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Dennys AnnexationSC: chaoccr vll, Se_C!OC I!` Fc: dc;a!and siaCl!tOr,/ for CaC;^ Y step. Action Date Completed I, `'ot:ce aF Inter F:le_ 3:27=^_ c; r'.-c7- represcnting owners of not less tha of assessed value) �. Oo�� Signatures certified as s'u, iciCGi 6Cly C� - 2 3_ SEPA compliance (see Ioca! ordina .ce c: SEPA Rides) Environmental checklist fi[cd ThreshoId determination made Negative declaration procedures or Environ-ncntal impact statement procedures 4. Date set by city council For meeting with initiating - partlCs (wlthln 60 dcys of fl!!ng of petlClon) �. iNfc..tiao held and cogs-cil naccior, on: Whether to accept proposed annexation? ✓ Whct!;cr simultancous adoption of zoning regulation required? : Whether assu;—„ption of indebtedness required?✓ Council action recorded in cou.^,cil minutes 6. Notice of intention filed with boundary review board (where applicable) utilizing its procedures "7 Lega!ly sufficient pe;ition of 75% of valuation filed 3. CommCnCcT,cnt of dc;crminatian of sufficiency of petition (within 3 working days after filing) and filing with city council a ccrtil ieate containing this date /0 o :�, _ ;,7-ff7 9• Planning Board meeting to recommend preannexation zoning //- -?- -7 14' lst City Council Hearing on Planning Bd. recommendation Hearing Notice Published /- t7-af( 01.` 4 -�- /- 2nd City Council Hearing on Planning Bd. recommendation Hearing Notice Published 17 18. 19. 20. 21. 22 Council adopts ordinance establishing zoning (Consent Agenda) 3 — x-Sl—S-e Zoning Ordinance and trap recorded with Auditor o Slga res cC-tltlC''. as Sufi lc*Cnt Date set by city council for public hearing o� —lc. /..5, Nonce Of hearing Submitted to newspaper g-2r Published - one or more issues of nc-.vspapc- Affidavit of publication received POSeCd in J pUb11C piaCCS 'w'itiil.^. area proposed for annexation a2—io — Actual notice (optional) to: Petitioners ✓ Other property owners Neighbors. Hearing held and council action: Approved as proposed? Approved portion of proposal? ; Disapproved? Annexation Ordinance No. Presented to council Adopted Either: Submitted for publication Published Affidavit of publication received • Effective date of annexation (as fixed in ordinance) Three copies of ordinance and map filed with'doun"ty legislative authority (Notice to county auditor, assessor and other officers requesting notice'whe're county legislative authority may not readily forward information.) Certificate of annexation filed with state Office of Financial Management (as soon as possible, not later than 30 days of cCfective date of annexation). Notice to: Washington Smic Department of Revenue U.S. Bureau of Census (optional) City departments Public works Fire Police Park and recreation Other 0006.02040 WSS504510 WSS/naa 02/10/88 ORDINANCE NO. 2665 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING PREANNEXATION ZONING AT CG (GENERAL COMMERCIAL) FOR CERTAIN REAL PROPERTY LOCATED ADJACENT AND CONTIGUOUS TO THE CITY OF EDMONDS ON THE NORTHWEST CORNER OF THE INTERSECTION OF 244TH STREET SOUTH WEST AND HIGHWAY 99 IN UNINCORPORATED SNOHOMISH COUNTY; AND ESTABLISH- ING AN EFFECTIVE DATE FOR SAID PREANNEXATION ZONING WHEREAS, the proposed property for initial preannexation zoning is comprised of two separate- tracts of land currently in commercial use and owned by separate corporate entities operating an Arby's and a Denny's restaurant, and WHEREAS, the tract of land owned by Denny's has made application to the City for annexation, and WHEREAS, the City reasonably anticipates that the Arby's tract will, at some time in the immediate future, request annexation to the City, and WHEREAS, the Planning Board after public hearing considered the establishment of preannexation zoning as an adjunct to the Official Zoning Map of the City of Edmonds and has made its favorable recommendation and findings for General Commercial zoning for the area and such recommendation has been forwarded to the City Council, and WHEREAS, the City Council, after two public hearings and having considered and reviewed the recommendation of its Planning Board, has now determined that the proposed zoning should be approved by an amendment to its Official Zoning Map, NOW, ��O'f0'fD0 �2 THEREFORE, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Official Zoning Map of the City of Edmonds, as adopted by section 17.00.010 of the ECDC is hereby amended by the establishment of preannexation zoning in the classification of CG (General Commercial) zone as the same exists by ordinance or is hereafter amended. The tract of land for which preannexation zoning is hereby established is located on the northwest corner of the intersection of 244th Street South West and Highway 99 in unincorporated Snohomish County and is legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendment to the Official Zoning Map .of the City of Edmonds pursuant to this ordinance in order to establish and set forth preannexation zoning for these tracts of land. Section 3. This ordinance, being an exercise of the powers specifically delegated to the City's legislative body, is not subject to referendum and shall take effect five (5) days after its publication in the City's official newspaper. ATTEST/AUTHENTICATED: ICITI CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: +C�� FILED WITH THE CITY CLERK: February 12, 1988 PASSED BY THE CITY COUNCIL: March 15, 1988 PUBLISHED: March 20, 1988 EFFECTIVE DATE: March 25, 1988 ORDINANCE NO. 2665 EXHIBIT A Beginning on the corporate limits line of the City of Edmonds, at point which is the intersection of the centerline of U.S. Highway 99 with the Southeasterly prolongation of the Westerly right-of-way line of Edmonds Way (SR 104); thence Northwesterly, alonq said prolongation and the Westerly riqht-of-way line of Edmonds Way (SR 104). to an intersection with the North line of Lots 1, 2 and 3 of Block 32, Hanbury's Sound View tracts, according to the Plat thereof recorded in Volume 7 of Plats, page 20, records of Snohomish County, Washington; thence Westerly along the North line of said tracts 1, 2 and 3 to a point 30.00 feet Easterly of the Northwest corner of said Lot 3; thence Southerly along the East line of :the West 30.00 feet of said Lot 3 a distance of 145.00 feet; thence Westerly along the South line of the Northerly 145.00 feet of the West 30.00 feet of said Lot 3 and East 10.00 feet of Lot 4 to the South- west corner of the East 10.00 feet of the North 145.00 feet of Lot 4 of said Block 32; thence Southerly along the West line of the East 10.00 feet of the South 155.00 feet of Lot 4 to a point on the South line of Lot 4; thence Easterly along the Northerly right-of-way line of 244th Street SW to an intersection with the Westerly right-of-way line of U.S. Highway 99; thence Northeasterly and Northerly along the Westerly right- of-way line of U.S. Highway 99 to an intersection with the Westerly right-of-way line of Edmonds Way (SR 104); thence Southeasterly along the Westerly prolongation of the Westerly right-of-way line of Edmonds Way (SR 104) to the intersection of the center line of U.S. Highway 99 the true point of beginning. I I i 4. 'PREANNEXATION ZONING S-i45 R 7 87Li 3' -2- -�� Q !q5 2 ! Iu -- - - I � 01 I -----� t 4 + 130 cttl e 13O _ 7 0 a R A I ^ E DMONDS 18�� G EENERY, --- 3 c Zp `I----=� 28 UNITS �■ PHASE 2 � � ■ (� a A a I I I i--"-.75CK fL1 130 I t I 1 G a LL-L;_-E O N �tl��] `9 �` ------i SECOND C. �, ` n004ENi ! 136 ec 3Q I 13 j I-� i� Cij S . W. g° ? 130 00 rj {tJ i6 ey 1 r _ r _= i' I l l 1 I Q' - ' rz o 4 4 ci 130 . io a n5 5 I —I r_ .i w . . y cr coo s G 2 4 _.::: I = I O �I Tg S.W. ST. SUBJECT AREA North SECOND HEARING AND ADOPTION OF PROPOSED ORDINANCE 2665 RELATING TO PLANNING BOARD RECOMMENDATION J N PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 - 244TH ST_ S.W. R- - 5 £IT F EDMONDS)'. AND HEARING ON ANNEXING DENNY S RESTAURANT A7 8431 244TH ST_ S.W. (AX-3-87) Planning Division Manager Mary Lou Block reported that the Planning Board held a public hearing on November 25, 1987 to consider preannexation zoning for the land where the Arby's and Denny's Restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation currently pending on the Denny's property. The Planning Board recommends that the subject properties be designated CG (General Commercial) upon annexation to the City of Edmonds. Ms. Block said the City must conduct two hearings in order to establish preannexation zoning. The Council held their first required hearing on February 2, 1988. Ms. Block noted that a copy of the Planning Board Findings and Recommendations, the minutes from the November 25, 1987 Planning Board meeting, a vicinity map, and the minutes of the February 2, 1988 City Council meeting were included in the Council packets. Ms. Block said it is Staff's recommendation to adopt the ordinance establishing the preannexation zoning and that the Council give approval to annex the Denny's property into the City of Edmonds. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2665 ESTABLISHING PREANNEXATION ZONING AND THAT THE COUNCIL GIVE APPROVAL TO ANNEX THE ARBY'S AND DENNY'S PROP- ERTY INTO THE CITY OF EDMONDS. City Attorney Scott Snyder noted that State law requires that a public hearing be held. THE MOTION AND SECOND WERE WITHDRAWN. