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2007.01.02 CC Agenda PacketAGENDA Edmonds City Council Meeting Council Chambers 250 5th Avenue North, Edmonds January 02, 2007 7:00 p.m. - 10:00 p.m. Call to Order and Flag Salute 1. Approval of Agenda 2• Consent Agenda Items A. Roll Call B. Approval of City Council Meeting Minutes of December 19, 2006. C. Acknowledge receipt of Claims for Damages from Dan and Jane Hinrichs (amount undetermined), and Warren Sanders (amount undetermined). D. Approval of 2007 Taxicab Operator's License for North End Taxi. E. Proposed Resolution commending Council President Deanna Dawson for her service. 3. (s Min) Selection of Council President for 2007. 4. (s Min) Selection of Council President Pro Tem. 5. (5 Min) Appointment of Committee Representatives. 6• (S Min) Proposed Resolution appointing a Councilmember to the Snohomish County Health District Board. 7• Proposed Resolution appointing Councilmembers to the Snohomish County Public Transportation Benefit (5 Min) Area Corporation Board of Directors. 8. (45 Continued deliberation and action on an ordinance adding a new Chapter 16.43 establishing BD -Downtown Min) Business Zones and amending the City's Zoning Map to rezone certain property specified therein to BD categories. Public comment will be received. 9. Proposed Ordinance repealing Ordinance No. 3608 establishing a moratorium within the City's central (5 Min) business district. 10. (20 Public hearing on the Planning Board recommendation regarding street setbacks and landscape standards Min) in the CG and CG-2 Zone. 11. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 12• Presentation of Resolution and Plaque to Councilmember Deanna Dawson for her service as Council (s Min) president. 13. 0 Min) Mayor's Comments 14. (15 Min) Council Comments 15. Adjourn AgendaQuick©2005 - 2006 Destiny Software Inc., All Rights Reserved Packet Page 1 of 121 AgendaQuick©2005 - 2006 Destiny Software Inc., All Rights Reserved Packet Page 2 of 121 AM-777 2.13. Approval of City Council Meeting Minutes Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Sandy Chase, City Clerk's Office Time: Consent Department: City Clerk's Office Type: Action Review Committee: Action: Agenda Memo Subiect Title Approval of City Council Meeting Minutes of December 19, 2006. Recommendation from Mayor and Staff It is recommended that the City Council approve the draft minutes. Previous Council Action Not applicable. Narrative The December 19, 2006 Draft City Council Meeting Minutes are attached for the City Council's review. Link: Draft Minutes Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2006 03:17 PM APRV 2 Mayor Gary Haakenson 12/22/2006 04:15 PM APRV 3 Final Approval Sandy Chase 12/22/2006 04:31 PM APRV Form Started By: Sandy Chase Started On: 12/22/2006 03:15 PM Final Approval Date: 12/22/2006 Packet Page 3 of 121 EDMONDS CITY COUNCIL DRAFT MINUTES December 19, 2006 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Deanna Dawson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauri Moore, Councilmember (via telephone) Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Kisa Nishimoto, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Dan Clements, Administrative Services Director Noel Miller, Public Works Director Rob Chave, Planning Manager Debi Humann, Human Resources Manager Frances Chapin, Cultural Services Manager Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Haakenson requested the addition of Item U (Approval of Findings of Fact regarding the Closed Record Review held on 10/17/06 on an appeal by Elisabeth Larman of the Architectural Design Board approval of the refurbishment of Old Milltown, located at 201 5th Avenue South) to the Consent Agenda. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE AGENDA WITH THE ADDITION OF ITEM U TO THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. As there were a number of short presentations preceding the Consent Agenda and he anticipated several items would be pulled from the Consent Agenda, Mayor Haakenson suggested delaying approval of the Consent Agenda until following Item 6. Council President Dawson suggested first approving Consent Agenda Item T to allow presenting the Resolution to the Student Representative. COUNCIL PRESIDENT DAWSON MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF CONSENT ITEM T. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: T. RESOLUTION NO. 1136 — THANKING STUDENT REPRESENTATIVE KISA NISHIMOTO FOR HER SERVICE 3. PRESENTATION OF RESOLUTION AND PLAQUE TO STUDENT REPRESENTATIVE KISA NISHIMOTO Council President Dawson read Resolution No. 1136 commending Student Representative Kisa Nishimoto for her service as Student Representative on the Council. She presented Ms. Nishimoto the resolution and a plaque. Ms. Nishimoto thanked the Council and the City for the opportunity to serve as Student Representative. Edmonds City Council Draft Minutes December 19, 2006 Page 1 Packet Page 4 of 121 4. UPDATE — EDMONDS CENTER FOR THE ARTS Edmonds Center for the Arts Executive Director Joe McIalwain thanked the Council for their support of the ECA. He noted a great deal had happened since he last spoke to the Council on June 23, 2006. At that time, there were only three ECA staff members in an office in City Hall; staff has since moved into the theater on October 2. The first performance was held October 23 by Cascade Symphony Orchestra to a sold -out audience of 710. Thirty events have been held including rehearsals, performances and other special events. ECA now employs five full time personnel, nine part-time personnel and two administrative volunteers. They also have a volunteer force of 173 community members who will serve as ushers, concessionaires, and administrative assistance and special events. To date 8,000 people have visited the Center and the gymnasium is occupied at least three hours every evening with basketball and indoor soccer practices. An 18 member, high quality 5016 ECA Board has been established, and the grand opening celebration will be held in two weeks. Mr. McIalwain provided the ECA's mission statement — a cultural resource for the entire region, Edmonds Center for the Arts inspires creativity, learning and growth through performing arts presentations, community partnerships and education outreach programs. He reviewed the vision for ECA that includes presenting a varied selection of performing artists from around the world; providing valuable performing arts education and outreach programs; being a Center for performance, dialogue and community celebration and their pledge to be a balance, stable, viable organization now and into the future. He described the impact of ECA including serving more than 80,000 people each year; an exciting entertainment alternative and anchor for tourism in the region; a significant cultural impact with theater, music, dance, comedy and lecture series; and a catalyst for economic growth in Edmonds. Mr. McIalwain reviewed plans for the grand opening celebration that will begin with a ribbon cutting ceremony on January 4 and the grand opening gala dinner and performance featuring Al Jarreau on January 6. A Coming Home presentation is planned for January 13 that will feature individual performances by Cascade Symphony Orchestra, Olympic Ballet and Sno-King Community Chorale as well as a combined performance. An open house and tours are planned for January 24 and community church choir performances will be held on January 30 and 31. Mr. McIalwain reviewed the ECA's first season that includes a varied selection of artists, noting some had been combined with local groups such as the Edmonds Jazz Connection which is an ECA production; and the 3-day Frank DeMiero Jazz Festival, a partnership between the ECA, Edmonds Community College and DeMiero family. He advised sponsorship opportunities were available for each show of $1000 or $2000. Tickets are available at the ECA box office, 425-275-9595. Mr. McIalwain highlighted local groups that would be performing at ECA during the first season including four performances by Cascade Symphony Orchestra, three performances by Olympic Ballet Theater and performances by Sno-King Community Chorale. Edmonds Community College will present Cabaret on May 17-20. Mr. McIalwain described marketing efforts including the preview season brochure, the ECA website EdmondsCenterfortheArts.org, flyers and posters, direct mail, and press including articles and advertisements in the Beacon, Enterprise, Journal, Herald, Seattle PI and Seattle Times. Concluding, Mr. McIalwain provided a fundraising update, explaining the total project cost was $18.5 million; completed on time and on budget. Approximately $14.7 million has been raised to date. A $1 million Building for the Arts grant was allocated to the project, pending State budget approval. He encouraged the public to donate via the seat campaign and naming opportunities. Edmonds City Council Draft Minutes December 19, 2006 Page 2 Packet Page 5 of 121 Councilmember Plunkett inquired about operating costs. Mr. McIalwain responded an operating budget has been prepared; expenses are on track with that budget. Revenue has been slightly slow due to invoicing difficulties. He acknowledged it would be a learning process during the first year. Mayor Haakenson recognized Mr. McIalwain and his staff who were doing a marvelous job and expressed his appreciation for their hard work. 5. PRESENTATION OF THE 2007 LEGISLATIVE AGENDA FOR THE ASSOCIATION OF SNOHOMISH COUNTY CITIES & TOWNS. Mayor Haakenson advised representatives of the Association of Snohomish County Cities and Towns have been making presentations to City Councils regarding their legislative agenda. Mukilteo Councilmember Marko Liias explained the Association of Snohomish County Cities and Towns has existed for some time and under the leadership of Robert Amenn, Gold Bar Councilmember, were expanding the breadth of the organization to include a legislative committee, transportation committee and an economic development committee to strengthen the role of Snohomish County cities. The legislative issues committee was established by Edmonds Councilmember Olson to develop a legislative agenda of issues in the 2007 legislative session that Snohomish County Cities and Towns have in common and work in concert to coordinate the Cities and Town's legislative agenda as well as coordinate trips to Olympia to lobby for those issues. Mukilteo Councilmember Jennifer Gregerson advised the goal was to gather feedback from cities throughout Snohomish County to establish a legislative agenda. She explained the legislative agenda had been divided into tiers. The first tier had two items, 1) expanding the potential use of REET funds to include park operations, and 2) increasing the penalty for auto theft. The concept of the second tier was to seek resolutions or letters of support from Councils on, 1) the Snohomish County RTID list and 2) clarifying and codifying issues with the Open Public Meetings Act as it relates to email. The third tier is to raise awareness and support for a 4-year college in Snohomish County. She urged Councilmembers to contact Mr. Liias, Councilmember Olson or her regarding issues they wanted Cities and Towns to pursue on the legislative agenda. Mayor Haakenson advised the input from all cities and towns would be used to develop a combined legislative agenda. He invited Councilmembers to inform Councilmember Olson of any other issues they wanted considered. 