Ordinance 36350006.900000
WSS /gjz
1/3/07
ORDINANCE NO. 3635
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
REPEAL CHAPTER 16.60 RELATING TO GENERAL
COMMERCIAL ZONES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has reviewed suggested changes to the CG and
CG2 Zones; and
WHEREAS, following public hearing and with the recommendation of its
Planning Board, the City Council finds it to be in the public interest to amend the requirements
applicable to the General Commercial zones; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
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Section 1. The Edmonds Community Development Code Chapter 16.60 General
Commercial: CG and CG2 Zones is hereby repealed and reenacted to read as follows:
Chapter 16.60
CG - GENERAL COMMERCIAL: CG AND CG2 ZONES
Sections:
16.60.000
CG and CG2 zones.
16.60.005
Purposes.
16.60.010
Uses.
16.60.015
Location standards for sexually oriented
businesses.
16.60.020
Site development standards - General.
16.60.030
Site development standards - Design Standards.
16.60.040
Operating restrictions.
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16.60.000 CG and CG2 zones.
This chapter establishes the general commercial zoning district
comprised of two distinct zoning categories which are identical in
all respects except as specifically provided for in ECDC
16.60.020(A).
16.60.005 Purposes.
The CG and CG2 zones have the following specific purposes in
addition to the general purposes for business and commercial
zones listed in Chapter 16.40 ECDC:
A. Encourage the development and retention of commercial
uses which provide high economic benefit to the city. Mixed use
and transit - oriented developments are encouraged which provide
significant commercial uses as a component of an overall mixed
development scheme.
B. Improve access and circulation for people by encouraging a
development pattern that supports transit and pedestrian access.
Improve vehicular circulation and access to support business and
economic development.
C. Provide and encourage the opportunity for different
sections along the Highway 99 corridor to emphasize their unique
characteristics and development opportunities rather than require
the corridor to develop as an undifferentiated continuum. New
development should be high - quality and varied — not generic — and
include amenities for pedestrians and patrons.
D. Encourage a variety of uses and building types. A variety
of uses and building types is appropriate to take advantage of
different opportunities and conditions. Where designated in the
Comprehensive Plan, the zoning should encourage mixed use or
taller high -rise development to occur.
E. Encourage development that is sensitive to surrounding
neighborhoods. Protect residential qualities and connect businesses
with the local community. Pedestrian connections should be made
available as part of new development to connect residents to
appropriate retail and service uses.
F. New development should be allowed and encouraged to
develop to the fullest extent possible while assuring that the design
quality and amenities provided contribute to the overall character
and quality of the corridor. Where intense development adjoins
residential areas, site design (including buffers, landscaping, and
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the arrangement of uses) and building design should be used to
minimize adverse impacts on residentially -zoned properties.
G. Upgrade the architectural and landscape design qualities of
the corridor. Establish uniform signage regulations for all
properties within the corridor area which provide for business
visibility and commerce while minimizing clutter and distraction to
the public. Make the corridor more attractive and pedestrian -
friendly (e.g., add trees and landscaping) through a combination of
development requirements and — when available — public
investment.
H. Within the Corridor, highrise nodes designated in the
Comprehensive Plan should provide for maximum economic use
of suitable commercial land. Highrise nodes should be:
Supported by adequate services and facilities;
Designed to provide a visual asset to the community through the
use of distinctive forms and materials, differentiated facades,
attractive landscaping, and similar techniques.
Designed to take advantage of different forms of access, including
automobile, transit and pedestrian access.
Designed to provide adequate buffering from lower intensity uses
and residential neighborhoods.
16.60.010 Uses.
A. Permitted Primary Uses.
1. All permitted or conditional uses in any other zone in this
title, except as specifically prohibited by subsection C of this
section or limited by subsection D of this section;
2. Any additional use except as specifically prohibited by
subsection C of this section or limited by subsection D of this
section;
3. Halfway houses;
4. Sexually oriented businesses, which shall comply with the
location standards set forth in ECDC 16.60.015, 16.60.015, the
development regulations set forth in Chapter 17.50 ECDC, and the
licensing regulations set forth in Chapter 4.52 ECC.
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B. Permitted Secondary Uses.
1. Off - street parking and loading areas to serve a permitted
use.