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2665 ESTABLISHING THE PREANNEXATION ZONING AND THAT THE COUNCIL GIVE APPROVAL TO ANNEX THE ARBY'S AND DENNY'S PROPERTY INTO THE CITY OF EDMONDS. MOTION CARRIED. ❑ HEARING TO REVIEW FUNDING OPTIONS FOR 208TH ST. UAB PROJECT Community Services Director Peter Hahn reported that the City received a considerable amount of support for the project at the February 16, 1988 public hearing and written support by the School District, PTA, parents and students since the request first came to the Council on January 17, 1988. Loren Sand, Assistant Public Works Director, City of Lynnwood, said the City of Lynnwood is requesting that the City of Edmonds participate in the UAB project for improving 208th St. S.W. and the installation of a signal at 76th Ave. W./208th St. S.W. The City of Edmonds' share, based on preliminary estimates, is $80,000 to $90,000, or 6% of the total project cost of $1,500,000. Mr. Sand said the key elements of the project include: construction of a sidewalk on both sides of the street; a new traffic signal at the intersection of 76th and 208th; in- creasing the roadway width with curbs and gutters; improving the sight distance by eliminating some humps and valleys in the street; and providing left -turn lanes and additional street lights. Mr. Sand said because two cities are involved, an interlocal agreement must be formed; a design consultant retained; value engineering completed; UAB funds secured; and local funding final- ized. He said the project will take approximately two years to complete, commencing in 1988. Mr. Sand said the benefits of the project include: improved pedestrian safety; improved traffic safety; completion of an arterial link between Highway 99, 68th, and 76th; and available UAB funding. Councilmember Jaech inquired if a possibility existed that the UAB grant may be unavailable. Mr. Sand replied negatively. He said the grant would only be lost if an interlocal agreement was not formed. Councilmember Wilson inquired about improvements to the other end of 208th St. Mr. Sand said the project will include improvements to the traffic signal at 68th and 208th, and it is antici- pated that 68th will be realigned in a westerly direction from Highway 99 to establish a further gap between the two traffic signals. Mayor Naughten recognized Mayor Hrdlicka, City of Lynnwood, in the audience. EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 15, 1988 EDMONDS CITY COUNCIL AGENDA MEMO Item number. Originator: Planning Division For Action: X For Information: SUBJECT: SECOND HEARING & ADOPTION OF ORDINANCE RELATING TO PLANNING BOARD RECOMMENDATION ON PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 AND 8425 244TH ST. S.W.(R-7-87/CITY OF EDMONDS); AND HEARING ON ANNEXING DENNY'S RESTAURANT AT 8431 244TH ST. S.W. (AX-3-87) AGENDA TIME: 10 Minutes AGENDA DATE: March 15, 1988 EXHIBITS ATTACHED: 1. Planning Board Recommendation 2. Planning Board Minutes 11/27/87 3. Vicinity Map 4. City Council Minutes 2/2/88 5. Proposed Ordinance Clearances: Dept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES ENGINEERING PARKS & � E�ATN PLANNING PUBLIC W FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $0 REQUIRED: $0 HISTORY AND SUMMARY STATEMENT: On November 25, 1987, the Planning Board held a public hearing to consider preannexation zoning for the land where the Arby's and Denny's restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation currently pending on the Denny's property. The Planning Board recommends that the subject properties be designated CG (General Commercial) upon annexation to the City of Edmonds. The City must conduct two hearings in order to establish preannexation zoning. On February 2, 1988, the Council held the first required hearing. Attached is a copy of the Planning Board findings and recommendation, the minutes from the November 25, 1987 Planning Board meeting, a vicinity map, and the minutes from the February 2, 1988 City Council meeting. RECOMMENDED ACTION: Staff recommends that the Council adopt the ordinance establishing the preannexation zoning and that the Council give approval to annex the Denny's property into the City of Edmonds. DENNYS2/COUNCIL EXHIBIT 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF EDMONDS REZONE CITY OF EDMONDS FILE: TR-7-87 After notification in conformance with law, the Planning Board of the City of Edmonds conducted a public hearing on November 25, 1987 on the rezone application of the the City of Edmonds. The applicant has requested approval of a proposal to establish preannexation zoning for the Denny's and Arby's restaurants at 8425 & 8431 244th St. S.W. The proposed zoning for the area upon annexation would be CG (General Commercial). Based upon the evidence presented thereat, the Planning Board makes the following findings of fact: FINDINGS OF FACT 1. The rezone area is located on the northwest corner of the intersection of 244th St. S.W. and Highway 99. Two restaurants, Arby's and Denny's, are located within the subject area. 2. The area is bordered by commercial development to the south and east; a mixture of multiple family and single family residential to the north and west. 3. A determination of nonsignificance has been issued by the City on the rezone request. 4. The subject property is designated by the Comprehensive Plan Map as Highway 99 Commercial Area. The proposed zoning would not conflict with the Comprehensive Plan. 5. No opposition was expressed by surrounding property owners. 6. At least one petition has been received by the City to annex a portion of the subject area. 7. The proposed zoning is consistent with the current zoning designation of GC (General Commercial) in Snohomish County. 8. The proposed zoning will not conflict with the current commercial land uses found in the subject area. CONCLUSIONS OF LAW 1. The proposed zoning conforms to the Comprehensive Plan map of the City of Edmonds. Planning Board R, mmendation ge 2 #R-7-87 2. Serious interest has been expressed to annex the subject area into the City of Edmonds. 3. No significant adverse environmental impact will result from the rezone request. 4. It is important to establish proper zoning for the area prior to annexation. 5. The proposed zoning will benefit the public by establishing proper zoning for the subject area upon annexation to the City of Edmonds. RECOMMENDATION TO THE CITY COUNCIL The Planning Board of the City of Edmonds recommends to the City Council that Application R-7-87 be approved. This recommendation was passed unanimously by the Planning Board PASSED the 25th day of November, 1987. yE LMER, CHAIR (EDM S PLANNING BOARD PBRECR7/TXTDVB51 EXHIBIT 2 Mr. Bowman said that t big problem is, `;How do you enforce the aw?" -he peas: hoL;rs of wood stove use are between 6 p.m. and 6 a.m. Mr. Bowman felt that the Board needs to discuss this, and it is important that this discussion take place at the December 9 meeting before the state laws becomes effective. Mr. Eow-an also felt that the Council needs to hear the presentation from the Puget Air Quality Board so that they can see where the problems are. Mr. Lewis said that while attending a Port meeting, he was informed that the Departmert of Ecology had received a letter from someone within the City who was unhappy about the closure of the gates at the Port. The Port Commissioners were upset about this letter being sent to the Department of Ecology before that person discussed the problem with them- Mr. Lewis stated that this has created a lot of new tension with the Port and could make them difficult to work with. Mr. Lewis asked about the Real Estate sigw- n on Dayton Street. Mr. Leis feit that this Sion has been there beyond its allowable time and should be investioated. Mr. Bonan said that he would check into the situation. Ms. Claussen said that if the Sign Code is ever reviewed again, they should consider the length of time that a real estate sign can remain on display. Mr. Kirschner asked when the fall City cleanup was scheduled. Mr. Bowman answered that he isn't sure whether the City is going to do a fall cleanup or if they will do a sprir,o cleanup instead. Mr. Bowman said that he would check into the matter and let Mr. Kirschner know what he finds out. R-7-87 CITY OF EDMONDS PREANNEXATION ZONING REQUEST TO ZONE THE DENNY'S RESTAURANT AT 8431 244TH STREET SOUTHWEST FROM GC TO CG UPON ANNEXATION TO THE CITY OF EDMONDS. Mr. Bowman pointed out that eventually, Arby's Roast Beef will request annexation to the City, also. The policy of the City is to zone the area upon annexation to the City to that zoning most comparable to what it was previously zoned in the County. Because of this, Mr. Bowman suggested that the Board recou end that the City Council approve the preannexation zoning request and include the Arby's Roast Beef property. That would take care of the zoning issue when the Arby's property decides to annex. Mr. Borman said that Arby's is planning a new expansion and remodeling within the next two years. Mr. Bowman spoke to the owner about the preannexation zoning and asked if they had any objections to being included at this time. Mr. Bowman received a letter from the owner that states that they do not object to a preannexation zoning. Mr. Bowman said that if the Board decides to accept this addition, he could set a public hearing before the Council to include that lot, also. Mr. Bowman then reviewed the staff report for the Board's review. Woody Wells, 1325 Northwest 200th Street, Seattle, said that he just put down earnest money on the property adjacent to Arby's and Denny's. How will this preannexation affect him? Mr. Bowman answered that this request will not change the use of the property. If the use of the property changes, it will be used for some other commercial use. The zoning is similar to what it is currently zoned within the County. If anything, Mr. Bowman felt that the County zoning is more lenient than Edmonds. Mr. Wells asked if a decision could be postponed for a few weeks to give him a chance to review the request and decide if it is in his best interest. Ms. Claussen said that she would hesitate to postpone a decision because it has been advertised as a public hearing and because it really won't change the use of the property and won't affect Mr. Wells' property any differently than it currently does. Mr. Wells asked if this was a request by the City of Edmonds. Mr. Bowman explained that the annexation request is from the owner's of Denny's Restaurant, and the City is requesting a preannexation zoning. Mr. Bow:,an agreed that it was not necessary to postpone this discussion because the Planning Board will only be making a recormendation to the City Council. The Board does not make the final decision. Mr. Fells will have another opportunity to express his views on this issue at the City Council Meeting. PLANNING BOARD MINUTES. - D,.... 