6. PRESENTATION OF HOUSING HALO AWARD TO THE CITY OF EDMONDS BY THE HOUSING CONSORTIUM OF EVERETT AND SNOHOMISH COUNTY. June Robertson, Executive Director, Housing Consortium of Everett and Snohomish County, advised their mission was to provide strategic leadership in crafting affordable housing policies and programs in Snohomish County. Their members are a diverse group of organizations and individuals who develop affordable housing, provide services for residents of affordable housing and are committed to providing everyone in Snohomish County with an affordable place to live. Ms. Robertson presented a Housing Halo Award to the City Council in appreciation of the housing policy on behalf of local citizens, recognizing the Council as community heroes for enacting an ordinance on November 6 that requires developers to pay $500 in relocation assistance to low-income tenants displaced by condominium conversion. She thanked the Council for its actions on behalf of those in the community whose housing situation was tenuous and threatened by condominium conversions. She also thanked the Council for being a partner in helping to identify solutions for the affordable housing crisis. Edmonds City Council Draft Minutes December 19, 2006 Page 3 Packet Page 6 of 121 Council President Dawson thanked the Housing Consortium for their work. She commented this was an important issue to her personally and one of her primary tasks in her role at Snohomish County. She recognized the work being done in Snohomish County. 2. CONSENT AGENDA ITEMS Councilmember Moore requested Items K and U be removed from the Consent Agenda, Councilmember Marin requested Item E be removed, Councilmember Wambolt requested Item R be removed and Councilmember Orvis requested Item S be removed. Mayor Haakenson relayed Public Works Director Noel Miller's request that Item N be removed and indicated Item T had been approved under Agenda Item 1. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 12, 2006. C. APPROVAL OF CLAIM CHECKS #92836 THROUGH #93002 FOR DECEMBER 14, 2006 IN THE AMOUNT OF $334,043.72. D. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM SANDY CALLENDER (AMOUNT UNDETERMINED). F. CONFIRMATION OF COMMITTEE MEMBERS FOR THE LODGING TAX ADVISORY COMMITTEE FOR 2007. G. RATIFY INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF EDMONDS AND SNOHOMISH COUNTY FIRE DISTRICT #1. H. PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS. I. APPROVAL OF THREE YEAR SUBSCRIBER AGREEMENT WITH PUBLIC SAFETY TESTING, INC. J. APPROPRIATION OF $40,183 ADDITIONAL FUNDS AND AUTHORIZATION FOR MAYOR TO SIGN CONTRACT CHANGE ORDER NUMBER 3 FOR 2006 CITYWIDE STORM IMPROVEMENTS PROJECT. L. APPROVAL OF ANNUAL AWARD BY THE EDMONDS ARTS COMMISSION OF BUDGETED CULTURAL TOURISM PROMOTION CONTRACTS TO LOCAL ARTS ORGANIZATIONS TO PROMOTE EVENTS THAT BRING VISITORS TO EDMONDS. M. ORDINANCE NO. 3617 - GRANTING TO CLEARWIRE, LLC A RIGHT-OF-WAY USE PERMIT, TO INSTALL, OPERATE, AND MAINTAIN COMMUNICATION FACILITIES WITHIN A CERTAIN DESIGNATED PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. O. ORDINANCE NO.3618 — UTILITY TAX RATE INCREASE. Edmonds City Council Draft Minutes December 19, 2006 Page 4 Packet Page 7 of 121 P. ORDINANCE NO. 3619 — AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL EXISTING CHAPTER 16.77 MPOR ZONE AND REPLACING IT WITH A NEW CHAPTER 16.77 OR -OFFICE -RESIDENTIAL Q. ORDINANCE NO. 3620 — ADOPTING THE 2006 AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN RELATING TO ECONOMIC DEVELOPMENT, CAPITAL FACILITIES, SANITARY SEWERS, PORT OF EDMONDS STRATEGIC AND MASTER PLAN, NEIGHBORHOOD DISTRICTS, STREETSCAPES AND LAND USE ELEMENT AND COMPREHENSIVE PLAN MAP. ITEM N: ORDINANCE NO. 3621 — GRANTING TO T-MOBILE WEST CORPORATION, A RIGHT-OF-WAY USE PERMIT, TO INSTALL, OPERATE, AND MAINTAIN COMMUNICATION FACILITIES WITHIN A CERTAIN DESIGNATED PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. Public Works Director Noel Miller explained after the agenda memo was prepared, T-Mobile contacted staff with minor revisions in regard to the automatic renewal of the agreement. The revisions would provide additional flexibility for T-Mobile based on changing technology. He advised City Attorney Scott Snyder reviewed and approved the ordinance. Staff recommended approval as revised. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR APPROVAL OF ITEM N. MOTION CARRIED UNANIMOUSLY. ITEM E: APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Councilmember Marin wished to abstain from the vote on this matter. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPROVE ITEM E. MOTION CARRIED (6-0-1), COUNCILMEMBER MARIN ABSTAINED. ITEM K: APPROVAL OF FINDINGS OF FACT REGARDING THE PUBLIC HEARING HELD 10/17/06 ON THE PLANNING BOARD'S RECOMMENDATION OF DENIAL ON A COMPREHENSIVE PLAN AMENDMENT AND REZONE FOR JENNIFER MANTOOTH, LOCATED AT APPROXIMATELY 97TH AVENUE WEST AND 231ST PLACE SOUTHWEST. (FILE NO. CDC-05-3 AND R-06-67) Councilmember Moore advised she pulled this to vote no as she had originally voted to approve the application. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, FOR APPROVAL OF ITEM K. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS MARIN, OLSON, AND WAMBOLT AND COUNCIL PRESIDENT DAWSON IN FAVOR; COUNCILMEMBERS PLUNKETT, MOORE AND ORVIS OPPOSED. ITEM U: APPROVAL OF FINDINGS OF FACT REGARDING THE CLOSED RECORD REVIEW HELD ON 10/17/06 ON AN APPEAL BY ELISABETH LARMAN OF THE ARCHITECTURAL DESIGN BOARD APPROVAL OF THE REFURBISHMENT OF OLD MILLTOWN. LOCATED AT 201 5TH AVENUE SOUTH Councilmember Moore advised she pulled this to vote no as she did not agree with the Findings of Fact. Edmonds City Council Draft Minutes December 19, 2006 Page 5 Packet Page 8 of 121 COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT DAWSON, FOR APPROVAL OF ITEM U. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT DAWSON, AND COUNCILMEMBERS WAMBOLT, PLUNKETT, AND ORVIS IN FAVOR; COUNCILMEMBERS OLSON, MOORE AND MARIN OPPOSED. ITEM R: PROPOSED ORDINANCE ENACTING A NEW CHAPTER 16.43 RELATING TO BD - DOWNTOWN BUSINESS ZONING, AMENDING THE CITY'S ZONING MAP TO REZONE CERTAIN PROPERTY SPECIFIED THEREIN TO BD CATEGORIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Council President Dawson explained at the end of last week's meeting, it appeared everything had been completed and that City Attorney Scott Snyder did not need to attend tonight's meeting. Several issues arose today for which it may have been helpful to have Mr. Snyder at tonight's meeting but he was not here. She suggested either acting on this item and amending it in the future or delaying approval until Mr. Snyder was present. Councilmember Wambolt recommended postponing this item to a future meeting, possibly before the end of the year. After further consideration, he realized there were consequences of the changes made to the step -back in the BD 1 zone. Council President Dawson asked Councilmember Wambolt to identify the issues that precluded Council adoption and why action was required before the end of the year. Planning Manager Rob Chave advised the Comprehensive Plan ordinance was the only required ordinance. This was a zoning ordinance that could be adopted at any time although sooner was better. Councilmember Wambolt explained the reason for postponing approval was there had not been adequate time to consider the consequences of the amendments the Council made. Councilmember Marin suggested pulling that specific section from the document and postponing discussion until 2007 and approving the remainder. Councilmember Wambolt advised that was his original intent but additional issues have arisen. Councilmember Moore agreed with postponing this item, expressing concern with amendments proposed at the last minute that lacked written background, staff discussion and public input. She noted there were also unintended consequences as a result of those amendments that needed to be examined. Councilmember Orvis agreed with Councilmember Wambolt's suggestion to postpone this item, advising after considering the issues Councilmember Wambolt raised, he prepared a presentation late today. It was the consensus of the Council to postpone this item to a public hearing on January 2, 2007: Council President Dawson requested any amendments be submitted to staff in time to be included in the Council packet. ITEM S: PROPOSED ORDINANCE REPEALING ORDINANCE NO. 3608 ESTABLISHING A MORATORIUM WITHIN THE CITY'S CENTRAL BUSINESS DISTRICT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE Council President Dawson advised that due to the postponement of Item R, this item would also be postponed to January 2, 2007. She advised the moratorium on buildings over 25 feet would remain in place. Edmonds City Council Draft Minutes December 19, 2006 Page 6 Packet Page 9 of 121 7. AUDIENCE COMMENTS Al Rutledge, Edmonds, expressed his pleasure at seeing Mayor Haakenson at a recent Planning Board meeting. He commented on the Council's recent approval of height changes on Hwy. 99 and on Edmonds Way, suggesting the Council give consideration to establishing districts that would develop their own zoning. Joan Bloom, Edmonds, advised she was responding to Mayor Haakenson's request for input regarding the waterfront project. She suggested the project be a combination of Grandville Island in Vancouver BC that has shops and restaurants; Third Place Books in Lake Forest Park that has a large chess game, stage and place to dance; and Pike Place Market. Although she appreciated the opportunity to provide input, she expressed concern that there was no central place for providing information other than Council meetings and many people, including she, were uncomfortable with speaking in front of the City Council. She requested the Council devise many ways for people to provide input on the