2. Storage facilities or outdoor storage areas secondary or
integral to a permitted primary use, such as storage or display areas
for automobile sales, building materials or building supply sales, or
garden/nursery sales. Such outdoor storage or display areas shall
be designed and organized to meet the design standards for parking
areas for the CG zone, contained in this Chapter.
C. Prohibited Uses.
1. Residential Uses located within the first or second story of
any structure, in areas designated "Highway 99 Corridor" or
"High -rise Node" on the comprehensive plan map. There are two
exceptions to this prohibition:
a. Residential uses may be allowed as part of large -scale
mixed use developments, as described in Section 16.60.020.B; and,
b. Residential uses are allowed on the second floor of
buildings that are not located in areas designated as "High -rise
Node" on the comprehensive plan map and which are not located
on lots that have frontage on Highway 99.
2. Mobile Home parks.
3. Storage facilities or outdoor storage areas intended as a
primary use, not secondary to a permitted commercial or
residential use. Automobile wrecking yards, junk yards, or
businesses primarily devoted to storage or mini storage are
examples of this type of prohibited use.
D. Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC;
16.60.015 Location standards for sexually oriented
businesses.
All sexually oriented businesses shall comply with the
requirements of this section, the development regulations set forth
in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards
established in this section shall not be construed to restrict or
prohibit the following activities or products: (a) expressive dance;
(b) plays, operas, musicals, or other dramatic works; (c) classes,
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seminars, or lectures conducted for a scientific or educational
purpose; (d) printed materials or visual representations intended for
educational or scientific purposes; (e) nudity within a locker room
or other similar facility used for changing clothing in connection
with athletic or exercise activities; (f) nudity within a hospital,
clinic, or other similar medical facility for health- related purposes;
and (g) all movies and videos that are rated G, PG, PG -13, R, and
NC -17 by the Motion Picture Association of America.
A. Separation Requirements. A sexually oriented business
shall only be allowed to locate where specifically permitted and
only if the following separation requirements are met:
1. No sexually oriented business shall be located closer than
300 feet to any of the following protected zones whether such
protected zone is located within or outside the city limits:
a. A residential zone as defined in Chapter 16.10 ECDC;
b. A public use zone as defined in Chapter 16.80 ECDC.
2. No sexually oriented business shall be located closer than
300 feet to any of the following protected uses whether such
protected use is located within or outside the city limits:
a. A public park;
b. A public library;
C. A nursery school or preschool;
d. A public or private primary or secondary school;
e. A church, temple, mosque, synagogue, or other similar
facility used primarily for religious worship; and
f. A community center such as an amusement park, public
swimming pool, public playground, or other facility of similar size
and scope used primarily by children and families for recreational
or entertainment purposes;
g. A permitted residential use located in a commercial zone;
h. A museum; and
i. A public hospital or hospital district.
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3. No sexually oriented business shall be located closer than
500 feet to any bar or tavern within or outside the city limits.
B. Measurement. The separation requirements shall be
measured by following a straight line from the nearest boundary
line of a protected zone specified in subsection (A) of this section
or nearest physical point of the structure housing a protected use
specified in subsection (A) of this section, to the nearest physical
point of the tenant space occupied by a sexually oriented business.
C. Variance From Separation Requirements. Variances may
be granted from the separation requirements in subsection (A) of
this section if the applicant demonstrates that the following criteria
are met:
1. The natural physical features of the land would result in an
effective separation between the proposed sexually oriented
business and the protected zone or use in terms of visibility and
access;
2. The proposed sexually oriented business complies with the
goals and policies of the community development code;
3. The proposed sexually oriented business is otherwise
compatible with adjacent and surrounding land uses;
4. There is a lack of alternative locations for the proposed
sexually oriented business; and
5. The applicant has proposed conditions which would
minimize the adverse secondary effects of the proposed sexually
oriented business.
D. Application of Separation Requirements to Existing
Sexually Oriented Businesses. The separation requirements of this
section shall not apply to a sexually oriented business once it has
located within the city in accordance with the requirements of this
section.
16.60.020 Site development standards — General.
A. Table. Except as hereinafter provided, development
requirements shall be as follows:
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1 Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the
setback provisions established by any other provision of this code.
