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Ordinance 36430006.900000 WSS /gjz 4/20/07 ORDINANCE NO. 3643 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 23012, 23014, 23028, 23100, AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW, AND A VACANT LOT LOCATED AT THE NORTHWEST CORNER OF 232ND STREET SW AND EDMONDS WAY, FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI - RESIDENTIAL- EDMONDS WAY (RM -EW) AND FROM COMMUNITY BUSINESS (BC) TO COMMUNITY BUSINESS - EDMONDS WAY (BC -EW), ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council received the recommendation of its Planning Board regarding File No. R- 2006 -95 recommending approval of rezone of certain real property located at 23012, 23014, 23028, and 23100 from Multiple Residential (RM -1.5) to Multi- Residential- Edmonds Way (RM -EW) and property located at 23110 Edmonds Way, 9133 - 232nd Street SW and a vacant lot located at the Northwest corner of 232nd Street SW and Edmonds Way from Community Business (BC) to Community Business - Edmonds Way (BC -EW); and 2007; and WHEREAS, the City Council held a closed record public hearing on April 17, WHEREAS, having considered the record before it and the recommendation of the Planning Board, and the arguments presented to it at the closed record public hearing, the City Council hereby deems it to be in the public interest to approve the rezone, based upon the Findings of Fact and Conclusions referenced herein; NOW, THEREFORE, { WSS659077.DOC;1 /00006.900000/} -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. For its Findings of Fact and Conclusions of Law, the Edmonds City Council hereby adopts the Planning Division Advisory Report Findings, Conclusions and Recommendations, contained as Exhibit 2 in the closed record review and dated March 14, 2007, incorporating these Findings and Conclusions as fully as if herein set forth. Section 2. Certain real property referenced in File No. R- 2006 -95 with the street addresses of 23012, 23014, 23028, and 23100 are hereby rezoned from Multiple Residential (RM -1.5) to Multi- Residential- Edmonds Way (RM -EW) and 23110 Edmonds Way, 9133 - 232nd Street SW, and a vacant lot located at the Northwest Corner of 232nd Street SW and Edmonds Way from Community Business (BC) to Community Business - Edmonds Way (BC- EW). The Community Services Director or his designee is hereby authorized to amend the official zoning map of the City to reflect such action. Section 3. 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: MA H AKENSON ATTEST /AUTHENTICATED: fl,d~CITY CLERK, SANDRA S. CHASE l z/ eZ_4� { W SS659077.DOC;1 /00006.900000/} -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( 5�&& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 04/27/2007 PASSED BY THE CITY COUNCIL: 05/08/2007 PUBLISHED: 05/13/2007 EFFECTIVE DATE: 05/18/2007 ORDINANCE NO. 3643 { WSS659077.DOC;1/00006.900000/} -3- SUMMARY OF ORDINANCE NO. 3643 of the City of Edmonds, Washington On the 8th day of May, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3643. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 23012, 23014, 23028, 23100, AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW, AND A VACANT LOT LOCATED AT THE NORTHWEST CORNER OF 232ND STREET SW AND EDMONDS WAY, FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI - RESIDENTIAL - EDMONDS WAY (RM -EW) AND FROM NEIGHBORHOOD BUSINESS (BN) COMMUNITY BUSINESS - EDMONDS WAY (BC -EW), ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 9th day of May, 2007. ,/ ems_ CITY CLERK, SANDRA S. CHASE { WSS659077.DOC;1/00006.900000/} -4- Item #6b CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: EDMOND3 PLANNING BOARD From: Robe)t Chave, AICP Planning Manager Date: Planning Board Meeting of March 14, 2007 File: R- 2006 -95 Application by A.D. Shapiro Architects / SGA Corporation for a rezone of the subject property from the current "Multiple Residential -- RM -1.5" to "Multiple Residential — RM -EW" and from "Community Business — BC" to "Community Business — Edmonds Way." Hearing Date, Time, and Place: March 14, 2007, at 7:00 PM, Edmonds City Council Chambers Public Safety Complex 250 - 5h Avenue North TABLE OF CONTENTS Section Page I. INTRODUCTION ........................................................................................................... ..............................2 A. APPLICATION INFORMATION ..................................................................................... ..............................2 B. RECOMMENDATION ON THE PROPOSAL ..................................................................... ..............................2 II. FINDINGS OF FACT AND CONCLUSIONS .............................................................. ..............................3 A. SITE DESCRIPTION .................................................................................................... ..............................3 B. STATE ENVIRONMENTAL POLICY ACT ( SDPA) ..............................................:............ ..............................4 C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCE ..................... ..............................4 D. COMPREHENSIVE PLAN ............................................................................................. ..............................6 E. TECHNICAL COMMITTEE ........................................................................................... ..............................1 F. PUBLIC COMMENTS .................................................................................................. ..............................8 III. ATTACHMENTS ............................................................................................................ ..............................8 IV. PARTIES OF RECORD ................................................................................................. ..............................8 City of Edmonds ce Planning Board I. INTRODUCTION A. APPLICATION 1. A120licant: A.D. Shapiro Architects / SGA Corporation. 2. Site Location: (Refer to Attachment 1) RM-1.5 to RM -EW.• 23012, 23014, 23028, 23100 Edmonds Way. . BC to BC- Edmonds Way: 23110 Edmonds Way, 9133 232nd ST SW, and the vacant lot at the Northwest corner of 232nd Street SW and Edmonds Way (Assessor's parcels 27043100207600 and 00555300101100). 3. Request: Application for a rezone from "Multiple Residential — RM -1.5" to "Multiple Residential — RM -EW" and from "Community Business — BC" to "Community Business — Edmonds Way" (see Attachments 1 and 2). 4. Review Process: a. Rezone - Planning Board conducts a public hearing and forwards a recommendation to the City Council for final decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.40 (REZONES). b. Compliance with Edmonds Community Development Code (ECDC) Section 20.100.010 (HEARING EXAMINER, PLANNING ADVISORY BOARD AND CITY COUNCIL REVIEW). B. RECOMMENDATION Based on Statements of Fact, Analysis, Conclusions, and Attachments in this report, staff recommends that the Planning Board make a recommendation to the City Council to APPROVE both the request for a rezone from "Multiple Residential — RM -1.5" to "Multiple Residential — RM-EW" and from "Community Business -- BC" to "Community Business — Edmonds Way. " R- 2006- 95.doc 2 II. FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION I . Site Development and Zoning: a. Facts: (1) Size and Shaue: The area under review stairsteps along Edmonds Way and is approximately 1.95 acres in size, with 1.14 acres (49,658 square feet) proposed to be rezoned to "Multiple Residential — EW" and 0.81 acres (35,284 square feet) to be rezoned to "Community Business — BC- Edmonds Way" (see Attachments 1 and 2). The site has approximately 670 feet of frontage on Edmonds Way (State Route 104) and more than 150 feet of frontage along 232nd Street SW. (2) Land Use: 23012, 23014, 23028, 23100 and 23110 Edmonds Way — Single Family Residences Parcel in the Northwest corner of Edmonds Way and 232nd Street SW — Vacant lot (3) Zonine: Current zoning of the subject properties is a mixture of RM -1.5 and BC, as shown on the vicinity map (see Attachment 1). 2. Neighboring Development and Zoning: a. Facts: (1) Northwest: To the northwest of this site is the Woodway Estates Apartments and a mix of other multiple and single - family residential uses that are zoned "Multiple Residential RM -1.5" (see Attachment 1). (2) Northeast and East: To the north, across Edmonds Way, are some duplexes adjacent to Westgate Chapel, both of which are zoned "Multiple Residential — RM -1.5" (see Attachment 1). South of these developments, and directly across Edmonds Way, are the Northwood Apartments and the Ridge Acres Trailer Park, both of which are in Unincorporated Snohomish County. (3) South and west: An area zoned "Single- Family Residential RS -8" (see Attachment 1). The primary uses are single-family residences, with a few duplexes previously permitted in the County. R- 2006- 95.doc 3 B. STATE ENVIRONMENTAL POLICYACT (SEPA) 1. a. Fact: A Determination of Nonsignificance was issued on August 30, 2006, for the code amendments establishing the RM-EW and BC- Edmonds Way zones in the Edmonds Community Development Code (ECDC) as well as the proposed rezones being considered. No appeals were received. Although this satisfies the SEPA requirements for the proposed rezones, a project- specific SEPA determination will be required once a specific project is proposed. C. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLL4NCE 1. ECDC Section 20.40 (Rezones) a. Facts: (i) The current RM and BC zoning classifications are detailed in Attachment 3. This includes the existing RM-1.5 and BC zones, as well as the proposed RM-EW and BC- Edmonds Way zones. (ii) Edmonds Community Development Code (ECDC) Section 20.40.010 provides that, at a minimum, the following factors shall be considered in reviewing an application for a rezone: (1) Comprehensive Plan. Whether the proposal is consistent with the Comprehensive Plan; and, (2) Zoning Ordinance. Whether the proposal is consistent with the purposes of the Zoning Ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; and, (3) Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; and, (4) Change Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to juste the rezone: and, (5) Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning; and (6) Yalue. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. (iii) The applicant has submitted declarations describing how they feel their proposal meets the rezone criteria (see Attachment 2). (iv) The purposes of the Multiple Residential zones are given in ECDC 16.30.000, and include allowing for a variety of housing types and a range of greater densities than are available in the single-family residential zone, while still maintaining a residential environment. Also, R- 2006- 95.doc 4 to provide for those additional uses which complement and are compatible with multiple residential uses. (v) The RM-EW zone allows a number of uses, including multiple dwellings, single-family dwellings, retirement homes, group homes for the disabled, churches, primary schools, local public facilities that are part of the capital improvement plan, and neighborhood parks. Uses that are allowed with a conditional use permit include offices, day -care centers, convalescent homes, and others. (vi) The standard height limit for an RMzone is 25 feet plus 5 feet for a 4- in-12 pitched roof. The proposed RM-EW zone allows buildings to exceed the standard 30 foot RM height limit under certain circumstances, mainly related to the presence of a 5-foot-or-greater grade change to adjacent residentially zoned properties. Other conditions related to the 35 foot height limit are described in 16.30.030.A (see Attachment 3). (vii) The RS-8 zone allows primarily residential, and has a height limit of 25 feet. Setbacks for the RS -8 zone are 25 feet to the street property line, 7.5 feet to the side property lines, and 15 feet to the rear property line. (viii) Setbacks for the RM-1.5 zone are 15 feet to the street property line, 10 feet to the side property line, and 15 feet to the rear property line. For single-family homes on lots of 10, 000 square feet or less, setbacks from the RS-6 zone may be used, which are 20 feet to the street property line, 5 fee to the side property line, and 15 feet to the rear property line. None, except if the side or rear property line is adjacent to residential, the The RM-EW zone also requires landscaping and retention of trees beyond that normally required under the existing RM-1.5 zone (see 1630.030.D in Attachment 3). (ix) The subject properties were added to the Edmonds Way Corridor and rezoned to RM -1.5 and BC in 2005. Several other changes in zoning have occurred along Edmonds Way and in the vicinity since 2001, including an expansion of the Edmonds Way Corridor plan designation to the west along with additions to multifamily zoning near the PUD substation and 95'" PL W. Further west, several new projects were constructed in the Westgate Corridor, including an Alzheimer care facility and an assisted living facility and a redevelopment centered on the southwest corner of the WestgatelVh Avenue intersection. Westgate Chapel has also undergone expansion in recent years. b. Analysis. (i) The rezone request is consistent with the Comprehensive Plan designation, which shows the properties lying within the Edmonds Way Corridor. (ii) The purposes of the Multiple Residential zones are similar to the Single - Family Residential zone, except that a wider variety of residential types and more density is allowed in the Multiple Residential zone. Therefore, the proposal appears to fit the purposes of the Multiple Residential zone and the zoning ordinance. R- 2006- 95.doc (iii) The proposed zone is similar to the RM-1. S zoning and existing uses to the north and east of the subject parcels. The proposed zone is more intense than the properties to the south, though a number of the single - family -zoned homes actually have duplexes. There is also a bank that helps to separate the uses adjacent to Edmonds Way from the single - family residences at the top of the bank, and this situation is anticipated and addressed in the proposed RM-EW zone. Across Edmonds Way, one parcel is already zoned Multiple Residential, though three single-family residences exist on that site. (iv) Multi family projects have been constructed primarily in the downtown bowl, but some projects have been constructed along Edmonds Way. It appears that there continues to be a demand for conveniently located multi - residential units. (v) The site appears to be suitable for the proposed zoning. One duplex currently exists in the subject parcel, while several of the lots are currently vacant. The site is fairly indistinguishable from the adjacent Multiple Residential zoning along Edmonds Way, and appears to be suitable for that use. The applicants point out that the traffic on Edmonds Way and the PUD substation discourage 8, 000 square foot single-family residential use, since people looking for lots of that size generally are looking for quieter neighborhoods. (vi) The value to the property owners is expected to rise. The relative gain to the general Edmonds community stems from intensifying areas designated for multiple family housing that are well- situated and served by arterials and other public services, including transit. This also assists the city in meeting its Growth Management Act goals. One potential concern is traffic safety, which will be addressed by the Washington State Department of Transportation and the City during review of any subsequent project proposal. c. Conclusions: (i) Based on the above findings and analysis, planning staff supports the proposed rezone to RM-EW D. COMPREHENSIVE PLAN I. Comprehensive Plan Policies: a. Facts: (i) This site is currently designated "Edmonds Way Corridor". Goals for the Edmonds Way Corridor are attached, along with the goals for residential development (see Attachment 4). b. Analysis: (i) The Edmonds Way Corridor is intended to provide for multiple residential and small -scale commercial uses, served the high- capacity SR -104 corridor. The intent is to provide developments that control access and minimize