waterfront project such as a web blog, tours of the waterfront led by Councilmembers with a staff member present to record ideas, neighborhood gatherings and a survey. She favored a project that met everyone's needs and that not only drew tourists but served the community of Edmonds. Rick Utt, Edmonds, ADB Chair Pro Tem, expressed concern with the Council's decision regarding Old Milltown. He asked whether it was appropriate to speak in this stage of the process. Mayor Haakenson answered yes as Council had adopted Findings of Fact tonight. Mr. Utt commented from reviewing the notes, it appeared there was disagreement between the design review and the Council and that the decision was based on subjective interpretation of the design guidelines. He was concerned the Council's action was in violation of Washington State law as defined in 1993 by Anderson v. Issaquah. Mayor Haakenson cautioned Mr. Utt he was reluctant to have him discuss legal cases when the City Attorney was not present. He requested Mr. Utt return on January 2, 2007 when Mr. Snyder would be present; Mr. Utt agreed. Mayor Haakenson advised Ms. Bloom he would pass her comments on to the Port Commissioners as the Port was leading that effort. He urged Ms. Bloom and others to email their thoughts with regard to the waterfront project to Port Commissioners. He explained once the redevelopment committee, likely comprised of the Port Commissioners and the property owners, developed a proposed project, they would present it at an informal gathering to the public for input. Another opportunity for input would be at the informal neighborhood meetings he planned to hold next year. 8. MAYOR'S COMMENTS Mayor Haakenson wished everyone Happy Holidays. 9. COUNCIL COMMENTS Council President Dawson expressed her sympathy to those in the City who lost their power, particularly those who were without power for a considerable amount of time. She described their experience without power through Sunday evening, explaining because their house is not well insulated, they stayed at the Travel Lodge in South Edmonds. She expressed her thanks to the staff there who very nice and when their power was restored Sunday evening, for refunding half her money for the day. She was hopeful everyone in the City and Snohomish County would have their power restored soon. She wished everyone a Happy Holiday and Happy New Year and looked forward to working with everyone next year. Councilmember Olson wished everyone Happy Holidays and expressed hope that the weather would be calm for the remainder of 2006. Edmonds City Council Draft Minutes December 19, 2006 Page 7 Packet Page 10 of 121 Councilmember Plunkett reported the Historic Preservation Commission met last week in response to the direction given to them by the Council. He noted there was a member of the Commission interested in investigating historic districts. He anticipated the Commission would present their ideas to the Council with regard to design guidelines within 30 days. He advised the Commission was utilizing Mark Hinshaw's expertise as well as the specific expertise of several members. He advised once the design guidelines were drafted, they would be reviewed by City Attorney Scott Snyder and Planning Manager Rob Chave before presenting them to the Council. Councilmember Marin reported he attended the unveiling of the first light rail vehicle in Seattle and yesterday taught King County Councilmember Phillips how to drive it. He summarized the region was close to a solution for the future and the package that would be presented to the voters. With regard to the redevelopment of Harbor Square, Councilmember Wambolt reported the effort was moving forward quickly; there were meetings scheduled tomorrow and Thursday. He suggested members of the public interested in providing input attend a Port meeting which they may find less intimidating. The Port meets on Monday nights at 7:00 p.m. at the Port Commission offices. Their agenda is available on Channel 21 and their website. He advised the property owners were trying to do the right thing and will be soliciting the public's input. He wished everyone a Merry Christmas and prosperous 2007. Councilmember Orvis advised he would be participating in the Hearing Examiner interview process and invited anyone with a question to ask to forward it to him. He wished everyone a Merry Christmas. Councilmember Moore thanked Council President Dawson, Mayor Haakenson and City Clerk Chase for allowing her to participate in the meeting via telephone. She expressed her thanks to the Council for postponing the BD1 zoning issue, commenting the Council could do a better job with more time. She expressed her thanks to Ms. Bloom for her ideas and for responding to Mayor Haakenson's column in the newspaper. She suggested this as a topic for the Community Outreach Committee, noting it was not a Council issue, it was up to the property owners including the Port. She encouraged Ms. Bloom and others to contact the Port with their ideas. Mayor Haakenson expressed his pleasure at having Kisa Nishimoto serve as Student Representative. Ms. Nishimoto reported December 14 was the last day of the Edmonds-Woodway High School food drive. They filled two school buses, collecting 11,000 cans. As school was cancelled Friday due to the power outage, there was no total available for cash donations. Mayor Haakenson provided a brief storm update, advising the City escaped unscathed other than power outages, down trees and road blockages; there were no injuries. He recognized the Police, Fire and Public Works Departments for the awesome job they did. He noted a care facility on Edmonds Way had to be evacuated because a tree fell, breaking their sprinkler line and flooding the building. He summarized it had been an interesting November and December and winter had not yet arrived. 10. ADJOURN With no further business, the Council meeting was adjourned at 8:00 p.m. Edmonds City Council Draft Minutes December 19, 2006 Page 8 Packet Page 11 of 121 AM-775 2.C. Claim for Damages Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Linda Hynd, City Clerk's Office Submitted For: Sandy Chase Time: Consent Department: City Clerk's Office Type: Action Review Committee: Action: Agenda Memo Subiect Title Acknowledge receipt of Claims for Damages from Dan and Jane Hinrichs (amount undetenmined), and Warren Sanders (amount undetermined). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages. Previous Council Action Not applicable. Narrative Claims for Damages have been received from the following individuals: Dan and Jane Hinrichs 23327 Friar Tuck Lane Edmonds, WA 98020 (Amount undetermined) Warren Sanders 23214 Humber Lane Edmonds, WA 98020 (Amount undetermined) Link: Hinrichs Claim for Damages Link: Sanders Claim for Damages Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/20/2006 12:14 PM APRV 2 Mayor Gary Haakenson 12/20/2006 12:17 PM APRV 3 Final Approval Sandy Chase 12/21/2006 03:32 PM APRV Form Started By: Linda Hynd Started On: 12/20/2006 10:22 AM Final Approval Date: 12/21/2006 Packet Page 12 of 121 RECEIVED CITY OF EDMONDS CLAIM FOR DAMAGES; FORM DEC 15 2006 EDMONDS CITY CLERK Date Claim Form Received by City - 6; m Please take note that Dlgy d jMc-:-,- 1V/n/,01CH5 . who resides at 2332-'i r1z1R1& 7ucr— &V E%7iro f 1 P5 I W a C18®z0 mailing address home phone # 2©� 5V2 , work phone # -7-7�iv-/y35 , is claiming damages against %; /Tl/ Ol- En/Pa/05 in the sum of $ ? arising out of the following circumstances listed below. DATE OF OCCURRENCE: 2-L1 q 00 �> TIME: 330 LOCATION OF OCCURRENCE: S332.7 FRoge- TL Ce- LAND 61 Dmowos� ki19 %ye> DESCRIPTION: 1. Describe occurrence explaini g the nature of the defects or acts of negligence causing damages. Cnd s soar/ r c�ivr-- /Jec� e' IN'r-Al , ULe�S ✓ m 6M6 (attach an extra sheet for additional information, if needed) 2. Provide a listif witnesses, if aRAU hitpplicable, to the occurrence includin names, addresses, and phone numbers. 91 4. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. Have you submitted a claim for damages to your insurance company? Yes If so, please provide the name of the insurance company: and the policy #: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Packet Page 13 of 121 * *,NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED I 1 being first d rs duly sworn de ose and sa I a 9 Y PY described; that I have read the above claim, know the contents thereof and believe thee t b e� for the above X Signature of Claimant(s) State of Washington County of/ I certify that I know or have satisfactory evidence that is is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: %kill Signature _ Title C� 3�v'�O r•��, '� My appointment expires . iG / �j - /d s Go Packet Page 14 of 121 F CITY OF EDMONDS CLAIM FOR DAMAGES; FORM RECEIVED DEC 2 0 2006 MONDS CITY CLERK io Date Claim Form f Received by City Please take note that who resides at oZJ-�'Tj-�P�2-7P, L+QN�05 16C)246 mailing address home phone # 2106:TYVIM `work phone # 206947 3g1Y, is claiming damages against in the sum of $ UA)44yvWr . arising out of the following circumstances listed below. DATE OF OCCURRENCE: �� % � E prJ C / :V fiL "�1 '�_ TIME: 3 PHt LOCATION OF OCCURRENCE: DESCRIPTION: A It � 'fTl 7 jL j � l�U/ Z` - �j�`t �j t✓� X5 if /002� 1. Describe occurrence/ explaining the nature of the defects or acts of negligence causingdamages. (attach an extra sheet for additional information, if needed) 2. ProvdO a list of witnesses, if applicable, to the occurrence including names, addresses, an phone numbers. MOW7)S-9Pi�e./C- as�.� 'Y&5�vn�» �YI hzt9 ,0 � -�. A -,,//a anl-r 2 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to. your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: Yes No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY Driver License # (year) (make) DRIVER: (model) OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Address: Name: Address: Packet Page 15 of 121 * *.NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED I, being first duly swom, depose and say that I am the claimant for the above described; that I have read the above claim, know the contents thereof and believe the same to be true. X State of Washington County of �!dv !`tc i S f4 I certify that I know or have satisfactory evidence thatyP J1 .414eS is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free 'and voluntary act for the uses and purposes mentioned in the instrument. Dated: /ap606� iN Signature Tit;i'T My appointment expires d _ $� Packet Page 16 of 121 AM-776 North End Taxi License Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Sandy Chase, City Clerk's Office Time: Consent Department: City Clerk's Office Type: Action Review Committee: Action: Agenda Memo Subiect Title Approval of 2007 Taxicab Operator's License for North End Taxi. Recommendation from Mayor and Staff It is recommended that the City Council approve the 2007 Taxicab Operator's License for North End Taxi. Previous Council Action The City Council last approved the license for North End Taxi on February 21, 2006. 