9 u.........1...- 9C t nc,7 Mr. Nordquis: asked Mr. wells if there was something that he knows about where this preznnexation zoning would adversely affect his property. Mr. Fells said that he hasn't had time to determine whether it would or not. The Board assured Mr. Wells that this preannexation zoning would not affect him and would not allow the property to change uses any more than it currently would be allowed in the County zoning. Mr. Bowman ;hen explained the process of how Mr. Wells could go about getting his property annexed to the City. Greg West, 24216 78th Place, is the General Manager of Denny's Restaurant. Mr. West asked if this zoning chance would affect anything that is on.his property at the present time, for instance, the sicr.s. Mr. Bowman replied that their signs would be grandfathered into the City. If the restaurant were to change their signs, they would have to meet the City's.Codes. Mr. Nordquist asked what changes need to be made to the request to include Arby's in the preannexation request. Mr. Bowman said that the Board should make a motion to the City Council. Mr. Bowman would make a new SEPA determination and then advertise the City Council's discussior as a public hearing. it would not create any additional hearings for the Planning Board. Mr. Kirschner asked if the staff recomr,endations would change if the Arby's property was added. Mr. BoF,amar, responded that it wouldn't change the staff's recommendation at all. MR. NORDQUiST MOVED, SECONDED BY MS. PHILLIPS, THAT THE PLANNING BOARD RECOMMEND THE CITY COUNCIL APPROVE FILE NUMBER R-7-87 PREANNEXATION REQUEST TO INCLUDE THE ARBY'S PROPERTY AS WELL. MOTION CARRIED, CDC-4-87 CITY OF EDMONDS PROPOSED REVISIONS TO CHAPTER 17.40.020 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE REVISING THE REGULATIONS GOVERNING IMPROVEMENTS TO NONCONFORMING BUILDINGS. Mr. Bowan reiminded the Board that at the last meeting, they requested that he redraft the proposed regulations governing nonconforming buildings. Since the last meeting and after listening to the public testimony and Board's suggestions, Mr. Bowman has reexamined the prcposed section. Mr. Bow„.an pointed out that the Board at the last meeting accepted the purpose statement under section 17.40.000, which states... "The purpose for this chapter is to allow certain nnnconforraing...buildings... to continue while prohibiting further nonconformity." Mr. Bowman expressed his opinion that if the Board's agrees with this purpose statement, they must allow any improvements to a nonconforming building that do not expand the nonconformity without any review. Mr. Bowman pointed out that if the Board's agrees with the purpose statement, then Subsection Four under Maintenance and Alterations needs to be removed. Mr. Bowman felt that this subsection and the purpose statement conflict and he didn't see how they could realistically work together. Mr. Bow —.an stated that if the Board feels that this subsection is important, they should change the purpose statement. If the Board agrees with the purpose section, they should just allow improvements as long as the nonconformity is not expanded. Mr. Bowman then pointed out some suggestions that Ms. Block had on the revision which follow: Section B: Change to read, "...any way which would increase the nonconforming area." or is of historical significance to the City of Edmonds." Section E: Add at the end, "... Section H: Ms. Block suggested that the Board carefully consider the regulations in regard to restoration of a building. Mr. Bowman gave an example of a person whose house was burned down and they are rebuilding it. Mr. Bowman felt that the Board should look carefully at this issue. Under the current Code, it can be rebuilt in its exact location to its current dimensional characteristics. The proposed revisions would prohibit it from being rebuilt. PLANNING BOARD MINUTES• 130 VICINITY MAP EXHIBIT 3 R - 7 - 8 7 S. W. 'A'C TEL j 24 o A;ICOND. C 34-1 RA E DM.ONDS'. 0) E t�E�R Y 0 -4 _Z_ F cl 28 -UNIT A, PHASE 2 0 'A CO�DOMIMUM G A A SECONO AMENDMENT 2 4 4 T H S T_ Si w A r o EXHIBIT 4 AUDIENri Mayor Naughten opened the audience portion of the meeting. Jeff Palmer, i7510 - 76th Ave. W., Chairman of the Edmonds Planning Board, reported that the ` special Planninc Board meeting held on January 24 was well attended and very constructive. He 1 L4�17 said he believed that the successes that the Board achieved in that meeting in combination with the outcome of the Council retreat will greatly benefit the City. Councilmember Dwyer inquired if the Board discussed the issue of how often it should meet with the Council. Mr. Palmer said members of the Board will be present next week when the Council discussed that issue. Natalie Shipper,. 1022 Euclid, said she has heard the Council will be pressured to reconsider their decisior on the 208th Street Urban Arterial Board project. She requested that if the Council reconsiders their decision, a public hearing is scheduled upon the condition that the Lynnwood City Council also review the issue subsequent to the Council's meeting so that Lynnwood will grasp an understanding of how some Edmonds citizens feel about cooperation on the part of the City. � � r PRESENTATION 0= COMPIENDATIONS TO JIM AND ADAH BUTCHART AND BILL O'BRIEN Chaplain Ken Gaydos presented a brief video of a local news report regarding the incident which saved the life of Daniel Ito. �j. -2 Chaplain Gaydos introduced Jim and Adah Butchart and Bill O'Brien. Mayo- Naughten read the commendation into the record recognizing the life-saving efforts of Jim and Adah Butchart and Bill O'Brien when acting quickly and administering CPR to two -and -a - half yLar old Daniel Ito due to a drowning incident. Mayor Naughten presented the commendation to Mr. & Mrs. Butchart and Mr. O'Brien. Chaplain Gaydos introduced Bob, Nancy, and Daniel Ito. Mayor Naughten presented Daniel with a replica of a ferry boat, noting its use was only for the bathtub. RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS Mayor Naughten presented plaques in appreciation of past service to the following retiring Board members: Tom Snyder, Planning Board, 1985-1987; James Waymire, ADB, 1986-1987; Arne Wermus, Library Board, 1978-1987; Jeanne Stevens, Sister City Committee, 1986-1987; Youth Activities Board , 1986-1987: Janice Falls, Andy Espirito, Chris Bader, Kristi Dale, and Kathi Bodgan. Mr. Snyder, Ms. Stevens, and Ms. Wermus were present at the meeting. ON: PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND Planning Division Manager Mary Lou Block reported that the Planning Board held a public hearing on November 25, 1987 to consider preannexation zoning for the land where Arby's and Denny's Restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation pending on the Denny's property. Ms. Block said Planning Board recommends that the subject properties be designated CG (Gene- ral Commercial) upon annexation to the City. Ms. Block n, '—n that a copy of the Planning Board Findings and Recommendation, a vicinity map, and the Novemb- 25, 1987 Planning Board minutes were included in the Council packets. Ms. Block said two public hearings are required in order to establish preannexation zoning. Staff recommends that the Council accept the Planning Board recommendation and set March 15, 1988 as the second date to hear this matter. Ms. Block indicated the location of the property in question via a vicinity map. Councilmember Hertrich noted that the Planning Board minutes reflect that existing_ signs will be 9randfathe-ed. He inquired if that would h?]d true for the rotating sign on Arby's proper- tF. Ms. Bock-eplied affi`matively. She said any existing sign would be acceptable until such time that a proposal was presented to the City which sionificantly altered the building or other existing structures. Councilmember Hertrich noted that the Code prohibits rotating signs. City Attorney Scott Snyder said unless the City paid compensation for removal of the sign or utilized its nonconforming abatement procedure, the City must allow the sign to remain in place. He said the City's only option would be to adopt amortization schedules in order to phase signs out over a period of time. EDMONDS CITY COUNCIL MINUTES V.— 9 CCDDIIADV ' ,7 DOD Mayor Naughter, opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBEP. NOROQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE R-7-87 SUBJECT TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING BOARD. Councilmember Jaech inquired if the motion included the scheduling of a second hearing. Councilmember Nordquist replied affirma- tively. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINEP. DEC1S]ON PrGi=:U;NG SETBACK ADJUSTMENT AT 1104 - 12TH L AVE_ N. AP-20-871A?PELLANT: KEVIN SUYDAM v� Councilnember Hall said she received a telephone call from a citizen prior to the appeal request- ing her to view the subject property, which she did. She said she came in contact with another citizen after leaving the property and spoke to her very briefly. City Attorney Scott Snyder inquired if Councilmember Hall expressed any opinion regarding the outcome of the appeal. Coun- cilmember Hall replied negatively. Councilmember Hertrich said he was contacted by a citizen before the appeal was filed and dis- cussed the issue that is presently before the Council. Mr. Snyder inquired if Councilmember Hertrich served on the Council at the time of that discussion. Councilmember Hertrich replied negatively. Mr. Snyder inquired if Councilmember Hertrich had, in the past, retained the attor- ney representing some of the neighbors in the natter presently before the Council. Councilmember Hertrich said he had employed Derrill Bastian in connection with a different issue. Councilmember Wilson noted that Gertrude Domenici is a patient of his. Mayor Naughten said he spoke with Mrs. Domenici, Mrs. Ralston, and Kevin Suydam. Mr. Snyder inquired if Mayor Naughten expressed an opinion regarding the outcome of the appeal. Mayor Naughten replied negatively. At the advice of Mr. Snyder, Ma_vor Naughten inquired if anyone in the audience objected to the participation of any Councilmember. No objection was noted. Assistant City Planner Duane Bowman reported that Kevin Suydam obtained a building permit on August 26, 1987 for a single-family residence located at 1104 - 12th Ave. N. On September 9, 1987, Mr. Suydam submitted a revised plot plan for the building. It was necessary to process a setback adjustment in order to build the revised plan. Mr. Bowman said Staff issued a preliminary approval of the setback adjustment on September 23, 1987. Two appeals from neighbors were received. On October 29, a hearing before Staff was held and testimony taken. The neighbors objected to Mr. Suydam's request because of view blockage. Based on that testimony, Staff denied the setback adjustment. Mr. Bowman said Mr. Suydam appealed Staff's decision to the Hearing Examiner, and a public hearing was held on December 3, 1987. Based on evidence and testimony presented at that hearing, the Hearing Examiner denied the setback adjustment request. Mr. Suydam subsequently filed an appeal of the Hearing Examiner's decision. Mr. Bowman noted that the official file presented in the case had been available in the Council office. Mr. Bowman reviewed the location of the subject property on a vicinity map, as well as the pro- posed adjusted setback and building elevations. He noted that the proposed plan involved a revi- sion to allow a three -car garage with additional bedrooms located over the garage. Councilmember Hertrich inquired about the height of the building and how that height w2s calculat- ed. Mr. Bowman said the height is approximately one foot under the 25 foot limit and was calcu- lated on the smallest rectangle to fit around the structure. Mayor Naughten opened the public portion of the hearing. Mark McKenzie, general contractor, representing Mr. Suvdam, said his planned opening comments were similar to the Staff report. He requested that he be allowed to speal: following public testimony. Don Ralston, 19610 Maplewood Dr., said the variance would impact his view. He said he felt Mr. Suydam's opinion with respect to how his home would be impacted was unwarranted because Mr. Suydam had never seen his home. Mr. Ralston also expressed concern that the requested adjusted setback may have future impact on an easement located on his property. Mr. Ralston submitted a letter to the City Clerk (marked Exhibit 11) outlining his obiections to the variance, as well as a sketch of the structure in question. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 2, 1958 EXHIBIT 5 0006.02040 WSS504510 WSS/naa 02/10/88 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING PREANNEXATION ZONING AT CG (GENERAL COMMERCIAL) FOR CERTAIN REAL PROPERTY LOCATED ADJACENT AND CONTIGUOUS TO THE CITY OF EDMONDS ON THE NORTHWEST CORNER OF THE INTERSECTION OF 244TH STREET SOUTH WEST AND HIGHWAY 99 IN UNINCORPORATED SNOHOMISH COUNTY; AND ESTABLISH- ING AN EFFECTIVE DATE FOR SAID PREANNEXATION ZONING WHEREAS, the proposed property for initial preannexation zoning is comprised of two separate -tracts of land currently in commercial use and owned by separate corporate entities operating an Arby's and a Denny's restaurant, and WHEREAS, the tract of land owned by Denny's has made application to the City for annexation, and WHEREAS, the City reasonably anticipates that the Arby's tract will, at some time in the immediate future, request annexation to the City, and WHEREAS, the Planning Board after public hearing considered the establishment of preannexation zoning as an adjunct to the Official Zoning Map of the City of Edmonds and has made its favorable recommendation and findings for General Commercial zoning for the area and such recommendation has been forwarded to the City Council, and WHEREAS, the City Council, after two public hearings and having considered and reviewed the recommendation of its Planning Board, has now determined that the proposed zoning should be approved by an amendment to its Official Zoning Map, NOW, THEREFORE, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Official Zoning Map of the City of Edmonds, as adopted by section 17.00.010 of the ECDC is hereby amended by the establishment of preannexation zoning in the classification of CG (General Commercial) zone as the same exists by ordinance or is hereafter amended. The tract of land for which preannexation zoning is hereby established is located on the northwest corner of the intersection of 244th Street South West and Highway 99 in unincorporated Snohomish County and is legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendment to the Official Zoning Map of the City of Edmonds pursuant to this ordinance in order to establish and set forth preannexation zoning for these tracts of land. Section 3. This ordinance, being an exercise of the powers specifically delegated to the City's legislative body, is not subject to referendum and shall take effect five (5) days after its publication in the City's official newspaper. APPROVED: MAYOR, LARRY S. NAUGHTEN ATTEST/AUTHENTICATED: ITY CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: FILED WITH THE CITY CLERK: February 12, 1988 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. .f Affidavit of Publication FEB 18 1988 Edmonds City Clerk STATE OF WASHINGTON, ss COUNTY OF SNOH02vISH, 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 ------------------------- -.............. .NOTICE..OF. PUBLIC HEARING -------- .......... ..... .... .......... ........ ....... ....... ..-- ... ._....... 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: .FEBRUARY 14th,.•.1988 and that ?nesper was regularlydistributed to its subscribers during alnd. ................ �.......... C� Principal Clerk Subscribed and sworn to before me this...--_._15th 88 day of. ............. ...... ..._y 19x_.._. ►lie in and foa�'the State of Washington, Everett, Snohomish County. B-2-1 NOTICE OF PUBLIC HEARING EDMONDS CITY COUNCIL ALL INTERESTED PERSONS ARE HEREBY NOTIFIED THAT: THE 15TH DAY OF MARCH, 1988, HAS BEEN SET AS THE DATE FOR SECOND HEARING ON PLANNING BOARD RE- COMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 AND 8425 244TH ST. S.W (R-7-87/CITY OF EDMONDS), AND HEARING ON PROPOSED ORDINANCE ANNEXING DENNY'S RESTAURANT AT 8431 244TH ST. S.W. (AX-3-87) SAID CITY COUNCIL MEETING WILL BEGIN AT 7:00 P.M. IN THE PLAZA ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF THE ITEM IS CONTINUED TO ANOTHER DATE BECAUSE IT IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, DATE OF THE CONTINUATION WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE OFFICE OF THE CITY CLERK, 505 BELL STREET, EDMONDS, (PHONE 775-2525, EXTENSION 209). JACQUELINE G. PARRETT EDMONDS CITY CLERK POSTED: February 10, 1988 PUBLISHED: February 14, 1988 MAILED: February 10, 1988 THE REM( WARNING! OR CONCE THE DATE PUNISHAB THIS NOTICE MAY BE REMOVED AFTER: MARCH 15, AFFIDAVIT OF POSTING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Covay, first duly sworn, on oath deposes and says: That on the loth day of February,, 1988, she posted NOTICE OF SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 AND 8425 244TH ST. S.W. (R-7-87/CITY OF EDMONDS), AND HEARING ON PROPOSED ORDINANCE ANNEXING DENNY'S RESTAURANT AT 8431 244TH ST. S.W. (AX-3-87), more particularly described in said Notice of Hearing in three public places in the City of Edmonds. Posting was done in the following locations: 1. In the Edmonds Civic Center; 2. In the Edmonds Library; 3. In the United States Post Office branch in Edmonds. 4. In 3 conspicuous places in the area for which the hearing is being held, to wit as per attached map. t Susan Covay 4 SUBSCRIBED AND SWORN to before me this loth day of February, 1988. TA , - PUBLIC My Commission 199Ores My appointment expires: January _ 0.0 5 � S.W. 1 /4, -SEC. 31 T.27N., R.4 E.W.M. k k Z332S 234 �4 . I Z34 Y S T 23877' 9 v.1w,r frio! O � fj VR �i � YrCLACr n AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Covay, being first duly sworn, upon oath deposes and says: That on the loth day of February, 1988 she had placed in the United States mail the NOTICE OF SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8431 AND 8425 244TH ST. S.W. (R-7-87/CITY OF EDMONDS), AND HEARING ON PROPOSED ORDINANCE ANNEXING DENNY'S RESTAURANT AT 8431 244TH ST. S.W. (AX-3-87), addressed to those named on attached mailing list. Susan Covay SUBSCRIBED AND SWORN to before me this loth day of February, 1988. My Commission 1��pOrres My appointment expires: January Beye Realty Corp. Olympic View Water District Aurora Division 23725 Edmonds Way 1932 132nd Ave. N.E. Edmonds, WA 98020 Bellevue, WA 98005 Denny's Inc. King County Planning 14256 East Firestone Blvd. 700 Alaska Building LaMirada, CA 90637 618 Second Avenue Seattle, WA 98104 R. Gursli #0115000138 Snohomish County Planning C/o Family Savings & Loan County Administration Bldg. 1100 Aurora Village Plaza N. Everett, WA 98201 Seattle, WA 98133 Willard & Ruth Eakle 8.515 244th St. S.W. Edmonds, WA 98020 0 Margaret Woiven 24110- 84th Ave. W. Edmonds, WA 98020 Denny's Restaurant 8431 244th St. S.W. Edmonds, WA 98020 Arby's Restaurant `. 