2 Street setback area shall be fully landscaped.
3 None for structures located within an area designated as a high -rise node on the
Comprehensive Plan map.
B. Mixed Use Developments.
1. A mixture of commercial and residential uses, including
residential uses located on the first or second floors of buildings,
may be permitted for developments meeting the following
requirements:
a. The proposed development's combined site area is at least
two (2) acres.
b. Floor area equivalent to the combined total leaseable area
of the first (ground) floor for all buildings located on the site is
devoted to commercial use. This commercial floor area may be
provided in any manner desirable on -site, except that for all
buildings oriented to and facing frontage streets, the street - facing
portions of the ground floor shall be occupied by commercial uses.
Parking area(s) are excluded from this calculation. This
requirement is not intended to require commercial uses facing
service drives, alleys, or other minor access easements that are not
related to the main commercial streets serving the site.
16.60.030 Site development standards — Design Standards.
Design review by the Architectural Design Board is required for
any project that includes buildings exceeding 60 feet in height in
the CG zone or 75 feet in height in the CG2 zone. Projects not
exceeding these height limits may be reviewed by staff as a staff
decision. Regardless of what review process is required, all
projects proposed in the CG or CG2 zone must meet the design
standards contained in this section (16.60.030).
A. Screening and Buffering
1. General
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Minimum
Minimum
Maximum
Minimum
Minimum
Street
Side/Rear
Maximum
Floor
Lot Area
Lot Width
Setback
Setback
Height
Area
CG
I None
I None
1 4'Z
None'
60'3
None
CGZ
1 None
I None
1 4'Z
1 None'
1 75i3
I None
1 Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the
setback provisions established by any other provision of this code.
2 Street setback area shall be fully landscaped.
3 None for structures located within an area designated as a high -rise node on the
Comprehensive Plan map.
B. Mixed Use Developments.
1. A mixture of commercial and residential uses, including
residential uses located on the first or second floors of buildings,
may be permitted for developments meeting the following
requirements:
a. The proposed development's combined site area is at least
two (2) acres.
b. Floor area equivalent to the combined total leaseable area
of the first (ground) floor for all buildings located on the site is
devoted to commercial use. This commercial floor area may be
provided in any manner desirable on -site, except that for all
buildings oriented to and facing frontage streets, the street - facing
portions of the ground floor shall be occupied by commercial uses.
Parking area(s) are excluded from this calculation. This
requirement is not intended to require commercial uses facing
service drives, alleys, or other minor access easements that are not
related to the main commercial streets serving the site.
16.60.030 Site development standards — Design Standards.
Design review by the Architectural Design Board is required for
any project that includes buildings exceeding 60 feet in height in
the CG zone or 75 feet in height in the CG2 zone. Projects not
exceeding these height limits may be reviewed by staff as a staff
decision. Regardless of what review process is required, all
projects proposed in the CG or CG2 zone must meet the design
standards contained in this section (16.60.030).
A. Screening and Buffering
1. General
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a. Retaining walls facing adjacent property or public rights -
of -way shall not exceed seven feet in height. A minimum of four
feet of planted terrace is required between stepped wall segments.
b. Landscape buffers are not required in land use zones with
no required building setback.
c Tree landscaping may be clustered to block the view of a
parking lot, yet allow visibility to signage and building entry.
d. Landscape buffers shall be integrated into the design and
layout of water detention and treatment elements, to minimize the
physical and visual impacts of the water quality elements.
e. All parking lots are required to provide Type V interior
landscaping.
f. Type I landscaping is required for commercial, institutional
and medical uses adjacent to single - family or multi - family zones.
The buffer shall be a minimum of ten feet in width and continuous
in length.
g. Type I is required for residential parking areas adjacent to
single - family zones. The buffer shall be a minimum of four feet in
width and continuous in length.
h. Type I landscaping is required for office and multi - family
projects adjacent to single - family zones. The buffer shall be a
minimum of four feet in width and ten feet in height and
continuous in length.
i. If there is a loading zone and /or trash compactor area next
to a single - family or multi - family zone, there shall be a minimum
of a six -foot high concrete wall plus a minimum width of five feet
of Type I landscaping. Trash and utility storage elements shall not
be permitted to encroach within street setbacks or within setbacks
adjacent to single family zones. Mechanical equipment, including
heat pumps and other mechanical elements, shall not be placed in
the setbacks.
j. Landscape buffers, Type I, shall be used in parking areas
adjacent to single - family zones.
k. When no setback is otherwise required, Type III
landscaping three feet in width and continuous in length is required
between uses in the same zone.
2. Parking Lots Abutting Streets.
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a. Type IV landscaping, minimum four feet wide, is required
along all street frontages.
b. All parking located under the building shall be completely
screened from the public street by one of the following methods:
i. Walls,
ii. Type I planting and a grill that is 25 percent opaque,
iii. Grill work that is at least 80 percent opaque, or
iv. Type III landscaping.
B. Access and Parking
1. Not more than 50% of total project parking spaces may be
located between the building's front facade and the primary street.
2. Parking lots may not be located on corner locations
adjacent to public streets.
3. Paths within Parking Lots
a. Pedestrian walkways in parking lots shall be delineated by
separate paved routes that are approved by federal accessibility
requirements and that use a variation in textures and /or colors as
well as landscape barriers.
b. Pedestrian access routes shall be provided at least every
180 feet within parking lots. These shall be designed to provide
access to on -site buildings as well as pedestrian walkways that
border the development.
C. Pedestrian pathways shall be six feet in width and have two
feet of planting on each side or have curb stops at each stall in the
parking lot on one side and four feet of planting on the second side.
i. Parking lots shall have pedestrian connections to the main
sidewalk at a minimum of every 100 feet.
4. Bonus for Parking Below Grade
a. For projects where at least 50% of the parking is below
grade or under the building, the following code requirements may
be modified for the parking that is provided below -grade or under -
building.
— The minimum drive aisle width may be reduced to 22 feet.
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The maximum ramp slope may be increased to 20%
— A mixture of full- and reduced -width parking stalls may be
provided without meeting the ECDC requirement to demonstrate
that all required parking could be provided at full -width
dimensions.
5. Drive - through facilities such as, but not limited to, banks,
cleaners, fast food, drug stores, espresso stands, etc., shall comply
with the following:
a. Drive - through windows and stacking lanes shall not be
located along the facades of the building that face a street.
b. Drive - through speakers shall not be audible off -site.
C. Only one direct entrance or exit from the drive - through
shall be allowed as a separate curb cut onto an adjoining street. All
remaining direct entrances /exits to the drive - through shall be
internal to the site.
6. Pedestrian and Transit Access
a. Pedestrian building entries must connect directly to the
public sidewalk and to adjacent developments if feasible.
b. Internal pedestrian routes shall extend to the property line
and connect to existing pedestrian routes if applicable. Potential
future connections shall also be identified such that pedestrian
access between developments can occur without walking in the
parking or access areas.
C. When a transit or bus stop is located in front of or adjacent
to a parcel, pedestrian connections linking the transit stop directly
to the new development are required.
C. Site Design and Layout
1. General. If a project is composed of similar building
layouts that are repeated, then their location on the site design
should not be uniform in its layout. If a project has a uniform site
layout for parking and open spaces, then the buildings shall vary in
form, materials, and /or identity. The following design elements
should be considered, and a project shall demonstrate how at least
5 of the elements were used to vary the design of the site:
a. building massing and unit layout,
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b. placement of structures and setbacks,
C. location of pedestrian and vehicular facilities,
d. spacing from position relative to adjoining buildings,
e. composition and types of open space, plant materials and
street trees,
f. types of building materials and /or elements
h. roof variation in slope, height and /or materials.
2. Individuality for Particular Structures
a. If a project contains several new or old buildings of similar
uses or massing, incorporate two of the following options to create
identity and promote safety and feeling of ownership:
i. Individual entry design for each building.
ii. Create variety in arrangement of building forms in relation
to site, parking, open spaces, and the street.
iii. Create variety through facade materials and organization.
iv. Create variety through roof forms.
V. Vary the size /mass of the buildings so they are not uniform
in massing and appearance.
3. Lighting
a. All lighting shall be shielded and directed away from
adjacent parcels. This may be achieved through lower poles at the
property lines and /or full "cut off' fixtures.
b. Parking lots shall have lighting poles with a maximum of
25 feet in height.