2. D. Narrative Edmonds City Code Chapter 4.60 requires that the City Council approve Taxicab Operator's Licenses. A copy of the application submitted by North End Taxi is attached as Exhibit 1. The Police Department has reviewed and approved the application. Link: North End Taxi Application Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2006 08:54 AM APRV 2 Mayor Gary Haakenson 12/22/2006 08:59 AM APRV 3 Final Approval Sandy Chase 12/22/2006 09:29 AM APRV Form Started By: Sandy Chase Started On: 12/21/2006 04:53 PM Final Approval Date: 12/22/2006 Packet Page 17 of 121 of EDR, oho G � - '890.1990 CITY OF EDMONDS APPLICATION - TAXICAB OPERATOR'S LICENSE Edmonds City Code Chapter 4.60 .Name under which applicant intends to operaW Tac-Key Inc ' DBA North End Taxi Name of Applicant. Linda J Hawley Driver's LicenseNo.: HAWLEL487QH "..• • e�+umetmHmu Lat Address: 16409 20th Avenue Test Lynnwood, WA 98036 aw Place of Birth: Tacoma WA Date of Birth: i 1 / 0 8 / 5 2 47 Please list name and address changes that have occurred within the last two years preceding the current information: Previous Employment for Past Two Years: Employer., North End TAxi Telephone Number: 4 2 5 —7 7 5 —9 9 9 9 Employer: Telephone Number: Attach additional sheet #"necessary. Previous Record as a Taxicab Driver or Operator: Address: 16409 20th Ave West Lynnwood 98037 Dates of Employment: 12/15/75 thru current Address: Dates of Employment: Have you ever been licensed as a taxicab driver or operator? ( Yes ❑ No Where: King County, Seattle, Lynnwood, Edmonds Mtlake Terrace, Eve tt Has this license ever teen suspended, revoked, or denied? Yes 53 No Record of Conviction: When- Ifyes, explain: 12/15/75 thru current If yes, for what cause: Have you ever been convicted of or forfeited bail for a crime, including all traffic offenses, for the preceding five years? U Yes 0 No If yes, give a detailed account of tie charge, the urt; and the final non of the ch appzoximat� the name of the Co disposition chargeor charges: _ 08/09/01 Failure to stop Seattle 11/09/04 Reckless Driving, Shoreline Information on Vehicles to be Operated: Mak6ee Attached List Year: Model: Vehicle Identification No. Make Year:. Vehicle License No;: Model: ven�tcre laent>trcatictn l�o Vehicle License No.: Make:,:; Year: Model. Vehicle Identification No., Vehicle License No.: Make. Vehicle Identification No.: Attach additional sheet if necessarv- Year:Model: Vehicle License No.: Packet Page 18 of 121 List of Proposed Drivers (MUST BE KEPT CURRENT): Name: GAA n t+-a rh Prl T.i Gt Driver's License Number. Address: O N V I L E [ r! L I -r Y RK'S ©FFrc. Date of Birth: -- Name: Driver's License Number. Address: i Date ofBirth: Name: Driver's License Number: Address- Date of Birth: Attach additional sheet 9jnecessar34 Financial Status of Applicant: List any and all unpaid judgments and the nature of the transaction or acts giving rise to such judgment. Nang Please attach Proof of Insurance as required by ECC Section 4.60.100. J Signature of Applicant: Date: t/ > Subscribed and sworn before me _ day cif p --49, ap p P QWY FUW Mteot*0 JERRILYN R AVRA MY Appolntrt W E May t . NOTARY PUBLIC My appointment expires: ISSUANCE OF LICENSE .FEES: Initial Application Fee for Taxicab Operator's License (for investigation).............................................................. $100.00 Plus for each taxicab to be operated in the City of Edmonds.......................................................................... $30.00 After June 30 the fee for each taxicab shall be............................................................................................. $15.00 Plus for each driver ($5 licensing fee plus $20 investigation fee)................................................................... $25.00 Renewal for Taxicab Operator's License (for each taxicab to be operated in the City of Edmonds) ......................... $30.00 Foreach previously licensed driver................................................................................................................... $5.00 New drivers pay the $5 licensing fee and the $20 investigation fee............................................................... $25.00 TOTAL FEES PAID: �jlp, o0 TREASURER'S RECEIPT_NUM BER: CONDITIONS: El " ❑ No If yes, describe: City Clerk: Date: Packet Page 19 of 121 Vehicle List - North End Taxi # 256 1996 Ford Crown Vic 2FALP71WXTX146583 662 TTJ # 258 1995 Ford Crown Vic 2FALP71W5SX175004 765 PZE # 302 1998 Ford Crown Vic 2FALP71 W2WX147955 751 UDA # 303 1998 Ford Crown Vic 2FAFP7IWOWX129003 786. TYI # 304 1997 Ford Crown Vic 2FALP71 W9VX201656 147 UON # 305 1999 Ford Crown Vic 2FAFP71W3XX187690 149 UON # 306 2000 Ford Crown Vic 2FAFP71 WXYX180964 148 UON # 307 2000 Ford Crown Vic 2FAFP7l W8YX180977 677 USE Packet Page 20 of 121 wrncrcwlne L llwlllir: 1•tvi u — — — ACORDTM CERTIFICATE OF LIABILITY INSURANCE T _ ati0a, 6" °""Y, PRODUCER Bell -Anderson Ins. -Kent C/L P. O. Box 887 THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 724 West Smith St. Kent, WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC # INSURED North End Taxi INSURER A Markel Insurance Company INSURER B. INSURER Q. Tab Key. Inc 16409 20TH AVE WEST Lynnwood, WA 98037 INSURER D. INSURER E: a.vv crcnvw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR ADD'POLICY NSR TYPE OF INSURANCE NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD LIMITS ' GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED $ MED EXP (Anyone person) $ CLAIMS MADE DOCCUR PERSONA_&ADVINJURY $ GENERAL AGGREGATE - $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY JECT LOC A AUTOMOBILE LIABILITY ANY AUTO 06CAB1162 - 12/02/06 12,02107 COMBINED SINGLE LIMIT (Ea accident) $350,000 BODILY INJURY (Perperson) $ ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY - (Per acddent) $ PROPERTY DAMAGE (Peracciderd) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ® CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WC STATU- I OTH- WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ It yes, describe under SPECIAL PROVISIONS below A ' OTHER Commercial A . '` 6CAB1162 14)2,06 1?102,07 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS GERTIFIGATE HOLDEK GANL'CL _jk nun SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF EDMONDS CIVIC CENTER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN 121 M Ave North NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Edmonds, WA 98020 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE /1l4VRV LGI ILVV $Iwo] -1 OT L 3FIJIL00 WWI e� nnn0f%0A"nn1J 402; Packet Page 21 of 121 AM-780 2. E. Resolution Commending Council President Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Jana Spellman, City Council Time: Consent Department: City Council Type: Action Review Committee: Action: Agenda Memo Subiect Title Proposed Resolution commending Council President Deanna Dawson for her service. Recommendation from Mayor and Staff Approval. Previous Council Action N/A Narrative Proposed Resolution commending Council President Deanna Dawson for her service. Revenue & Expenditures Fiscal Impact Link: Dawson Resolution Attachments Form Routing/Status Route Inbox Seq Approved By 1 City Clerk Sandy Chase 2 Mayor Gary Haakenson 3 Final Approval Sandy Chase Form Started By: Jana Spellman Final Approval Date: 12/27/2006 Date Status 12/27/2006 11:39 AM APRV 12/27/2006 01:17 PM APRV 12/27/2006 02:46 PM APRV Started On: 12/27/2006 10:03 AM Packet Page 22 of 121 Re.5oYution ,Qo. 1137 Whereas, Deanna Dawson has served as Council President from January to December 2006 and during her tenure as President has presided over many extremely long meetings with poise making sure the audience has a good grasp of all of the difficult and hard -to - understand issues; and Whereas, Ms. Dawson was elected to the Council in November of 2001 and graciously agreed to fill Council Position #2 on November 27, 2001 as the position was vacant; and Whereas, Councilmember Dawson, in addition to carrying out her countless and varied duties as Council President as well as fulfilling a number of very laudable, outside responsibilities and interests, has sat on the following Committees and/or Boards: Finance, SNOCOM, Long -Range Task Force, Public Safety Committee (Chair), Disability, Snohomish County Tomorrow, Edmonds Crossing Project, and Economic Development; and Whereas, 9Hs. Dawson, while performing her duties as Council President, also made some career changes and did so with much equanimity while doing due diligence as Council President all with an eye towards the betterment of the City and its citizens; Now, Therefore, Be it lfesolved, that Deanna Dawson be commended and thanked for serving as Council President. The Council looks forward to her continued dedication and service to the citizens of Edmonds. Passed, Approved; andAcfopted this 2nd day of January, 2007. Gary Haakenson, Mayor Michael Plunkett, Councilmember Ron Wambolt, Councilmember Attest: City Clerk Peggy Pritchard Olson, Councilmember Mauri Moore, Councilmember Richard Marin, Councilmember Dave Orvis, Councilmember Citp of Q6'bM0flb!5 3riforportttlb 1590 Packet Page 23 of 121 AM-778 Health District Board Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Sandy Chase, City Clerk's Office Time: 5 Minutes Department: City Clerk's Office Type: Action Review Committee: Action: Agenda Memo Subiect Title Proposed Resolution appointing a Councilmember to the Snohomish County Health District Board. 6. Recommendation from Mayor and Staff It is recommended that the City Council announce the appointment of the Councilmember to serve on the Health District Board and adopt the attached resolution. Previous Council Action The City Council appoints a Councilmember to serve on the Snohomish County Health District Board each January. Narrative The Snohomish County Health District Board requires formal designation of its City representative. The Councilmember designated to serve on this Board will be announced at this evening's meeting. Link: Health District Resolution Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2006 03:56 PM APRV 2 Mayor Gary Haakenson 12/22/2006 04:15 PM APRV 3 Final Approval Sandy Chase 12/22/2006 04:31 PM APRV Form Started By: Sandy Chase Started On: 12/22/2006 03:52 PM Final Approval Date: 12/22/2006 Packet Page 24 of 121 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD WHEREAS, the Snohomish County Health District Board requires formal designation of its City representative, and WHEREAS, the City Council finds that the appointment of to such Board would be in the best interest of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby appoints as its appointee to the Snohomish County Health District Board for the calendar year 2007 and thereafter until such time as the Council shall make a new appointment. RESOLVED this 2nd day of January, 2007. 