8431 244th St. S.W. <: Edmonds, WA 98020 Resident 8509 244th St. S.W. Edmonds, WA 98020 Resident 8512 242nd St. S.W. Edmonds, WA 98020 AUDIENCE Mayor Naughten opened the audience portion of the meeting. Jeff Palmer, 17510 - 76th Ave. W., Chairman of the Edmonds Planning Board, reported that the special Planning Board meeting held on January 24 was well attended and very constructive. He said he believed that the successes that the Board achieved in that meeting in combination with the outcome of the Council retreat will greatly benefit the City. Councilmember Dwyer inquired if the Board discussed the issue of how often it should meet with the Council. Mr. Palmer said members of the Board will be present next week when the Council discussed that issue. Natalie Shippen, 1022 Euclid, said she has heard the Council will be pressured to reconsider their decision on the 208th Street Urban Arterial Board project. She requested that if the D Council reconsiders their decision, a public hearing is scheduled upon the condition that the Lynnwood City Council also review the issue subsequent to the Council's meeting so that Lynnwood will grasp an understanding of how some Edmonds citizens feel about cooperation on the part of the City. PR SENTATION OF COMMENDATIONS TO JIM AND ADAH BUTCHART AND BILL O'BRIEN Chaplain Ken Gaydos presented a brief video of a local news report regarding the incident which saved the life of Daniel Ito. Chaplain Gaydos introduced Jim and Adah Butchart and Bill O'Brien. Mayor Naughten read the commendation into the record recognizing the life-saving efforts of Jim and Adah Butchart and Bill O'Brien when acting quickly and administering CPR to two -and -a - half year old Daniel Ito due to a drowning incident. Mayor Naughten presented the commendation to Mr. & Mrs. Butchart and Mr. O'Brien. Chaplain Gaydos introduced Bob, Nancy, and Daniel Ito. Mayor Naughten presented Daniel with a replica of a ferry boat, noting its use was only for the bathtub. RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS Mayor Naughten presented plaques in appreciation of past service to the following retiring Board w.,) members: Tom Snyder, Planning Board, 1985-1987; James Waymire, ADB, 1986-1987; Anne Wermus, Library Board, 1978-1987; Joanne Stevens, Sister City Committee, 1986-1987; Youth Activities Board , 1986-1987: Janice Falls, Andy Espirito, Chris Bader, Kristi Dale, and Kathi Bodgan. Mr. Snyder, Ms. Stevens, and Ms. Wermus were present at the meeting. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY S RESTAURANTS AT 8425 and 8431 - 244TH ST. S.W. R-7-87/CITY OF EDMONDS Planning Division Manager Mary Lou Block reported that the Planning Board held a public hearing on November 25, 1987 to consider preannexation zoning for the land where Arby's and Denny's Restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation pending on the Denny's property. Ms. Block said the Planning Board recommends that the subject properties be designated CG (Gene- ral Commercial) upon annexation to the City. Ms. Block noted that a copy of the Planning Board Findings and Recommendation, a vicinity map, and the November 25, 1987 Planning Board minutes were included in the Council packets. Ms. Block said two public hearings are required in order to establish preannexation zoning. Staff recommends that the Council accept the Planning Board recommendation and set March 15, 1988 as the second date to hear this matter. Ms. Block indicated the location of the property in question via a vicinity map. Councilmember Hertrich noted that the Planning Board minutes reflect that existing signs will be grandfathered. He inquired if that would hold true for the rotating sign on Arby's proper- ty. Ms. Block replied affirmatively. She said any existing sign would be acceptable until such time that a proposal was presented to the City which significantly altered the building or other existing structures. Councilmember Hertrich noted that the Code prohibits rotating signs. City Attorney Scott Snyder said unless the City paid compensation for removal of the sign or utilized its nonconforming abatement procedure, the City must allow the sign to remain in place. He said the City's only option would be to adopt amortization schedules in order to phase signs out over a period of time. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 2, 1988 Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE R-7-87 SUBJECT TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING BOARD. Councilmember Jaech inquired if the motion included the scheduling of a second hearing. Councilmember Nordquist replied affirma- tively. MOTION CARRIED. �! HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING SETBACK ADJUSTMENT AT 1104 - 12TH AVE. N. AP-20-87/APPELLANT: KEVIN SUYDAM Councilmember Hall said she received a telephone call from a citizen prior to the appeal request- ing her to view the subject property, which she did. She said she came in contact with another citizen after leaving the property and spoke to her very briefly. City Attorney Scott Snyder inquired if Councilmember Hall expressed any opinion regarding the outcome of the appeal. Coun- cilmember Hall replied negatively. Councilmember Hertrich said he was contacted by a citizen before the appeal was filed and dis- cussed the issue that is presently before the Council. Mr. Snyder inquired if Councilmember Hertrich served on the Council at the time of that discussion. Councilmember Hertrich replied negatively. Mr. Snyder inquired if Councilmember Hertrich had, in the past, retained the attor- ney representing some of the neighbors in the matter presently before the Council. Councilmember Hertrich said he had employed Derrill Bastian in connection with a different issue. Councilmember Wilson noted that Gertrude Domenici is a patient of his. Mayor Naughten said he spoke with Mrs. Domenici, Mrs. Ralston, and Kevin Suydam. Mr. Snyder inquired if Mayor Naughten expressed an opinion regarding the outcome of the appeal. Mayor Naughten replied negatively. At the advice of Mr. Snyder, Mayor Naughten inquired if anyone in the audience objected to the participation of any Councilmember. No objection was noted. Assistant City Planner Duane Bowman reported that Kevin Suydam obtained a building permit on August 26, 1987 for a single-family residence located at 1104 - 12th Ave. N. On September 9, 1987, Mr. Suydam submitted a revised plot plan for the building. It was necessary to process a setback adjustment in order to build the revised plan. Mr. Bowman said Staff issued a preliminary approval of the setback adjustment on September 23, 1987. Two appeals from neighbors were received. On October 29, a hearing before Staff was held and testimony taken. The neighbors objected to Mr. Suydam's request because of view blockage. Based on that testimony, Staff denied the setback adjustment. Mr. Bowman said Mr. Suydam appealed Staff's decision to the Hearing Examiner, and a public hearing was held on December 3, 1987. Based on evidence and testimony presented at that hearing, the Hearing Examiner denied the setback adjustment request. Mr. Suydam subsequently filed an appeal of the Hearing Examiner's decision. Mr. Bowman noted that the official file presented in the case had been available in the Council office. Mr. Bowman reviewed the location of the subject property on a vicinity map, as well as the pro- posed adjusted setback and building elevations. He noted that the proposed plan involved a revi- sion to allow a three -car garage with additional bedrooms located over the garage. Councilmember Hertrich inquired about the height of the building and how that height was calculat- ed. Mr. Bowman said the height is approximately one foot under the 25 foot limit and was calcu- lated on the smallest rectangle to fit around the structure. Mayor Naughten opened the public portion of the hearing. Mark McKenzie, general contractor, representing Mr. Suydam, said his planned opening comments were similar to the Staff report. He requested that he be allowed to speak following public testimony. Don Ralston, 19810 Maplewood Dr., said the variance would impact his view. He said he felt Mr. Suydam's opinion with respect to how his home would be impacted was unwarranted because Mr. Suydam had never seen his home. Mr. Ralston also expressed concern that the requested adjusted setback may have future impact on an easement located on his property. Mr. Ralston submitted a letter to the City Clerk (marked Exhibit #1) outlining his objections to the variance, as well as a sketch of the structure in question. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 2, 1988 EDMONDS CITY COUNCIL AGENDA MEMO Item number: Originator: Planning Division For Action: X For Information: SUBJECT: HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY"S RESTAURANTS AT 8425 AND 8431 244TH ST. S.W. (R-7-87/CITY OF EDMONDS) AGENDA TIME: 10 Minutes AGENDA DATE: February 2, 1988 EXHIBITS ATTACHED: 1. Planning Board Recommendation 2. Planning Board Minutes 11/27/87 3. Vicinity Map Clearances: Dept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES f"f ENGINEERING PARKS & RECREATION PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $0 REQUIRED: $0 HISTORY AND SUMMARY STATEMENT: On November 25, 1987, the Planning Board held a public hearing to consider preannexation zoning for the land where the Arby's and Denny's restaurants are located on the corner of 244th St. S.W. and Highway 99. There is an annexation currently pending on the Denny's property. The Planning Board recommends that the subject properties be designated CG (General Commercial) upon annexation to the City of Edmonds. Attached is a copy of the Planning Board findings and recommendation, the minutes from the November 25, 1987 meeting, and a vicinity map. RECOMMENDED ACTION: Two public hearings are required in order to establish preannexation zoning. Staff recommends that the Council accept the Planning Board recommendation and set March 15, 1988 as the second date to hear this N' matter. DENNYS2/COUNCIL FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF EDMONDS REZONE CITY OF EDMONDS FILE: #R-7-87 After notification in conformance with law, the Planning Board of the City of Edmonds conducted a public hearing on November 25, 1987 on the rezone application of the the City of Edmonds. The applicant has requested approval of a proposal to establish preannexation zoning for the Denny's and Arby's restaurants at 8425 & 8431 244th St. S.W. The proposed zoning for the area upon annexation would be CG (General Commercial). Based upon the evidence presented thereat, the Planning Board makes the following findings of fact: FINDINGS OF FACT I. The rezone area is located on the northwest corner of the intersection of 244th St. S.W. and Highway 99. Two restaurants, Arby's and Denny's, are located within the subject area. 2. The area is bordered by commercial development to the south and east; a mixture of multiple family and single family residential to the north and west. 3. A determination of nonsignificance has been issued by the City on the rezone request. 4. The subject property is designated by the Comprehensive Plan Map as Highway 99 Commercial Area. The proposed zoning would not conflict with the Comprehensive Plan. 5. No opposition was expressed by surrounding property owners. 6. At least one petition has been received by the City to annex a portion of the subject area. 7. The proposed zoning is consistent with the current zoning designation of GC (General Commercial) in Snohomish County. 8. The proposed zoning will not conflict with the current commercial land uses found in the subject area. CONCLUSIONS OF LAW 1. The proposed zoning conforms to the Comprehensive Plan map of the City of Edmonds. Planning Board -ommendation _°age 2 #R-7-87 - 2. Serious interest has been expressed to annex the subject area into the City of Edmonds. 3. No significant adverse environmental impact will result from the rezone request. 4. It is important to establish proper zoning for the area prior to annexation. 5. The proposed zoning will benefit the public by establishing proper zoning for the subject area upon annexation to the City of Edmonds. RECOMMENDATION TO THE CITY COUNCIL The Planning Board of the City of Edmonds recommends to the City Council that Application R-7-87 be approved. This recommendation was passed unanimously by the Planning Board PASSED the 25th day of November, 1987. FS LMER, CHAIR M PLANNING BOARD PBRECR7/TXTDVB51 Mr. Bowman said that the big problem is, "How do you enforce the law?" The peak I of wood stove use are between 6 p.m. and 6 a.m. Mr. Bowman felt that the Board needs to discuss this, and it is important that this discussion take place at the December 9 meeting before the state laws becomes effective. Mr. Bowman also felt that the Council needs to hear the presentation from the Puget Air Quality Board so that they can see where the problems are. Mr. Lewis said that while attending a Port meeting, he was informed that the Department of Ecology had received a letter from someone within the City who was unhappy about the closure of the gates at the Port. The Port Commissioners were upset about this letter being sent to the Department of Ecology before that person discussed the problem with thew. Mr. Lewis stated that this has created a lot of new tension with the Port and could make ther:. difficult to work. with. Mr. Lewis asked about the Real Estate sign on Dayton Street. Mr. Lewis felt that this Sion has been there beyond its allowable time and should be investigated. Mr. Bowman said that he would check into the situation. Ms. Claussen said that if the Sign Code is ever reviewed again, they should consider the length of time that a real estate sign can remain on display. Mr. Kirschner asked when the fall City cleanup was scheduled. Mr. Bowman answered that he isn't sure whether the City is going to do a fall cleanup or if they will do a spring cleanup instead. Mr. Bowman said that he would check into the matter and let Mr. Ki he finds out. rschner know what - I R-7-81 CITY OF EDMONDS PREANNEXATION ZONING REQUEST TO ZONE THE DENNY'S RESTAURANT AT 8431 244TH STREET SOUTHWEST FROM GC TO CG UPON ANNEXATION TO THE CITY OF EDMONDS. Mr. Bowman pointed out that eventually, Arby's Roast Beef will request annexation to the City, also. The policy of the City is to zone the area upon annexation to the City to that zoning most comparable to what it was previously zoned in the County. Because of this, Mr. Bowman suggested that the Board recommend that the City Council approve the preannexation zoning request and include the Arby's Roast Beef property. That would take care of the zoning issue when the Arby's property decides to annex. Mr. Bowman said that Arby's is planning a new -expansion and remodeling within the next two years. Mr. Bowman spoke to the owner about the preannexation zoning and asked if they had any objections to being included at this time. Mr. Bowman received a letter from the owner that states that they do not object to a preannexation zoning. Mr. Bowman said that if the Board decides to accept this addition, he could set a public hearing before the Council to include that lot, also. Mr. Bowman then reviewed the staff report for the Board's review. Woody Wells, 1325 Northwest 200th Street, Seattle, said that he just put down earnest money on the property adjacent to Arby's and Denny's. How will this preannexation affect him? Mr. Bowman answered that this request will not change the use of the property. If the use of the property changes, it will be used for some other co,.7ercial use. The zoning is similar to what it is currently zoned within the County. If anything, Mr. Bowman felt that the County zoning is more lenient than Edmonds. Mr. Wells asked if a decision could be postponed for a few weeks to give him a chance to review the request and decide if it is in his best interest. Ms. Claussen said that she would hesitate to postpone a decision because it has been advertised as a public hearing and because it really won't change the use of the property and won't affect Mr. Wells' property any differently than it currently does. Mr. Wells asked if this was a request by the City of Edmonds. Mr. Bowman explained that the annexation request is from the owner's of Denny's Restaurant, and the City is requesting a preannexation zoning. Mr. Bo+,nan agreed that it was not necessary to postpone this discussion because the Planning Board will only be making a recommendation to the City Council. The Board does not rake the final decision. Mr. Wells will have another opportunity to express his views on this issue at the City Council Meeting. PLANNING BOARD MINUTES. - Paqe 2. November 25. 1987 Mr. Nordquist asked Mr. Wells if there was something that he knows about where this preannexation zoning would adversely affect his property. Mr. Wells said that he hasn't had time to determine whether it would or not. The Board assured Mr. Wells that this preannexation zoning would not affect him and would not allow the property to change uses any more than it currently would be allowed in the County zoning. Mr. Bowman then explained the process of how Mr. Wells could go about getting his property annexed to the City. Greg West, 24218 78th Place, is the General Manager of Denny's Restaurant. Mr. West asked if this zoning change would affect anything that is on his property at the present time, for instance, the sions. Mr. Bowman replied that their signs would be grandfathered into the City. If the restaurant were to change their signs, they would have to meet the City's.Codes. Mr. Nordquist asked what changes need to be made to the request to include Arby's in the preannexation reoLrest. Mr. Bowman said that the Board should make a motion to the City Council. Mr. Bow-nan would make a new SEPA determination and then advertise the City Council's discussion as a D blic hearing. It would not create any additional hearings for the Planning Board. Mr. Kirschner asked if the staff recommendations would change if the Arby's property was added. Mr. Bowman responded that it wouldn't change the staff's recommendation at all. MR. NORDQUIST MOVED, SECONDED BY MS. PHILLIPS, THAT THE PLANNING BOARD RECOMMEND THE CITY COUNCIL APPROVE FILE NUMBER R-7-87 PP.EANNEXATION REQUEST TO INCLUDE THE ARBY'S PROPERTY AS WELL. MOTION CARRIED. CDC-4-87 CITY OF EDMONDS PROPOSED REVISIONS TO CHAPTER 17.40.020 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE REVISING THE REGULATIONS GOVERNING IMPROVEMENTS TO NONCONFORMING BUILDINGS. Mr. Bow-nan reminded the Board that at the last meeting, they requested that he redraft the proposed regulations governing nonconforming buildings. Since the last meeting and after listening to the public testimony and Board's suggestions, Mr. Bowman has reexamined the proposed section. Mr. Bow„.an pointed out that the Board at the last meeting accepted the purpose statement under section 17.40.000, which states... "The purpose for this chapter is to allow certain nonconsors:ing...buildincs... to continue while prohibiting further nonconformity." Mr. Bowman expressed his opinion that if the Board's agrees with this purpose statement, they must allow any improvements to a nonconforming building that do not expand the nonconformity without any review. Mr. Bowman pointed out that if the Board's agrees with the purpose statement, then Subsection Four under Maintenance and Alterations needs to be removed. Mr. Bowman felt that this subsection and the purpose statement conflict and he didn't see how they could realistically work together. Mr. Bowman stated that if the Board feels that this subsection is important, they should change the purpose statement. If the Board agrees with the purpose section, they should just allow improvements as long as the nonconformity is not expanded. Mr. Bowman then pointed out some suggestions that Ms. Block had on the revision which follow: Section B: Change to read, "...any way which would increase the nonconforming area." Section E: Add at the end, "... or is of historical significance to the City of Edmonds." Section H: Ms. Block suggested that the Board carefully consider the regulations in regard to restoration of a building. Mr. Bo*r.,an gave an example of a person ,nose house was burned down and they are rebuilding it. Mr. Bowman felt that the Board shouid look carefully at this issue. Under the current Code, it can be rebuilt in its exact location to its current dimensional characteristics. The proposed revisions would prohibit it from being rebuilt. PLANNING BOARD MINUTES• VICINITY MAP R - 7 - 8 7 S.W. J. L o 24 2,; o ND. 2CO R A E DMQNDS G E�ENER- 0 -Z E2 8 - u A I-T.S..