turning .movements that would otherwise disrupt traffic. R- 2006- 95.doc 6 (ii) The policies for multifamily development encourage their location near arterial or collector streets. In addition, these policies encourage multi family uses to take advantage of topography and natural features to afford a transition to adjoining single family zones. (iii) The subject site meets the locational criteria for both the Edmonds Way Corridor and the uses anticipated in the proposed RM-EW and BC -EW zones. (iv) Because of the change in topography from the site to neighboring properties, multifamily residential and limited commercial uses should be able to meet many of the compatibility policies. c. Conclusions: (i) The Comprehensive Plan Policies noted above encourage the siting of that multi family residential or commercial uses along arterials rather than single-family uses, so long as traffic impacts and transitions can be addressed. E. TECHNICAL COMMITTEE The application was reviewed by the Engineering Division, Fire Department, Public Works Department and the Parks and Recreation Department. The only comments received were from the Engineering Division which originally commented that "The applicant will be required to meet all future requirements including review by WSDOT for access onto SR- 104. " The city's Traffic Engineer also concluded that SR -104 has the capacity to incur additional growth. Access is a more sensitive issue, and may be limited to right -turn movements only. Note that the subject site for this proposed change does not have the ability to take advantage of side streets for access. Development along SR 104 will be required to demonstrate that safe access can be achieved onto the transportation infrastructure, consistent with city and state standards. Subsequent to this review, a traffic study was submitted by the applicants (see Attachment S) and was reviewed by Don Sims, the City Traffic Engineer; Mr. Sims' comments are below. Although the traff c study appears to be for a specific project and is not directly relevant to the current non project application for a change in zoning, it does demonstrate the types of analysis that will be applied to any future project that would be applied for in the future. I reviewed the updated traffic analysis for the subject project (dated January 5, 2007) and I concur with the findings and recommendations in the report. Namely, there are two mitigation measures proposed: 1) Pay the City a traffic mitigation fee of $32,210.56. 2) Widen the eastbound approach lane of 232nd @ Edmonds Way (SR104) to accommodate an additional turn lane. The proposed (and recommended) channelization would be a shared left/through lane and a separate right turn lane. This additional lane should be a minimum of 75' in length (in order to store of minimum of 3 vehicles queuing). The channelization (striping plan) still needs to be submitted to engineering and approved by the city. The channelization plan should show such things vehicle storage length R- 2006- 95.doc (turn pocket lengths), lane widths, taper rates, right turn curb radii, pavement markings, etc. This mitigation will improve the delay for that leg from a future no build (LOS D, 29.8 seconds) to project added trips future build (LOS D, 27.8 seconds). Please let me know if you have any questions. Also, they submitted a site plan and parking lot plan in conjunction with the traffic study (for informational purposes only). Please remind them that only the traffic study has been approved and that those site plans (along with an intersection channelization plan) will need to go through the city's normal plan review process. — Don Sims, City Traffic Engineer F. PUBLIC COMMENTS A letter has been received from Gary Gibson and is included as Attachment 7. III. ATTACHMENTS 1. Vicinity/Zoning Map. 2. Supporting materials from the Applicant. 3. ECDC zoning regulations for RMand BC zones (includes RM-EW and BC -EW). 4. Comprehensive plan map and applicable comprehensive plan policies. 5. Gibson traffic report. 6 Public comment letter. V. PARTIES OF RECORD Edmonds Planning Division Gary Gibson Edmonds Engineering Division 9302 – 2315` Street SW Edmonds, WA 98020 R- 2006- 95.doc 8 STATE OF WASHINGTON, COUNTY OF SNOHOMISH i SUMMARY OF ORDINANCE NO. 3643 o t e ity o mon s, as mgton On the 8th day of May, 2007, the City Council of the City of Edmonds,.passed Ordinance No. 3643. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT 23012, 23014, 23028, 23100, 1 AND 23110 EDMONDS WAY, 9133 - 232ND STREET SW, AND A VACANT LOT LOCATED AT THE NORTHWEST CORNER OF 232ND STREET SW AND EDMONDS WAY, FROM MULTIPLE RESIDENTIAL (RM -1.5) TO MULTI- I RESIDENTIAL- EDMONDS WAY (RM -EW) AND FROM NEIGHBORHOOD BUSINESS V(BBN) COMMUNITY I NGS OF FACTIAND ONCLU CONCLUSIONS DOPTING AND FIND. FIX- ING A TIME WHEN THE SAME SHALL BECOME EFFEC- TIVE. The full text of this Ordinance will be mailed upon request. DATED this 9th day of May, 2007. } CITY CLERK, SANDRA S. CHASE Oublished: May 13, 2007. RECEIVED MAY 18 2001 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. 3643 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: May 13, 2007 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and swom to before me this day of May, 2007 in an¢ for the State of Washington, residing Account Name: City of Edmonds Account Number: 101416 14th AM 'tEv ett, Sno U t�L � $ z 9 `rT�ITF OF WP� Order Number: 0001503406