611TA219 MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 25 of 121 AM-779 7. Community Transit Board Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Sandy Chase, City Clerk's Office Time: 5 Minutes Department: City Clerk's Office Type: Action Review Committee: Action: Agenda Memo Subiect Title Proposed Resolution appointing Councilmembers to the Snohomish County Public Transportation Benefit Area Corporation Board of Directors. Recommendation from Mayor and Staff It is recommended that the City Council announce the appointment of the Councilmembers to serve on the Snohomish County Public Transportation Benefit Area Corporation Board of Directors and adopt the attached resolution. Previous Council Action The City Council appoints Councilmembers to serve on this Board each January. Narrative The Snohomish County Public Transportation Benefit Area Corporation Board requires formal designation of its City representatives. The name of the Councilmember appointed to this Board, along with an alternate, will be announced at this evening's meeting. Link: Transportation Board Resolution Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/22/2006 04:05 PM APRV 2 Mayor Gary Haakenson 12/22/2006 04:15 PM APRV 3 Final Approval Sandy Chase 12/22/2006 04:31 PM APRV Form Started By: Sandy Chase Started On: 12/22/2006 03:58 PM Final Approval Date: 12/22/2006 Packet Page 26 of 121 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING AS THE CITY OF EDMONDS REPRESENTATIVE TO SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS AND AS ALTERNATE. WHEREAS, the Snohomish County Public Transportation Benefit Area Corporation requires formal designation of its City representative, and WHEREAS, the City Council finds that the appointment of to such Board would be in the best interest of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. is hereby appointed as the representative of the City of Edmonds on the Snohomish County Public Transportation Benefit Area Corporation Board of Directors for calendar year 2007 or until a new representative is named. Section 2. In the event that is unwilling or unable to serve, is hereby appointed as an alternate to serve on behalf of the City for calendar year 2007 or until a new alternate is named. RESOLVED this 2nd day of January, 2007. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 27 of 121 AM-782 8. BD -Downtown Business Zones Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Rob Chave, Planning Submitted For: Rob Chave Time: 45 Minutes Department: Planning Type: Action Review Committee: Action: Agenda Memo Subiect Title Continued deliberation and action on an ordinance adding a new Chapter 16.43 establishing BD -Downtown Business Zones and amending the City's Zoning Map to rezone certain property specified therein to BD categories. Public comment will be received. Recommendation from Mayor and Staff Approve one of the proposed ordinances (Exhibit 1, or the alternate ordinance in Exhibit 3). Previous Council Action City Council held a public hearing on the recommendation from the Planning Board on October 3, 2006, and completed initial deliberations on December 12, 2006. On December 19, 2006, Council deferred adoption of a final ordinance pending further discussion. Narrative The ordinance contained in Exhibit 1 is the ordinance which was on the Council's consent agenda for approval on December 19, 2006. The ordinance in Exhibit 1 would apply the same step -back rules to the BD zone as would apply in other downtown zones -- i.e. a step -back would generally be required above 25 feet (see the text on page 10 of the ordinance, and the illustrations on page 11). Just prior to the December 19th meeting, Councilmember Wambolt raised a question concerning the step -back rules that would apply in the BD (Downtown Retail Core) zone. In response, staff drafted a modified ordinance ("alternate I" which is attached as Exhibit 3). The alternate ordinance would require a step -back if the "average level" height rules raised the building more than 30 feet above the street rather than the 25 feet applicable to other BD zones. This would make sense if it is the intent of Council to allow building heights within the BD zone to be 30 feet above the street level at the street front in order to accommodate a 15-foot ground floor with a potential for a second story retail floor above (12-foot second story with an allowance for a 3+ foot building cornice). Revenue & Expenditures Fiscal Impact Attachments Link: Exhibit 1: Proposed Ordinance Link: Exhibit 2: Ordinance Exhibit A Link: Exhibit 3: Ordinance alternate 1 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/27/2006 02:36 PM APRV 2 Mayor Gary Haakenson 12/27/2006 02:44 PM APRV 3 Final Approval Sandy Chase 12/27/2006 02:46 PM APRV Form Started By: Rob Chave Started On: 12/27/2006 11:41 AM Final Approval Date: 12/27/2006 Packet Page 28 of 121 0006.90000 WSS/gjz 12/14/06 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING A NEW CHAPTER 16.43 RELATING TO BD -DOWNTOWN BUSINESS ZONING, AMENDING THE CITY' S ZONING MAP TO REZONE CERTAIN PROPERTY SPECIFIED THEREIN TO BD CATEGORIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of its Planning Board and held public hearings regarding draft BD zone proposals on September 18, 2006 and deliberated regarding those amendments on October 3 and December 12, 2006, and WHEREAS, the City Council finds that the amendment enacting new BD - Downtown Business zones complies with the criteria of the Edmonds Community Development Code in consideration of criteria or in conformance with the City's Comprehensive Plan and are in the best interest of the citizens of the City of Edmonds, and WHEREAS, the City Council has also received the recommendation of the Planning Board and held public hearings regarding amendments to the City's zoning map to enact certain changes to the zoning of properties within the BD -Downtown business zone, and WHEREAS, following public hearings on the aforementioned dates and the deliberation of City Council, the Council adopts the recommendation of its Planning Board, finding that the amendment of the City's zoning map and the rezone of the properties specified therein in the attached Exhibit A are in conformance with the requirements and decisional criteria of the Edmonds Community Development Code, are consistent with the City's {WSS648055.DOC;1/00006.900000/} - I - Packet Page 29 of 121 Comprehensive Plans and are in the best interests of the health, safety and welfare of the citizens of the City of Edmonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code is hereby amended by the enactment of a new Chapter 16.43 BD -Downtown Business zone to read as follows: Chapter 16.43 BD — DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Sub -districts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC. A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. C. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multi -family residential uses. 16.43.010 Sub -districts. The "Downtown Business" zone is subdivided into five (5) distinct sub -districts, each intended to implement specific aspects of the Comprehensive Plan that pertain to the Downtown Waterfront Activity Center. Each sub -district contains its own unique mix of uses and zoning regulations, as described in this chapter. The five sub -districts are: {WSS648055.DOC;1/00006.900000/} - 2 - Packet Page 30 of 121 BD — Downtown Retail Core BD2 — Downtown Mixed Commercial BD3 — Downtown Convenience Commercial BD4 — Downtown Mixed Residential BD5 — Downtown Arts Corridor 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive X X X X X outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services Enclosed fabrication or A A A A A assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on -site retail outlet open to the public Automobile sales and service X A A X X Dry cleaning and laundry plants C A A A X which use only nonflammable and nonexplosive cleaning agents Printing, publishing and binding C A A A C establishments Community -oriented open air A A A A A markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code {wss648055.DOC,1/00006.900000/} - 3 - Packet Page 31 of 121 Permitted Uses BD1 BD2 BD3 BD4 BD5 Residential Uses Single family dwelling A A A A A Multiple dwelling units A A A A A Other Uses Bus stop shelters A A A A A Churches, subject to the A A A A A requirements of ECDC 17.100.020 Primary and high schools A A A A A subject to the requirements of ECDC 17.100.050(G) through R Local public facilities subject to C C C A C the requirements of ECDC 17.100.050 Neighborhood parks, natural A A A A A open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 Off-street parking and loading B B B B B areas to serve a permitted use Commuter parking lots in B B B B X conjunction with a facility otherwise permitted in this zone Commercial parking lots C C C C X Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding C C C C C vehicle or livestock auctions Drive-in businesses C C A C X Laboratories X C C C X {WSS648055.DOC;1/00006.900000/1 - 4 - Packet Page 32 of 121 Permitted Uses BD1 BD2 BD3 BD4 BD5 Fabrication of light industrial X X C X X products not otherwise listed as a permitted use Day-care centers C C C A C Hospitals, health clinics, X C C A X convalescent homes, rest homes, sanitariums Museums and art galleries of A A A A A primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 Zoos, and aquariums of C C C C A primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 Counseling centers and X C C A X residential treatment facilities for current alcoholics and drug abusers Regional parks and community C C C C C parks without a master plan subject to the requirements of ECDC 17.100.070 Outdoor storage, incidental to a D D D D D permitted use Aircraft landings as regulated D D D D D by Chapter 4.80 ECC A=Permitted Primary Use B=Permitted Secondary Use C=Primary Uses Requiring a Conditional Use Permit D=Secondary Uses requiring a Conditional Use Permit X=Not Permitted {WSS648055.DOC;1/00006.900000/1 - S - Packet Page 33 of 121 For Conditional Uses listed in Table 16.43-1, above, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall be only be provided consistent with Chapter 18.80.060 ECDC. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four (4) feet in height along street lot lines shall only be permitted if they are at least 50% open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use, shall be decorated by a combination of at least two of the following: a. architectural features or details; b. artwork; c. landscaping. 16.43.030 Site development standards. A. Table 16.43-2. Site Development Standards BD1 5 13132 5 13133 5 BD4 3 5 BD5 5 Minimum Lot Area 0 0 0 0 0 Minimum Lot Width 0 0 0 0 0 Minimum Street Setback 0 0 0 0 0 Minimum Side Setback' 0 0 0 0 0 Minimum Rear Setback' 0 0 0 0 0 Maximum Height 2 25' 25' 25' 25' 25' Minimum Height of Ground Floor 4 15' 12' 12' 12' 12' ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in Chapter 16.43.030.0 ECDC. 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 60 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g. an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030.13.4 for further detail. {WSS648055.DOC;1/00006.900000/} - 6 - Packet Page 34 of 121 4 "Minimum height of ground floor" means the height measured from the base of the ground floor to the top of the ground floor ceiling plate, as illustrated in Figure 16.43-1. Figure 16.43-1 shows a ground floor height of 15 feet; note that the `finished' ceiling height is only approximately 11 feet in this example. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25%. 5 Site development standards for single family dwellings are the same as those specified for the RS-6 zone. Figure 16.43-1: Ground Floor Height Measurement B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. When a commercial use is located on the ground floor, the elevation of the ground floor and associated entry shall be within 7 inches of the grade level of the adjoining sidewalk. "Grade" shall be as measured at the entry location. 2. When the street frontage of a building is on a slope which does not allow both the elevation of the entry and ground floor to be entirely within 7 inches of the grade level of the sidewalk, the building may be designed so that either: a. The entry for the commercial portion of the ground floor is located within 7 inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor is within 7 inches of the grade level of the entry; or, {WSS648055.DOC;1/00006.900000/} -7- Packet Page 35 of 121 b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within 7 inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the 13135 zone, the primary entry shall always be on 4th Avenue. 3. Within the BD 1 zone, development on the ground floor shall consist of only commercial uses. Within the BD2, and BD3 zones, development on the ground floor shall consist of only commercial uses to a minimum building depth of 60 feet, as measured from the street front of the building. 4. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and 13133 zones in ECDC 16.43.030.B.3, above. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in Chapter 16.43.030.B.3, above, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four (4) feet in height above sidewalk grade unless it is at least 50% open, such as in a lattice pattern. 5. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in ECDC 16.43.030.B.3, above. When development of the ground floor does not conform to these requirements, then development within the 13135 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. "Orientation to 41h Avenue" shall mean that: At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e. ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on -site. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. Live/work space means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household. The live/work space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. {WSS648055.DOC;1/00006.900000/} - 8 - Packet Page 36 of 121 Figure 16.43- : 13135 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 6. Exceptions and clarifications. The regulations for the ground floor contained in ECDC 16.43.030.B.1-5 (above) apply with the following exceptions or clarifications. a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single-family use is the only permitted primary use located on the property. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement (i.e. when the first 60 feet of the building, as measured perpendicular to the street, is required to be in commercial use, parking may not be located within that 60 feet). However, for properties with less than 90 feet of depth measured from the street front, parking may be located in the rear -most 30 feet of the property, even if a portion of the parking extends into the first 60 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. d. Within the BD2, BD3 and BD4 zones, if the first 60 feet of the building as measured perpendicular to the street consists only of commercial uses and permitted secondary uses, then permitted multiple family residential unit(s) may be located behind the commercial uses. e. Within the BD 1 zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk. This provision does not apply to any residential uses located behind commercial uses. {WSS648055.DOC;1/00006.900000/} - 9 - Packet Page 37 of 121 f. Within the BD 1 zone, each commercial space located on the ground floor shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. The basic height limit is 25 feet (see definition of "height" detailed in Chapter 21.40.030 ECDC). 2. Step -back rules. The following rules apply when calculating the maximum building height for any building in the BD1, BD2, BD3, or BD4 zones (see Figures 16.43-2 and 16.43-3 for illustrated examples). a. An additional 5 feet of building height, not to exceed 30 feet, may be obtained if the building is designed to meet all of the following conditions: A building step -back is provided within 15 feet of any street front. Within the 15-foot step -back, the maximum building height is the lesser of 25 feet above grade at the property line (e.g. normally the back of sidewalk) or 30 feet above the "average level" as defined in Chapter 21.40.030 ECDC. For corner lots, a 15-foot step -back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e. less than 40 feet of lot width) to enable it to provide the required step - back on both street fronts, then the step -back may be waived facing the secondary street. This waiver may not be granted for building step -backs required from Fifth Avenue, Dayton, or Main Streets. ii. A 15-foot step -back is provided from the property line opposite the street front. Within the 15-foot step -back, the maximum building height is the lesser of 25 feet above grade or 30 feet above the "average level" as defined in Chapter 21.40.030 ECDC. For corner lots for which a 15-foot step -back is required on more than one street front, there is no 15-foot step -back required from the property line opposite each street front. For the purpose of determining step -back requirements, alleys are not considered to be streets. iii. A building setback, in which the entire building is set back from the property line, may be substituted on a foot -for -foot basis for the required building step -back. For example, a 5-foot building setback can be combined with a 10-foot building step -back to meet the 15-foot step -back requirement. {WSS648055.DOC;1/00006.900000/} - 10 - Packet Page 38 of 121 Nbpww 1 2: UpMl Exampk ---- -------=-- AWap Lewd forhowjM CAWAM ------ acrade -- ----- 3W H@t LhRfhw'a mriw Immr Allowed bukft heWt ernelope hfiNCAf�It r� ------- pia Zr4rj. 4 t�ar�r . ovipid TTTTTTT 7lRH,Lwl�an'1aeeYawi' { WSS648055.DOC;1/00006.900000/} Packet Page 39 of 121 -11- 3. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof are at least 6-in-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. b. If the building does not make use of a pitched roof system as described in (a), above, step backs shall be required the same as for the BD2 zone, as described in ECDC 16.43.030.C.2. 4. Height exceptions. In addition to the height exceptions listed in Chapter 21.40.030 ECDC, the following architectural features are allowed to extend above the height limits specified in this Chapter. a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of 5 feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or fagade of the building. The decorative architectural element shall not cover more than 5% of the roof area of the building. 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 ECDC 17.50 — Off -Street Parking Regulations, the provisions of this Chapter shall apply. 1. No parking is required for any permitted uses located within the BD 1 zone. Within the BD 1 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 BD2, BD4, and BD5 zones. 3. No parking is required for any floor area in any building with a total building footprint of less than 4,800 square feet. E. Open Space Requirements For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least 5% of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10%. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of: a. outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. public plaza or sidewalk that is accessible to the public; c. landscaping which includes a seating area that is accessible to the public. [Note: minimum % or sq. ft. requirement?] {WSS648055.DOC;1/00006.900000/} - 12 - Packet Page 40 of 121 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75% of the depth of the open space, measured relative to the street (i.e. width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). Pwa M43-4: BW§db" Sba. WkNh and Dpan ftow Example: e �t�tg � trf 9�r feet w B{IIiN1@ TAM is 120feet rwqjhW rm to U am o due f6 lot area- O • Open space `r2 Ford to®tom lfies_Qb_ >�lol. requirement Lot Lines Building Area r--------------- T---------------- --------------- —.----------------. I I I I : I : I . I I . I e I . Total Lot Area = 14,400 sq. ft. ; : I . I Building Footprint = 13,650 sq- ft- ; I {Open Space Required = 720 sq. ft: I • I e I • I I I • I I I • 1 e I • 1 e Building Width Parallel to SfreeVROW 1201-0" ; I I I . Y e e e Open Space e , • 750 sq. ff. e ! I • I I ■ • I I 1 U I I I laaa�aaaaa:��.aaaa3aaaaaa�aaa�aaaraea��ra��.aa�aa�aaal----------------• F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds Register of Historic Buildings. If a certificate of appropriateness is issued by the Edmonds Historic Preservation Commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Staff decision — Notice required, as provided for in ECDC 20.95.050. a. Building step backs required under ECDC 16.43.030.C.2. b. Open space required under ECDC 16.43.030.E. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds Register of Historic Buildings. Note that additional parking exceptions involving building expansion, remodeling or restoration may also apply, as detailed in 17.50.070.C. { WSS648055.DOC;1/00006.900000/} Packet Page 41 of 121 -13- 3. Within the BD5 zone, if a building listed on the Edmonds Register of Historic Buildings is retained on site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the City shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. [Note: update of sign code is required] J. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. [Note: update required to 16.20.050 to reflect 2 meters for commercial antennas.] 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 7. Bistro and outdoor dining meeting the criteria of Chapter 17.70.040 ECDC. 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. Section 2. The official zoning map of the City of Edmonds is hereby amended to reflect the changes shown on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Such incorporated changes amend the zoning of certain downtown properties to rezone such properties in conformance with the attached Exhibit A. The Development Services {WSS648055.DOC;1/00006.900000/} - 14 - Packet Page 42 of 121 Director or his designee is hereby authorized to effectuate such changes to the official zoning map of the City. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS648055.DOC;1/00006.900000/} - 15 - Packet Page 43 of 121 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2006, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING CHAPTER 16.43 RELATING TO BD -DOWNTOWN BUSINESS ZONING, AMENDING THE CITY' S ZONING MAP TO REZONE CERTAIN PROPERTY SPECIFIED THEREIN TO BD CATEGORIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2006. CITY CLERK, SANDRA S. CHASE {WSS648055.DOC;1/00006.900000/}- 16 - Packet Page 44 of 121 Proposed New Downtown Zones BD1 = Downtown Retail Core BD2 = Downtown Mixed Commercial P� BD3 = Downtown Conveniehce Commercial BD4 = Downtown Mixed Residential BD5 = Downtown Arts C�rridor RM-1.5 = Multi Family RM-1.5 FO Planning Board Recomm nda n 712612006 eF< ST 14J DAYTON ST � � N Q j W Q Q Z � 2 ur 52 AL T O w 0 Q x GLEN ST I Packet Page 45 of 121 0006.90000 WSS/gjz 12/14/06 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING A NEW CHAPTER 16.43 RELATING TO BD -DOWNTOWN BUSINESS ZONING, AMENDING THE CITY'S ZONING MAP TO REZONE CERTAIN PROPERTY SPECIFIED THEREIN TO BD CATEGORIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of its Planning Board and held public hearings regarding draft BD zone proposals on September 18, 2006 and deliberated regarding those amendments on October 3 and December 12, 2006, and WHEREAS, the City Council finds that the amendment enacting new BD - Downtown Business zones complies with the criteria of the Edmonds Community Development Code in consideration of criteria or in conformance with the City's Comprehensive Plan and are in the best interest of the citizens of the City of Edmonds, and WHEREAS, the City Council has also received the recommendation of the Planning Board and held public hearings regarding amendments to the City's zoning map to enact certain changes to the zoning of properties within the BD -Downtown business zone, and WHEREAS, following public hearings on the aforementioned dates and the deliberation of City Council, the Council adopts the recommendation of its Planning Board, finding that the amendment of the City's zoning map and the rezone of the properties specified therein in the attached Exhibit A are in conformance with the requirements and decisional criteria of the Edmonds Community Development Code, are consistent with the City's {WSS648055.DOC;1/00006900000/} - I - Packet Page 46 of 121 Comprehensive Plans and are in the best interests of the health, safety and welfare of the citizens of the City of Edmonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code is hereby amended by the enactment of a new Chapter 16.43 BD -Downtown Business zone to read as follows: Chapter 16.43 BD — DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Sub -districts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC. A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. C. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multi -family residential uses. 16.43.010 Sub -districts. The "Downtown Business" zone is subdivided into five (5) distinct sub -districts, each intended to implement specific aspects of the Comprehensive Plan that pertain to the Downtown Waterfront Activity Center. Each sub -district contains its own unique mix of uses and zoning regulations, as described in this chapter. The five sub -districts are: {WSS648055.DOC;1/00006900000/} - 2 - Packet Page 47 of 121 BD1 Downtown Retail Core BD2 — Downtown Mixed Commercial BD3 — Downtown Convenience Commercial BD4 — Downtown Mixed Residential BD5 — Downtown Arts Corridor 16.43.020 Uses. A. Table 16.43-1. Permitted Uses 13131 13132 13133 13134 13135 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive X X X X X outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services Enclosed fabrication or A A A A A assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on -site retail outlet open to the public Automobile sales and service X A A X X Dry cleaning and laundry plants C A A A X which use only nonflammable and nonexplosive cleaning agents Printing, publishing and binding C A A A C establishments Community -oriented open air A A A A A markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code IWSS648055.DOC;1/00006.900000/} - 3 - Packet Page 48 of 121 Permitted Uses BD1 BD2 BD3 BD4 BD5 Residential Uses Single family dwelling A A A A A Multiple dwelling unit(s) A A A A A Other Uses Bus stop shelters A A A A A Churches, subject to the A A A A A requirements of ECDC 17.100.020 Primary and high schools A A A A A subject to the requirements of ECDC 17.100.050(G) through (R) Local public facilities subject to C C C A C the requirements of ECDC 17.100.050 Neighborhood parks, natural A A A A A open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 Off-street parking and loading B B B B B areas to serve a permitted use Commuter parking lots in B B B B X conjunction with a facility otherwise permitted in this zone Commercial parking lots C C C C X Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding C C C C C vehicle or livestock auctions Drive-in businesses C C A C X Laboratories X C C C X IWSS648055.DOC;1/00006.900000/} Packet Page 49 of 121 Permitted Uses BD1 BD2 BD3 BD4 BD5 Fabrication of light industrial X X C X X products not otherwise listed as a permitted use Day-care centers C C C A C Hospitals, health clinics, X C C A X convalescent homes, rest homes, sanitariums Museums and art galleries of A A A A A primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 Zoos, and aquariums of C C C C A primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 Counseling centers and X C C A X residential treatment facilities for current alcoholics and drug abusers Regional parks and community C C C C C parks without a master plan subject to the requirements of ECDC 17.100.070 Outdoor storage, incidental to a D D D D D permitted use Aircraft landings as regulated D D D D D by Chapter 4.80 ECC A=Permitted Primary Use B=Permitted Secondary Use C=Primary Uses Requiring a Conditional Use Permit D=Secondary Uses requiring a Conditional Use Permit X=Not Permitted IWSS648055.DOC;1/00006.900000/} - 5 - Packet Page 50 of 121 For Conditional Uses listed in Table 16.43-1, above, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: Access and parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall be only be provided consistent with Chapter 18.80.060 ECDC. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four (4) feet in height along street lot lines shall only be permitted if they are at least 50% open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use, shall be decorated by a combination of at least two of the following: a. architectural features or details; b. artwork; c. landscaping. 16.43.030 Site development standards. A. Table 16.43-2. Site Development Standards BD 5 13132 5 13133 5 13134 3 5 13135 5 Minimum Lot Area 0 0 0 0 0 Minimum Lot Width 0 0 0 0 0 Minimum Street Setback 0 0 0 0 0 Minimum Side Setback' 0 0 0 0 0 Minimum Rear Setback' 0 0 0 0 0 Maximum Height 2 25' 25' 25' 25' 25' Minimum Height of Ground Floor 4 15' 12' 12' 12' 12' ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in Chapter 16.43.030.0 ECDC. 3 Within the 13134 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 60 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g. an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030.13.4 for further detail. {WSS648055.DOC;1/00006900000/} - 6 - Packet Page 51 of 121 4 "Minimum height of ground floor" means the height measured from the base of the ground floor to the top of the ground floor ceiling plate, as illustrated in Figure 16.43-1. Figure 16.43-1 shows a ground floor height of 15 feet; note that the `finished' ceiling height is only approximately 11 feet in this example. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25%. 5 Site development standards for single family dwellings are the same as those specified for the RS-6 zone. Figure 16.43-1: Ground Floor Height Measurement f 1 B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. When a commercial use is located on the ground floor, the elevation of the ground floor and associated entry shall be within 7 inches of the grade level of the adjoining sidewalk. "Grade" shall be as measured at the entry location. 2. When the street frontage of a building is on a slope which does not allow both the elevation of the entry and ground floor to be entirely within 7 inches of the grade level of the sidewalk, the building may be designed so that either: a. The entry for the commercial portion of the ground floor is located within 7 inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor is within 7 inches of the grade level of the entry; or, {WSS648055.DOC;1/00006900000/} -7- Packet Page 52 of 121 b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within 7 inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 3. Within the BD 1 zone, development on the ground floor shall consist of only commercial uses. Within the BD2, and BD3 zones, development on the ground floor shall consist of only commercial uses to a minimum building depth of 60 feet, as measured from the street front of the building. 4. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in ECDC 16.43.030.B.3, above. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in Chapter 16.43.030.B.3, above, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four (4) feet in height above sidewalk grade unless it is at least 50% open, such as in a lattice pattern. 5. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in ECDC 16.43.030.B.3, above. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. "Orientation to 4th Avenue" shall mean that: At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e. ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on -site. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. Live/work space means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household. The live/work space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. {WSS648055.DOC;1/00006900000/} - 8- Packet Page 53 of 121 Figure 16.43-_: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 6. Exceptions and clarifications. The regulations for the ground floor contained in ECDC 16.43.030.13.1-5 (above) apply with the following exceptions or clarifications. a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single-family use is the only permitted primary use located on the property. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement (i.e. when the first 60 feet of the building, as measured perpendicular to the street, is required to be in commercial use, parking may not be located within that 60 feet). However, for properties with less than 90 feet of depth measured from the street front, parking may be located in the rear -most 30 feet of the property, even if a portion of the parking extends into the first 60 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. d. Within the BD2, BD3 and BD4 zones, if the first 60 feet of the building as measured perpendicular to the street consists only of commercial uses and permitted secondary uses, then permitted multiple family residential unit(s) may be located behind the commercial uses. Within the BD 1 zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk. This provision does not apply to any residential uses located behind commercial uses. {WSS648055.DOC;1/00006900000/} - 9 - Packet Page 54 of 121 f. Within the BD 1 zone, each commercial space located on the ground floor shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. The basic height limit is 25 feet (see definition of "height" detailed in Chapter 21.40.030 ECDC). 2. Step -back rules. The following rules apply when calculating the maximum building height for any building in the specified zonefs) (see Figures 16.43-2 and 16.43-3 for illustrated examples). a. Within the BD2, BD3, or BD4 zones, Arran additional 5 feet of building height, not to exceed 30 feet, may be obtained if the building is designed to meet all of the following conditions: A building step -back is provided within 15 feet of any street front. Within the 15-foot step -back, the maximum building height is the lesser of 25 feet above grade at the property line (e.g. normally the back of sidewalk) or 30 feet above the "average level" as defined in Chapter 21.40.030 ECDC. For corner lots, a 15-foot step -back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e. less than 40 feet of lot width) to enable it to provide the required step - back on both street fronts, then the step -back may be waived facing the secondary street. This waiver may not be granted for building step -backs required from Fifth Avenue, Dayton, or Main Streets. ii. A 15-foot step -back is provided from the property line opposite the street front. Within the 15-foot step -back, the maximum building height is the lesser of 25 feet above grade or 30 feet above the "average level" as defined in Chapter 21.40.030 ECDC. For corner lots for which a 15-foot step -back is required on more than one street front, there is no 15-foot step -back required from the property line opposite each street front. For the purpose of determining step -back requirements, alleys are not considered to be streets. iii. A building setback, in which the entire building is set back from the property line, may be substituted on a foot -for -foot basis for the required building step -back. For example, a 5-foot building setback can be combined with a 10-foot building step -back to meet the 15-foot step -back requirement. b. Within the BD zone, an additional 5 feet of building height, not to exceed 30 feet, may be obtained if the buildingis s designed to meet all of the conditions specified under ECDC 16.43.030.C.2.a.(i-iii), except that within the 15-foot step -back, the maximum building height is the lesser of 30 feet above grade at the property line (e.g. normally the back of sidewalk) or 30 feet above the "average level" as defined in Chapter 21.40.030 ECDC.: {WSS648055.DOC;1/00006900000/} - 10 - Packet Page 55 of 121 , -w I � .,—., ,_...,.•��-�--._ :—: �.'� mar qf Avamp Lead lbr hd4t parr .—_—.— Offow grade •��r�rr '�fl' New! L.trii Tarn �r�rsg�e Urrx�' �. All—allhoWenvdaps F■M how wood W d#R wpw ��'C' �,� �' "ih�■ � Kral iR Nir�rlhan Maw �. W4r XFWJ4Tp e — i LmdtrhW*=kWda Cl g'I07ft WNOW Limit am'wlgm ct lam# M0-d 1KO { W S 5648055.DOC;1 /00006.900000/} Packet Page 56 of 121 3. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof are at least 6-in-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. b. If the building does not make use of a pitched roof system as described in (a), above, step backs shall be required the same as for the BD2 zone, as described in ECDC 16.43.030.C.2. 4. Height exceptions. In addition to the height exceptions listed in Chapter 21.40.030 ECDC, the following architectural features are allowed to extend above the height limits specified in this Chapter. a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of 5 feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or fagade of the building. The decorative architectural element shall not cover more than 5% of the roof area of the building. 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 ECDC 17.50 — Off -Street Parking Regulations, the provisions of this Chapter shall apply. 1. No parking is required for any permitted uses located within the BD zone. 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 BD2, BD4, and BD5 zones. 3. No parking is required for any floor area in any building with a total building footprint of less than 4,800 square feet. E. Open Space Requirements For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least 5% of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10%. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of a. outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. public plaza or sidewalk that is accessible to the public; c. landscaping which includes a seating area that is accessible to the public. [Note: minimum % or sq. ft. requirement?] {WSS648055.DOC;1/00006900000/} - 12 - Packet Page 57 of 121 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75% of the depth of the open space, measured relative to the street (i.e. width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). Fhpm M". Bdtding 81e, Vldtb amd Op m 8plllillxilllli Example: 6 an 1MW 1iW kSs, Mon#r .IUM12a feet. +s Bwidwy Modth is 120 feet. oiaaa eeqm'ad d= is Q due to lot area_ a • Open space the *% of kd Wea requirement- ------- Lot Lines _ Building Area a a a a t s • m Total Lot Area = 14,400 sq. ft. • Building Footprint = 13,650 sq_ ft. • bpen Space Required = 720 sq. ft, • : 8%iiding Width Parallel to 5treetiRC?i+A 120'-0' i a • i a • a a a : Open Space • 750 sq. ft. F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds Register of Historic Buildings. If a certificate of appropriateness is issued by the Edmonds Historic Preservation Commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Staff decision — Notice required, as provided for in ECDC 20.95.050. a. Building step backs required under ECDC 16.43.030.C.2. b. Open space required under ECDC 16.43.030.E. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds Register of Historic Buildings. Note that additional parking exceptions involving building expansion, remodeling or restoration may also apply, as detailed in 17.50.070.C. { WSS648055.DOC;1 /00006900000/} Packet Page 58 of 121 -13- 3. Within the BD5 zone, if a building listed on the Edmonds Register of Historic Buildings is retained on site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the City shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. [Note: update of sign code is required] J. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. [Note: update required to 16.20.050 to reflect 2 meters for commercial antennas.] 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses, 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 7. Bistro and outdoor dining meeting the criteria of Chapter 17.70.040 ECDC. 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. Section 2. The official zoning map of the City of Edmonds is hereby amended to reflect the changes shown on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Such incorporated changes amend the zoning of certain downtown properties to rezone such properties in conformance with the attached Exhibit A. The Development Services {WSS648055.DOC;1/00006900000/} - 14 - Packet Page 59 of 121 Director or his designee is hereby authorized to effectuate such changes to the official zoning map of the City. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS648055.DOC;1/00006900000/} - 15 - Packet Page 60 of 121 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2006, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING CHAPTER 16.43 RELATING TO BD -DOWNTOWN BUSINESS ZONING, AMENDING THE CITY'S ZONING MAP TO REZONE CERTAIN PROPERTY SPECIFIED THEREIN TO BD CATEGORIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2006. CITY CLERK, SANDRA S. CHASE {WSS648055.DOC;1/00006.900000/}- 16 - Packet Page 61 of 121 AM-783 9. Repeal Ordinance No. 3608 - Moratorium in the Central Business District Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Rob Chave, Planning Submitted For: Rob Chave Time: 5 Minutes Department: Planning Type: Action Review Committee: Action: Agenda Memo Subiect Title Proposed Ordinance repealing Ordinance No. 3608 establishing a moratorium within the City's central business district. Recommendation from Mayor and Staff Approve the proposed ordinance (Exhibit 1). Previous Council Action The City Council adopted Ordinance #3530 which established a moratorium on new building approvals exceeding 25 feet in height within the BC zone. The council most recently extended the moratorium by adopting Ordinance #3608. Narrative On December 12, 2006, with approval of the new BD - