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Ordinance 35690006.90000 WSS /gjz 9/28/05 ORDINANCE NO. 3569 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADOPT A NEW CHAPTER 16.77 MPOR - MASTER PLANNED OFFICE - RESIDENTIAL, AMENDING THE PROVISIONS OF SECTION 21.40.030 HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, an application was filed with the City by the Hotel Group as File No. CDC - 2005 -46 requesting amendment of the City's zoning code in order to adopt new provisions relating to Master Planned Office - Residential zoning in order to implement policies contained in the City's 2004 comprehensive plan process adopted in 2005; and WHEREAS, the City Council has received the recommendations of its Planning Board regarding the adoption of a new Chapter 16.77 MPOR - Master Planned Office - Residential, as well as an amendment to the, definition of height as contained in ECDC 21.40.030; and WHEREAS, the City Council held a public hearing regarding such amendments on September 19, 2005, the original hearing having been postponed at the request of an attorney representing members of the public; and WHEREAS, the City Council deems it to be in the public interest to implement the policies of its comprehensive plan by the adoption of a new chapter creating a Master Planned Office - Residential (MPOR) zone and to amend the definition of height in order to (WS S615698.DOC;1/00006.900000/} - I - accommodate the goals and purposes of that zone in light of the typography of the area designated for the use in its comprehensive plan; and WHEREAS, the City Council has carefully weighed the benefits of adopting a broader zone versus that of one narrowly tailored to the area now designated in the comprehensive plan and believes it appropriate to take a step by step approach in order to assess the impact of the new zone on the surrounding neighborhood and the City as a whole as well as its economy therefore enabling the City Council to make a reasoned decision regarding future applications of the zone, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code is hereby amended to adopt a new Chapter 16.77 MPOR - Master Planned Office - Residential to read as follows: Chapter 16.77 MPOR — Master Planned Office- Residential Sections: 16.77.000 Purposes. 16.77.010 Uses. 16.77.020 Site Development Standards. 16.77.030 Operating Restrictions. 16.77.000 Purposes. A. The Master Planed Office - Residential (MPOR) zone is intended to be applied to areas designated in the comprehensive plan for master planned or transitional development, or areas requiring special design considerations due to unique site constraints or their location between potentially incompatible uses, consistent with the following purposes: To provide for a transitional area between different use areas, such as between single family and commercial or multiple family uses, consistent with the city's comprehensive plan. {WSS615698.DOC;1/00006.900000/} - 2 - B. To allow for development that is sensitive to the residential uses in the neighboring area. C. To restrict commercial and multiple residential uses in scale and intensity so as to reduce noise, parking and traffic impacts on the adjacent residential neighborhood. D. To allow flexible site design to provide for economical and functional development on sites that include difficult topographical or other circumstances requiring unusual design solutions. E. To permit construction in accordance with a Master Plan concept and site design that is visually pleasing. F. The height limit and calculations procedures established for this zone have been adopted after full consideration of the topographical constraints of sites within the zone. Variances are not available under current City code provisions in order to make more profitable use of a property. In adopting these provisions, the City Council has specifically provided for, and made allowances for, the site constraints and topographical features inherent in development of the designated MPOR sites. Therefore, no other height variance would typically be available absent a special showing of constraints unanticipated on the date of adoption of this ordinance. 16.77.010 Uses. A. Permitted Primary Uses. Any combination of the following uses is permitted: 1. Single - family dwellings; and/or 2. Offices and service uses; and /or 3. Multiple Dwelling Unit(s); and/or 4. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Off - street parking and loading areas to serve a permitted or conditional use; C. Primary Uses Requiring a Conditional Use Permit. {WSS615698.DOC;1/00006.900000/} - 3 - I . Local public facilities subject to the requirements of ECDC 17.100.050; 2. Wholesale uses; 3. Laboratories where use impact is equivalent to office uses; 4. Counseling centers where use impact is equivalent to office uses. 16.77.020 Site Development Standards A. Any development located in an MPOR zone shall be subject to design review in accordance with Chapter 20.10 ECDC. B. Density. Single family dwelling units shall have a maximum density of not more than 7.3 dwelling units per acre. Multiple family dwelling units shall have a maximum density of not more than 29.2 dwelling units per acre. Density is the maximum number dwelling units permitted per acre and shall be rounded down to the nearest whole number. C. Height. The maximum height for structures in the MPOR zone shall result in buildings that are not more than twenty -five (25) feet in height as determined in accordance with ECDC 21.40.030(c)(1). During the master plan review of any project, an application must specifically address the height and mass of the prof ect. D. Transition. Uses and buildings on the property shall be arranged to provide a transition from more intensively zoned areas (e.g. commercial or multifamily zones) to areas that are designated for less intensive uses (e.g. single family zones). Techniques used to provide a transition shall include at least three of the following. 