Ordinance 37680006.90000
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12/11/09
ORDINANCE NO. 3768
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE REZONE OF CERTAIN
REAL PROPERTY IN AN APPLICATION KNOWN AS THE
UNDERHILL REZONE, DEPICTED IN FILE NO. PLN -2009-
0019 AND LOCATED ALONG A PORTION OF 215th STREET
SOUTHWEST FROM MULTIPLE RESIDENTIAL (RM -2.4) TO
SINGLE - FAMILY RESIDENTIAL (RS -8), AUTHORIZING
AMENDMENT OF THE ZONING MAP, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, certain real property located along 215th Street Southwest east of
76th Avenue West, shown on the attached Exhibit A and consisting of nineteen parcels has been
the subject of a request for rezone from Multiple Residential (RM -2.4) to Single- Family
Residential (RS -8); and
WHEREAS, the Comprehensive Plan was amended in 2008 to designate the
nineteen parcels Single - Family - Urban 1; and
WHEREAS, the application has been considered by the City's Planning Board
which recommended denial of the proposed rezone and reconsideration of the Comprehensive
Plan designation; and
WHEREAS, the nineteen parcels comprising the rezone application are
approximately one - quarter acre in size and were developed into single - family homes during the
1950s and 1960s; are located within a Multi- Residential (RM -2.4) zone and are situated near
Highway 99 on the east, Stevens Hospital to the south, Edmonds Woodway High School to the
west and Multi - Family to the north; and
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WHEREAS, the rezone area represents an island of stable single - family
residential property and affordable housing within a primarily multi - family or commercial area;
and
WHEREAS, the owner of the one of the properties located on the corner of 76th
Avenue West and 215th Street Southwest opposed the rezone, testifying that she purchased the
property knowing it was in a multi -use zone, noting the existence of heavy traffic on 76th
Avenue West on which her property fronts, noting the proximity of Stevens Hospital and a
condominium complex, and asserting that her home's value would be reduced and become more
difficult to sell if rezoned to Single - Family zoning; and
WHEREAS, ECDC 20.40.010 lists six factors which should be considered in
reviewing a proposed rezone, none of which is conclusive but all of which are relevant; and
WHEREAS, the City Council finds that the rezone as proposed is consistent with
the Comprehensive Plan and the general purposes of the zoning ordinance, and provides
affordable housing in a stable residential neighborhood; and
WHEREAS, the City Council finds that the property is an island of stable single-
family residences but is surrounded by multi - family and commercial uses; and
WHEREAS, while the bulk of the properties which were proposed to be rezoned
are economically and physically suitable for single - family use, but, those houses which border
on 76th Avenue West represent a transition from the single - family area to more dense residential
and commercial areas and could suffer economic loss or detriment that would not be outweighed
by the relative gain to the public health, safety and welfare; and
WHEREAS, The City Council finds and concludes that seventeen of the
properties were shown in File No. PLN- 2009 -0019 are suitable for rezoning to a Single - Family
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site but that the two properties located on opposing corners of 76th Avenue West and 215th
Street Southwest should be excluded from the rezone, thereby serving as a transitional buffer
from the Single - Family rezoned area to the denser zoning on 76th Avenue West and surrounding
the rezone area, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
'A 170 11, VOINK6I=13
Section 1. Seventeen of the nineteen properties shown in File No. PLN 2009-
0019 are hereby approved for rezone from Multi- Family Residential (RM.2.4) to Single- Family
Residential (RS -8), excluding the two properties shown in the rezone application on opposing
corners of 76th Avenue West and 215th Street Southwest which rezone shall remain RM -2.4.
Section 2. The staff is hereby authorized to effectuate this amendment by
making appropriate changes to the City's zoning map.
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.
APPROV D:
MAY R G Y HAAKENSON
ATTEST /AUTHENTICATED:
C TY CLERK, SANDRA S. CHASE
{WSS754140.DOC;1 \00006.900000\ } - 3 -
APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY )5wa&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12 -11 -09
PASSED BY THE CITY COUNCIL: 12 -15 -09
PUBLISHED: 12 -23 -09
EFFECTIVE DATE: 12 -28 -09
ORDINANCE NO. 3768
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SUMMARY OF ORDINANCE NO. 3768
of the City of Edmonds, Washington
On the 15th day of December, 2009, the City Council of the City of Edmonds,
passed Ordinance No. 3768. 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 IN AN APPLICATION KNOWN AS THE
UNDERHILL REZONE, DEPICTED IN FILE NO. PLN- 2009 -0019 AND LOCATED ALONG
A PORTION OF 215th STREET SOUTHWEST FROM MULTIPLE RESIDENTIAL (RM -2.4)
TO SINGLE - FAMILY RESIDENTIAL (RS -8), AUTHORIZING AMENDMENT OF THE
ZONING MAP, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of December, 2009.
,d�� W. ��.
CITY CLERK, SANDRA S. CHASE
{WSS754140.DOC;1 \00006.900000\ }- 5 -
Exhibit A
Legend
Properties to be rezoned from RM -2.4 to RS -8
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Legend
Properties to be rezoned from RM -2.4 to RS -8
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
E
r�c. 189
SUMMARY OF ORDINANCE NO. 3768
of the City o Edmonds, Washington
On the 15th day of December, 2009, the City Council of the City
of Edmonds, passed Ordinance No. 3768. A summary of the con-
tent 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 IN
AN APPLICATION KNOWN AS THE UNDERHILL REZONE, DE-
PICTED IN FILE NO. PLN- 2009 -0019 AND LOCATED ALONG A
PORTION OF 215th STREET SOUTHWEST FROM MULTIPLE
RESIDENTIAL (RM -2.4) TO SINGLE - FAMILY RESIDENTIAL
(RS -8), AUTHORIZING AMENDMENT OF THE ZONING MAP,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EF-
FECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of December, 2009.
CITY CLERK, SANDRA S. CHASE
:Published: December 23, 2009.
RECEIVE
DEC 31 2009
ZK
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. 3768
Approving Rezone of Certain Real Property
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:
December 23, 2009
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 23rd
day of December
Notary Public in and
County.
Account Name: City of Edmonds Account Number
r�Staft'�ot' bf �� 1f;rs i ' ,fit E rett, Snohomish
}6'S%y•r �:� "Order Number. 0001679456
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