C. Pedestrian ways shall have low height lighting focused on
pathway area. Pole height shall be a maximum of 14 feet although
lighting bollards are preferred.
d. Entries shall have lighting for safety and visibility
integrated with the building /canopy.
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D. Building Design and Massing
1. Buildings shall convey a visually distinct `base' and `top'.
A `base' and `top' can be emphasized in different ways, such as
masonry pattern, more architectural detail, step backs and
overhangs, lighting, recesses, visible `plinth' above which the wall
rises, storefront, canopies, or a combination thereof. They can also
be emphasized by using architectural elements not listed above, as
approved, that meet the intent.
2. In buildings with footprints of over 10,000 square feet,
attention needs to be given to scale, massing, and facade design so
as to reduce the effect of large single building masses. Ways to
accomplish this can include articulation, changes of materials,
offsets, setbacks, angles or curves of facades, or by the use of
distinctive roof forms. This can also be accomplished by using
architectural elements not listed above, as approved, that meets the
intent. Note that facade offsets or step -backs should not be applied
to the ground floor of street -front facades in pedestrian- oriented
zones or districts.
3. Alternatives to massing requirements may be achieved by:
a. Creation of a public plaza or other open space may
substitute for a massing requirement if the space is at least 1,000
sq. ft. in area. In commercial zones, this public space shall be a
public plaza with amenities such as benches, tables, planters and
other elements.
b. Retaining or re -using an historic structure listed on the
National Register or the Edmonds Register of Historic Places. Any
addition or new building on the site must be designed to be
compatible with the historic structure.
4. To ensure that buildings do not display blank, unattractive
walls to the abutting streets or residential properties, walls or
portions of walls abutting streets or visible from residentially -
zoned properties shall have architectural treatment applied by
incorporating at least four of the following elements into the design
of the facade:
a. Masonry (except for flat concrete block)
b. Concrete or masonry plinth at the base of the wall
C. Belt courses of a different texture and color
d. Projecting cornice
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e. Projecting metal canopy
f. Decorative tilework
g. Trellis containing planting
h. Medallions
i. Artwork or wall graphics
j. Vertical differentiation
k. Lighting fixtures
m. An architectural element not listed above, as approved, that
meets the intent.
16.60.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely
within a completely enclosed building, except the following:
1. Public utilities;
2. Off - street parking and loading areas;
3. Drive -in business;
4. Secondary uses permitted under ECDC 16.60.010.B;
5. Limited outdoor display of merchandise meeting the
criteria of Chapter 17.65 ECDC.
6. Community- oriented Open Air Markets or Seasonal
Farmers Markets.
7. Outdoor dining meeting the criteria of Chapter 17.75
ECDC.
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.
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APPROVED:
MAYO GA HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF HE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/29/2007
PASSED BY THE CITY COUNCIL: 04/03/2007
PUBLISHED: 04/08/2007
EFFECTIVE DATE: 04/13/2007
ORDINANCE NO. 3635
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SUMMARY OF ORDINANCE NO. 3635
of the City of Edmonds, Washington
On the 3rd day of April, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3635. 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 TO REPEAL
CHAPTER 16.60 RELATING TO GENERAL COMMERCIAL ZONES, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of April, 2007.
W eju�
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
SUMMARY OF
o Ii ee tyO1AAN°E q� one
On the 3rdington
2007, the City day of April,
City of Edmonds, of the
dinance No. 3635 A summar_
ry of the content of said ordi-
rOVid consisting of the title,
provides as follows.
AN ORDINANCE OF THE,
yY SHINGTON AMENDING
THE PROVISIONS OF THE
DEVEL PMENT OMMUNITY
REPEAL CHAPTERDE TO
RELATING TO GENERA
AN FIXING COMMERCIAL TIME WHEN
THE
CO
OME EF ECTIVEALL BE-
ME full text of this Ordi- i
re .,upon be mafled,.,upon
April, 00� this 4th day of
SANDRA ES. K,
Published: April 8, 2007 E
RECEIWD
APR 19 2007
EDMONDS CITY CLERK
Account Name: City of Edmonds
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. 3635
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 08, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
9th
Account Number: 101416 Order Number: 0001493104 v