1. setbacks; 2. building height and /or massing; 3. lot coverage; 4. landscape features visible to the public, such as courtyards, open space and/or decorative landscaping. When designing a transition from an MPOR -zoned site to adjoining properties, the techniques employed shall result in a logical transition from the site to the bulk standards of the zone applied to the adjoining property. When the MPOR zone is not {WSS615698.DOC;1/00006.900000/} - 4 - adjacent to another property — due to an intervening right -of -way, for example — then the combination of the selected techniques and their application to the property shall result in a transition appropriate to the site's location and its relation to the adjoining street front. E. Signs, Parking, Landscaping and Design Review. See Chapters 17.50, 20.10, 20.12 and 20.60 ECDC. Signage shall be regulated as in an RS zone unless otherwise specified as part of an approved master plan. F. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050. G. Master Plan Required. 1. No development shall be permitted in an MPOR zone unless a Master Plan has been prepared and approved by the City Council, identifying potential land uses and densities as set forth in (G)(2), below. 2. A Master Plan shall describe the land use parameters and relationships to guide future site development. The plan shall, in a general manner, define the site layout by showing development areas by type of use, circulation patterns, site access, residential densities (if applicable) maximum square footage of non- residential uses (if applicable), and any open space areas and buffers. The plan shall also illustrate the relationship between the site and adjoining properties. 3. All property identified in the Master Plan shall be developed in a manner consistent with the provisions of the Master Plan. 4. It is intended that site layouts, the range and intensity of uses, access, and circulation shall be depicted in both graphic and narrative form in a general manner. Subsequent to the adoption of a Master Plan, more detailed site and design information shall be submitted for review in accordance with Chapter 20.10 ECDC. The applicant also has the option of submitting a Master Plan concurrently with a specific site design. Other necessary applications, such as subdivision, Binding Site Plan (BSP), or Planned Residential Development (PRD), may also be submitted concurrently. If submitted concurrently, the city shall review the applications concurrently. However, no site design or other approval shall be granted until such time as the Master Plan is approved. {WSS615698.DOC;1 /00006.900000/} - 5 - 5. A Master Plan may be approved as a comprehensive plan amendment or as a contract rezone. The planning advisory board and City Council shall review and act upon a proposed Master Plan in accordance with the provisions of 20.100.020 and 20.100.030 ECDC, except in the case of a PRD, which shall be reviewed in accordance with the provisions of 20.35 ECDC. 16.77.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Outdoor residential and office decks 2. Public utilities and parks; 3. Off - street parking and loading areas, and commercial parking lots; B. Drive -in businesses are expressly prohibited. C. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. Section 2. The Edmonds Community Development Code Section 21.40.030 Height is hereby amended to read as follows: 21.40.030 Height. A. Height means the average vertical distance, from the average level of the undisturbed soil of the site covered by a structure, to the highest point of the structure. (See Section C below for exceptions to this rule. B. "Average level" shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. See Section C.1. below for exception to this rule). C. Height Exceptions. 1. In the MPOR zone "height" means the vertical distance above the average elevation of the top of the curb adjacent to the subject property, within the public right -of -way. Average shall be {WSS615698.D0C;1/00006.900000/} - 6 - measured averaging the elevation of the curb at the points where the projected property lines and the curb intersect. Where no curb or sidewalk exists, use the designed curb elevation. (See the remaining provisions in this subsection for exceptions to this rule). 2. Church steeples; 3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No multiple -flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section; 5. Vent pipes not to exceed 18 inches in height above the height limit; and 6. Standpipes not to exceed 30 inches in height above the height limit. Section 3. 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 4. 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: MAYOR OR G Y HAAKENSON {WSS615698.DOC;1/00006.900000/} - 7 - ATTEST /AUTHENTICATED: 2A.0,41'� ,e' eL� CITY CLERK, SANDRA S. CHASE /_ I > > K o ] i/ � l OFFICE OF THE Cl ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 10/21/2005 PASSED BY THE CITY COUNCIL: 10/25/2005 PUBLISHED: 11/02/2005 EFFECTIVE DATE: 11/07/2005 ORDINANCE NO. 3569 {WSS615698.DOC;1 /00006.900000/} -8- SUMMARY OF ORDINANCE NO. 3569 of the City of Edmonds, Washington On the 25th day of October, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3569. 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 COMMUNITY DEVELOPMENT CODE TO ADOPT A NEW CHAPTER 16.77 MPOR - MASTER PLANNED OFFICE - RESIDENTIAL, AMENDING THE PROVISIONS OF SECTION 21.40.030 HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of October, 2005. ITY CLERK, SANDRA S. CHASE {WSS615698.DOC;1/00006.900000/} - 9 - STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3569 of the City of mon s, as mgton l 1 On the 25th day of October, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3569. A summary of the content of said ordinance, consisting of the title, provides as follows: j AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING THE EDMONDS COMMUNITY DEVEL- OPMENT CODE TO ADOPT A NEW CHAPTER 16.77 MPOR - MASTER PLANNED OFFICE - RESIDENTIAL, AMENDING THE PROVISIONS OF SECTION 21.40.030 HEIGHT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full taut of this Ordinance will be mailed upon request. DATED this 26th day of October, 2005. CITY CLERK, SANDRA S. CHASE Published: November 2, 2005. last KIOV 0 7 2005 EDMONDS CITY CLERK Affidavit of Publication S.S. 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. 3569 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: November 02, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. sworn to before me this day of November, 2005 2nd R' +' AST j OS$IU Notary Public in or�fhe State of Washington, residing at County. / s 9.17 -2008 c� OF Account Name: City of Edmonds Account Number. 101416 Order Number. 0001345673