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Ordinance 4140ORDINANCE NO.4140 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BD ZONES, PERMANENTLY ELIMINATING AN EXEMPTION FROM PARKING REQUIREMENTS FOR BUILDINGS WITH A FOOTPRINT LESS THAT 4800 SF. WHEREAS, the City, in 2018, approved an application for a new 9-unit apartment building that did not provide any vehicle parking on site; and WHEREAS, the zoning code for the BD zones previously exempted buildings with a footprint (not total area) of less than 4800 sq. ft. from the City's normal on -site parking requirements; and WHEREAS, the City analyzed whether that exemption should continue to be allowed for residential buildings and residential portions of buildings; and WHEREAS, the City Council adopted interim zoning to remove that exemption on August 21, 2018, contemplating that the subject would be sent to the Planning Board for further study, a public hearing and a recommendation back to the Edmonds City Council; and WHEREAS, the Planning Board discussed the matter on October 10, 2018; and WHEREAS, the Planning Board studied the matter further and held a public hearing on December 12, 2018, although no member of the public spoke at the public hearing; and WHEREAS, the Planning Board deliberated on the matter and ultimately voted to forward the staff -recommended code amendment to the City Council with a recommendation to adopt; and WHEREAS, the City Council held a public hearing on February 5, 2019 and after deliberating the matter further has determined to take the action recommended by the Planning Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Subsection 16.43.030.D, which addresses off-street parking and access requirements in the BD — Downtown Business zone, is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st-Fikethr-aug ): D. Off -Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off -Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD 1, BD2, BD4, and BD5 zones. Section 2. Subsection 17.50.010.C, which addresses off-street parking requirements in the BD — Downtown Business zone, is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfikethr-oug ): C. The Downtown Business Area. 1. All new buildings or additions in the downtown business area shall provide parking at a flat rate of one parking stall for every 500 sq. ft. of gross floor area of building. If it is a mixed use or residential building, the portions of the building used exclusively for residential uses shall only be required to provide parking at one stall per dwelling unit. For purposes of this chapter, "residential uses" shall refer to lobbies, stairwells, elevators, storage areas and other similar features. 2. All existing and new uses in existing buildings are considered to comply with the parking requirements set forth in this chapter of the code. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful 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 specifically 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 DAVE EARLING ATTEST/AUTHENTICATED: 5: CLERK, SCOTT P SSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: February 8, 2019 PASSED BY THE CITY COUNCIL: February 12, 2019 PUBLISHED: February 15, 2019 EFFECTIVE DATE: February 20, 2019 ORDINANCE NO.: 4140 SUMMARY OF ORDINANCE NO.4140 of the City of Edmonds, Washington On the 12th day of February, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4140. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BD ZONES, PERMANENTLY ELIMINATING AN EXEMPTION FROM PARKING REQUIREMENTS FOR BUILDINGS WITH A FOOTPRINT LESS THAT 4800 SF. The full text of this Ordinance will be mailed upon request. DATED this 131h day of February, 2019. CLERK, SC PASSEY 1 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH844972 ORDINANCES 4140-4144 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 02/15/2019 and ending on 02/15/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $77.a�� Subscribed and sworn before me on this j daV t�f owls '�11r• Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY RECEIVED FEB 19 2019 EDMONDS CITY CLERK Classified Proof RECEIVED FEB 19 2019 ORDINANCE SUMMARY 'of m Clry of Eemnnds. WaaNngton Ed the 121h day C1 February, 2610i an City Council of the City of Ednioetda, pawed the flowing Drdirre rlCei, the wmmafiea of said EDMONDS CITY CLERK .,dln..0 , C" IlI" Of Sides ere as follows: gRQINAAiCE ND.4idp MTV AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNIT$ IN THE SO ZONES, PERMANENTLY ELIMINATING AN EXEMPTION t:ROM PARKING REQUIREMENTS FOR BUILDINGS WITH A FOOTPRINT LESS THAT 4800 SF. ORDINANCE NO.4141 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEN", C"APTER 205D of: THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED 'WIRELESS COMMUNICATION FACILITIES.' DECLARING AN EMERGENCY NECESSITATING IMMEOPATE ADOPTION} AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. ORDINANCE NO.4142 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON. EXTENOING THE PROHIBITION OF Toe INSTALLATION OF STY REHE•BUTALNENE RUSHER (ALSO KNOWN AS SBR OR 'CRUMB RUBBER') ON PUBLICLY - OWNED ATHLETIC FIELDS WITHIN! THE CITY OF EDMONDS FOR AN AODITIONAL SIX MONTHS. ORDINANCE NO.4143 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, VACATING A PORTION OF EXCELSIOR PLACE THAT ABUTS AND LIES NORTH OF THE PROPERTY ADDRESSF-O AT 19631 94TH PLACE WEST AS SET FORTH IN THE RESOLUTION OF INTENT NO 1419, AND FACING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. ORDINANCE NO. 41A4 AN ORDINANCE Of THE CITY OF EDMONDS. WASHINGTON, AMENDING ORDINANCE NO. 4136 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENOITLIRES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SMALL BECOME EFFECTIVE The fu8 tellt of Grose Ot dr1an66s w II be malled upon request. DATED this 13th day of February, 2019 CITY CLERK, SCOTT PASSEY Published: February 16, 2019. EDH844972 Proofed by Sheppard, Dicy, 02/15/2019 09:00:28 am Page: 2