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of October, 2004. CITY CLERK, SANDRA S. CHASE {WSS582027.DOC;1/00006.900000/} - 4 - Exhibit A Generally • The proposed code amendment is a minor change to the Community Business (BC) zone. Because it doesn't substantially change what is allowed throughout the majority of the zone in regards to permitted uses and bulk development standards it is considered to be generally consistent with the current comprehensive plan and purposes of the zoning code. Specifically • Some general goals and policies of the Comprehensive Plan support the proposed code amendment by their referral to the primary nature of the city as residential with the commercial enterprises supporting the residential nature of the area. Having residential uses adjacent to residential uses is also thought to provide more privacy to existing residential development than commercial. Growth Management (page 3) B. Goal. Growth management policies should insure that as a residential community, Edmonds continues to be heralded as "The Gem of Puget Sound, "in accordance with the following policies: B.3. The role of commercial and industrial enterprises, the attendant tax base Band provision for consumer needs, should be considered as a supporting part of the residential nature of the area rather than as the dominant activity of the community. B.4. Any growth or development should strive to preserve for itself and its neighbors the following values: B.4.b. Privacy • These specific goals on Activity Centers support the proposed code amendment by encouraging residential and commercial to coexist in a manner that is beneficial to the City. Land Use Concepts — Activity Centers in Edmonds are intended to address the following goals: (page 23) A. Provide a pedestrian- oriented streetscape environment for residential and commercial activity. B. Encourage mixed -use development patterns that provide a variety of commercial and residential opportunities, including both multi - family and small -lot single family development. D. Encourage transit service and access. E. Strategically plan for development and redevelopment that achieves a balanced and coordinated approach to economic development, housing, and cultural goals. • These specific goals on the Downtown Activity Center supports the proposed code amendment by encouraging residential and commercial uses together while at the same time protect adjacent single family neighborhoods from encroachment. Land Use Concepts - Downtown/Waterfront Activity Center (pages 24 -25) A. To proceed on a program providing for a more livable, beautiful and successful downtown Edmonds, while preserving the small town atmosphere desired by our citizens. To encourage downtown development that enables the realization of an aesthetically pleasing business community consisting of people comforts, park -like surroundings and de- emphasizing auto pollution and congestion... 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. A.5 Support a mix of uses downtown without encroaching into single family neighborhoods. A.6 Encourage opportunities for new development and redevelopment which reinforce Edmonds' attractive, small town pedestrian oriented character. Existing height limits are an important part of this quality of life, and remain in effect. A. 7 Provide greater residential opportunities and personal services within the downtown, especially to accommodate needs of senior citizens. • These specific goals for Residential Development support the proposed code amendment by encouraging protection for single family neighborhoods from commercial encroachment. Land Use Concepts — Residential Development (page 28) B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B.5.a. Residential privacy is a fundamental protection to be upheld by local government. B.5. c. Stable property values must not be threatened by view, traffic or land use encroachments. • These specific goals for Commercial Land Use support the proposed code amendment by encouraging the retention of viable commercial space and the reclassification of unviable commercial space. Land Use Concepts — Commercial Land Use (page 30) 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.2. Parcels of land previously planned or zoned for commercial use but which are now or will be identified as unnecessary, or inappropriate for such use by additional analysis, should be reclassified for other uses. B. 6. Special consideration should be given to major land use decisions made in relation to downtown Edmonds. Affidavit of Publication STATE OF WASHINGTON, S.S. COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3518 a. On the 5th day of October 2004, the City Council of the City of Edmonds, passed Ordinance No. 3518. A summary of the content of said ordinance :as follows: , consisting of the title, provides AN ORDINANCE OF THE CITY OF EDMONDS, 'WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, SEC- TION 16.50.020(B RELATING TO COMMERCIAL DEVEL- OPMENT ON THd GROUND FLOOR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of October, 2004. CITY CLERK, SANDRA S: CHASE (Published: October 10, 2004. RECEIVED OCT 1 4 2004 EDMONDS CITY CLERK The undersigned, being first duly swom 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. 3518 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: October 10, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Cam...• Frmcipal Ulcrk Subscribed and sworn to before me this 11th day of October, 2004 Notary Public in and fors�ate of Washington, residing at Everett, County. *-L-- S T� �MMI &Slp4, . cn A� AyaN Oc Account Name: City of Edmonds Account Number. 101416 Order Number. 0001220273