-. - PHASE 2 • I----1150� � ';��.113a, F�'T� �• �4�Alr � ' A / ti ��_"11..�� , L 0 T �A'CO�H'DOMINIUM L 0 G A N A SECOND AMENDMENT D 130 2 4 4 T H S Ll -'U U::A L,H Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, 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 ........................................ NOTICE OF_ PUBLIC_,E EARCIVG..--.............................:.w:............ :............. _......... 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: 7........ ......... --- .......... •-••--.•..•.••..•.-................................... and that said news pe was regularly distributed to its subscribers during all of s ' eri d. % Principal Clerk Subscribed and sworn to before me this ..... ...1,8Lh........... day of ........... ...... --.JANUARY.............. ................. 119--9 Not blie in and fpr the State of Washington, residing it Everett, Snohomish County. r B-2-1 NOTICE OF PUBLIC HEARING EDMONDS CITY COUNCIL ALL INTERESTED PERSONS ARE HEREBY NOTIFIED THAT: THE 2ND DAY OF FEBRUARY, 1988 HAS BEEN SET AS THE DATE FOR HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8425 AND 8431 244TH ST. S.W. (R-7-87/CITY OF EDMONDS) SAID CITY COUNCIL MEETING WILL BEGIN AT 7:00 P.M. IN THE PLAZA ROOM, LIBRARY BUILDING, 650 MAIN STREET, EDMONDS, WASHINGTON. IF THE ITEM IS CONTINUED TO ANOTHER DATE BECAUSE IT IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, DATE OF THE CONTINUATION WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE OFFICE OF THE CITY CLERK, 505 BELL STREET, EDMONDS, (PHONE 775-2525, EXTENSION 209). JACQUELINE G. PARRETT EDMONDS CITY CLERK POSTED: January 13, 1988 PUBLISHED: January 17, 1988 MAILED: January 13, 1988 THE REMOVAL, MUTILATION, DESTRUCTION, WARNING! OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE OF THE MEETING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. THIS NOTICE MAY BE REMOVED AFTER: FEBRUARY 2, 1988 AFFIDAVIT OF POSTING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Covay, first duly sworn, on oath deposes and says: that on the 13th day of January, 1988, she posted NOTICE OF HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8425 AND 8431 244TH ST. S.W. (R-7-87/CITY OF EDMONDS), more particularly described in said Notice of Hearing in three public places in the City of Edmonds. Posting was done in the following locations: 1. In the Edmonds Civic Center; 2. In the Edmonds Library; 3. In the United States Post Office branch in Edmonds. 4. In 3 conspicuous places in the area for which the hearing is being held, to wit as per attached map. _��a Susan oovay `l SUBSCRIBED AND SWORN to before me this 13th day of January, 1988. F -KOTAP PUBLIC Tres MY Gommissian ExP My appointment expires: ua �5, 1990 _ 23317 -SEC. 31 T.27N., R.4 E.W.M. 0.05 1332E 23405 23325 23469 ` A f 2-34-r TT 13411 23103 1341f 23109 [ 13423 23115' 23129 N 1lS07 3Pf 3509 2:328 zz 236 P p o 0 ST. 0 ti o _ 2Xc19 v► 362 3{2i N �o R Z f Q 13'721 o q � 01 238r" o o S.W ST. 3 .T 203ce- k4? s . i . PA.t r�.riaF AUACAA VILLA • j A T� AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Susan Covay, being first duly sworn, upon oath deposes and says: That on the 13th day of January, 1988 she had placed in the United States mail the NOTICE OF HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR DENNY'S AND ARBY'S RESTAURANTS AT 8425 AND 8431 244TH ST. S.W. (R-7-87/CITY OF EDMONDS), addressed to those named on attached mailing list. Susan Govay SUBSCRIBED AND SWORN to before me this 13th day of January, 1988. My appointment expires: My Commission txpires January 25, 1990 Beye Realty Corp. Aurora Division 1932 132nd Ave. N.E. Bellevue, WA 98005 Denny's Inc. 14256 East Firestone Blvd La Mirada, CA 90637 R. Gursli #0115000138 c/o Family Savings & Loan 1100 Aurora VillAGE Plaza N. Seattle, WA 98133 Willard & Ruth Eakle 8515 244th St. S.W. Edmonds, WA 98020 Margret Wolven 24110 84th Ave. W. Edmonds, WA 98020 Denny's Restaurant 8431 244th St. S.W. Edmonds, WA 98020 Arby's Restaurant 8431 244th St. S.W. Edmonds, WA 98020 Resident 8509 244th St. S:W. Edmonds, WA 98020 Resident 8512 242nd St. S.W. Edmonds, WA 98020 Olympic View Water District 23725 Edmonds Way Edmonds, WA 98020 King County Planning 700 Alaska Building 618 Second Avenue Seattle, WA 98104 Snohomish County Planning County Administration Bldg. Everett, WA 98201 "Good Neighbor Award" because of the store's active contributions to the community. He submitted the letter to Staff. Councilmember Jaech noted that adjacent merchants have allowed their grounds to deteriorate but Olson's has retained a landscape designer to maintain its grounds. She said the flower arrange- ments were outstanding. Paul Bushee, 716 Daley Place, said his property is flooded every year during the rainy season. He inquired what the Council intended to do about Shell Creek. Councilmember Hall noted that Item #7 on the agenda, Discussion on Shell Creek/Chase Lake Subbasin Studies, would address most, if not all, of his concerns. She suggested that he contact the City at a later date if he still had questions. Community Services Director Peter Hahn stated that a second presentation will be made on October 20th regarding the Shell Creek/Chase Lake Subbasin Studies. ,(,,^etalie Shippen, 1022 Euclid, recalled discussion of the HUD Block Grant issue in the recent past iin which mention was made that residents of Edmonds that live on 208th would be required to par- ticnqipate in costs to improve 208th Street if Lynnwood elected to commence that project. She iuired what the term "required" meant. City Attorney Scott Snyder said he has not been in- volved in that transaction but would be happy to review the paperwork if the Council desired. V�j� Community Services Director Peter Hahn said the City of Edmonds has not entered into an agreement N with the City of Lynnwood. He said, however, if an appropriate percentage of owners of the as- '(/sessed valuation bordering the proposed improvement elected to engage in the project, then the City of Edmonds would probably be requested to participate in the costs of the project as an LID process. Ms. Shippen inquired if the City of Lynnwood could automatically require Edmonds to participate. Mr. Snyder said participation of both cities would require joint action by both city councils. Ms. Shippen said she did not believe it would be just if indigent residents of Edmonds were re- quired to participate in the costs to improve 208th if Lynnwood proceeded with UAB funds. She requested the Council to pursue that issue. Ms. Shippen questioned the appropriation and expenditure of certain funds in the 1987 budget. Gv`.A„yJShe inquired why monies were expended to install a corner park at Westgate without Council author- ization and why projects that were authorized by the Council have not yet been completed. Mr. Hahn noted that Staff recently apprised the public that the corner park at Walnut will be complet- ed in October. He said the corner park at Westgate was funded from a different source than the funding that was allocated by the Council to commence the projects that it authorized and at a cost of less than $1,000. Mr. Hahn stated that a committee was formed to address the improve- ments at Westgate subsequent to the 1987 budget process, and the committee made a recommendation in the middle of the year to commence those projects. He added that Administration has conducted itself in an appropriate manner and in accordance with Council directives. Shippen said she requested in the recent past that $30,000 be earmarked for downtown improve- ments. She said she was hopeful that a recommended project to the downtown area, which will cost 510,000, is not considered as part of the $30,000 requested improvements. Pat Meeker, 22711 - 96th Ave. W., President of the Board of Commissioners of Olympic View Water District (OVWD), announced that the District was recently selected as "District of the Year" by the Washington State Association of Water and Waste Water Districts, and OVWD's manager was se- lected as "Manager of the Year". D Ms. Meeker said the District received a letter from Mayor Naughten requesting it to make a final decision with respect to the Memorandum of Understanding (MOU) in connection with the secondary 4 wastewater treatment plant in the near future. She said unfortunately one of the District's 1 Commissioners is out of town and a decision by the full Board cannot be made until October 19, 1987. Ms. Meeker said, however, Mayor Naughten indicated that a decision on October 19 was amena- )\A ble to the City. In addition, Ms. Meeker said it is the Board's understanding that the issues n„aaddressed in the District's side letter to the MOU are subject to good faith negotiations in the JgA-")pfinal agreement. She said if the District could be assured that those two issues were agreeable with the City Council, then the District would be able to render a decision on October 19. Mr. Hahn said the issues of the side letter were negotiable in the final agreement. Mayor Pro Tem Wilson closed the audience portion of the meeting. ,n i�,) MEETING WITH PETITIONERS REGARDING DENNY'S ANNEXATION A tPlannina Division Manager Mary Lou Block reported that the City has received a 10% petition seek- ing to annex the Denny's Restaurant property at 8431 - 244th St. S.W. into the corporate limits of the City of Edmonds. EDMONDS CITY COUNCIL MINUTES Page 2 OCTOBER 6, 1987 Ms. Block said there are three questions which must be addressed with each annexation request. They are: 1) whether to accept the annexation; 2) whether to adopt simultaneous zoning regula- tions; and 3) whether or not assumption of the indebtedness will be required. Ms. Block said the proposed annexation area poses no significant service problems for utilities or streets. Ms. Block said it is the recommendation of Staff that this area be annexed; that simultaneous zoning be established; and that the area assume the indebtedness of the City of Edmonds. The City Attorney will provide the form of the motion requiring the assumption of indebtedness. Councilmember Nordquist inquired what percentage of the Denny's property was located within the corporate limits of Edmonds. Ms. Block replied only a small portion of the parking lot. Councilmember Hall said she was whole-heartedly in favor of the proposed annexation, and she welcomed Denny's to the City of Edmonds. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADOPT THE RECOMMENDATION OF STAFF TO ANNEX THE AREA; THAT SIMULTANEOUS ZONING BE ESTABLISHED; THAT THE AREA ASSUME THE INDEBTEDNESS OF THE CITY OF EDMONDS; AND REQUEST THE CITY ATTORNEY TO PROVIDE THE MOTION REQUIRING THE ASSUMP- TION OF INDEBTEDNESS. COUNCILMEMBER HALL WITHDREW THE MOTION TO ALLOW GREG WEST TO SPEAK. Greg West, General Manager of Denny's Restaurant, said the corporation wished to annex into the City in order to receive a quicker response time to emergency situations. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT STAFF'S RECOMMENDATION TO ANNEX THE AREA; THAT SIMULTANEOUS ZONING BE ESTABLISHED; THAT THE AREA ASSUME THE INDEBTEDNESS OF THE CITY OF EDMONDS; THAT ANNEXATION BE ACCEPTED SUBJECT TO THE REQUIREMENTS THAT: 1) SIMULTANE- OUS ZONING BE ESTABLISHED FOR THE ANNEXATION AND, TO THAT END, THE ISSUE OF APPROPRIATE ZONING IS HEREBY FORWARDED TO THE PLANNING BOARD FOR ITS RECOMMENDATION; AND 2) THE ASSUMPTION OF ALL EXIST- ING CITY INDEBTEDNESS BY THE AREA TO BE ANNEXED SHALL BE REQUIRED. THESE REQUIREMENTS SHALL BE RECORDED IN THE MINUTES OF THE COUNCIL AND SHALL BE CONTAINED IN THE PETITION FOR ANNEXATION TO BE CIRCULATED IN THE ANNEXATION AREA. MOTION CARRIED. HEARING REGARDING ELIMINATION OF ON -STREET PARKING ON 76TH AVE. W., BETWEEN 212TH S.W. AND 220TH c.11qw l S.W. V v�l The public hearing was scheduled to receive testimony on Staff's proposal to eliminate all on - street parking an 76th Ave. W. between 212th St. S.W. and 220th St. S-W. The elimination of the parking will allow the continuation of four traffic lanes on 76th Ave. W. The street was resur- faced on September 28, 1987. It is the recommendation of Staff to eliminate all -on -street parking on 76th Ave. W. between 212th St. S.W. and 220th St. S.W. Engineering Coordinator Chris Beckman reviewed the existing configuration of the subject area via a vicinity map on the overhead projector. Mr. Beckman noted that Thomas D. Gant submitted a letter to the City stating his support of elimi- nation of on -street parking. Mr. Beckman said elimination of on -street parking would reduce potential traffic hazards that may be created by on -street parking. Dan Shadle, 2601 N.E. 185th, Seattle, said he owns property located at 21913 - 76th W. He said he rents that property to three working adults, and elimination of on -street parking would pose a hardship for them. He requested the City to provide some means of parking if the on -street park- ing is eliminated. He suggested that a curb cut is provided to the adjacent property to allow his renters to access that area and utilize it for parking. Cheryl Leonard, 19714 - 76th Ave. W., Lynnwood, representing College Place Elementary School, expressed concern regarding the safety of the children if on -street parking is eliminated on 76th Ave. W. She noted that Staff discussed the installation of a traffic light at the intersection of 208th St. in the past. She said the intersection is currently signalled with a flashing yel- low light. Ms. Leonard said a solution to the traffic problem would be the installation of a traffic light at 208th St. with a turn arrow for the drop off lane, as well as installation of a flashing red light at the intersection adjacent to Edmonds College Place Elementary School. Ms. Leonard inquired about: 1) proposed changes in the area of the post office annex in Perrin- ville; 2) if delivery trucks for Haggen's and M & L will be permitted to utilize 76th Ave. W. Community Services Director Peter Hahn stated that Planning Division Manager Mary Lou Block has EDMONDS CITY COUNCIL MINUTES Page 3 OCTOBER 6, 1987 EDMONDS CITY COUNCIL AGENDA MEMO Item number: j Originator: Planning Division For Action: X For Information: SUBJECT: MEETING WITH PETITIONERS RE DENNY'S ANNEXATION AGENDA TIME: 10 Minutes AGENDA DATE: October 6, 1987 EXHIBITS ATTACHED: 1. Petition 2. Vicinity Map Clearances: Dept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES ENGINEERING PARKS & TEREATA PLANNING PUBLIC WUR S FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $0 BUDGETED: $0 REQUIRED: $0 HISTORY AND SUMMARY STATEMENT: The City has received a 10% petition seeking to annex the Denny's restaurant property at 8431 244th St. S.W. into the corporate limits of the City of Edmonds. There are three questions which must be addressed with each annexation request. They are: 1. Whether to accept the annexation. 2. Whether to adopt simultaneous zoning regulations. 3. Whether or not assumption of the indebtedness will be required. The proposed annexation area poses no significant service problems for utilities or streets. RECOMMENDED ACTION: It is the recommendation of the staff that this area be annexed; that simultaneous zoning be established; and that the area assume the indebtedness of the City of Edmonds. The City Attorney will provide the form of the motion requiring the assumption of indebtedness. DENNYS/COUNCIL CERTIFICATE OF SUFFICIENCY I, Jacqueline G. Parrett, City Clerk of the City of Edmonds, Washing- ton, do hereby certify that on September 29, 1987 I received a Petition for Annexation of the area described on the attached legal description. I immediately made a determination of the sufficiency of the petition. The assessed valuation of the entire area within the proposed annexa- tion boundaries is $657,300, and the assessed valuation of properties represented by signatures on the petition is the same, there being only one petitioner, Denny's, Inc., representing 100% of the value of the property within the annexation area. SIGNED AND SEALED this 29th day of September, 1987. JACQUELINE G. PARR TT, I CMC Edmonds City Clerk Attachment: Legal Description NOTICE OF INTENTION TO CONIIENCE ANNEXATION PROCEEDINGS TO: The City Council of the City of Edmonds Civic Center Edmonds, Washington Gentlemen: The undersigned, who are the owners -of not less than ten percent in value, according to the assessed valuation for -general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Edmonds that it is the desire of the undersigned residents of the following area to commence annexation proceedings: The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It .is requested that the City Council of the City of Edmonds set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation. (2) Whether the City Council will require the simultaneous adoption of proposed zoning regulations for the proposed area to be annexed. (3) Whether the City Council will require the assumption of existing., City indebtedness by the area to be annexed. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 'OWNER'S SIGNATURE (Husband and Wife)_ PRINTED NAME ADDRESS & LEGAL DATE DESCRIPTION SI(NED i c rrt.v<< S lj o4LLoc *See special instructions on cover sheet. 1 IA4127 DENNYS ANNEXATION EXHIBIT A Beginning on the corporate limits line of the City of Edmonds, at point which is the intersection of the centerline of U.S. Highway 99 with the Southeasterly prolongation of the Westerly right-of-way line of Edmonds Way (SR 104); thence Northwesterly, along said prolongation and the Westerly right-of-way line of Edmonds Way (SR 104); to an intersection with the North line of Lots 1, 2 and 3 of Block 32, Hanbury's Sound View tracts, according to the Plat thereof recorded in Volume 7 of Plats, page 20, records of Snohomish County, Washington; thence Westerly along the North line of said tracts 1, 2 and 3 to a point 30.00 feet Easterly of the Northwest corner of said Lot 3; thence Southerly along the East line of the West 30.0 feet of said Lot 3 a distance of 145.0 feet; thence Westerly along the South line of the Northerly 145 feet of the West 30.0 feet of said Lot 3 and the East 10.0 feet of Lot 4 to the Southwest corner of the East 10.0 feet of the north 145.0 feet of Lot 4 of said Block 32; thence Southerly along the West line of the East 10.0 feet of the South 155.0 feet of Lot 4 to a point on the South line of Lot 4; thence East 20.0 feet to a point on the South line of Lot 3 being 10.0 feet East of the Southwest corner of said Lot 3; thence Northerly along the East line of the West 10.0 feet of the South 115.0 feet of said Lot 3 a distance of 115.0 feet; thence Easterly along the South line of the North 185.0 feet of Lot 3 and 2 to a point 63.0 feet West of the East line of said Lot 2; thence Northerly 10.0 feet; thence Easterly along the South line of the North 175.0 feet of said Lot 2 a distance of 63.0 feet to the intersection with the East line of said Lot 2; thence continuing Easterly along the South line of the North 175.0 feet of said Lot 1 projected Easterly to a point which is the intersection of the centerline of U.S. Highway 99 with the Southeasterly prolongation of the Westerly right-of-way line of Edmonds Way (SR 104) the true point of beginning. EXADENNY/TXTDMC24 EXHIBIT B JENNY'S ANNEXATION • �.1 r _l .. LI v 24 07 I s Q I AIICDND. C •�_-.s � ��;_� tip_ _s, •l. __ RA - - EDMO NDS G EE N.E R Y 00 218. Ts •r _ n �a A oi"s;r +' PHASE 2 r ' � .p to 3.• ' � , 144, IA C0�1C30MIN1�1M G a Lam-#_. C ` I i A SEC E i i AMENI I: LT 17. 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IS 34FT W OF SE COR THOF -TH E ALG SD S LN 34FT TO POB LESS ST HWY E LESS THAT PTN to LOT 2 LY WHN N 165FT SO LOT SUBJ TOT 58100 �a 49 5el — - - R/ W ESE P UD .1 �...,r,�.+..r �nll%fn vT CU TQ4Z 0225 88 T LAND x 79300 9300 S7 52493 ,� ,. ,-. r, n ■ r n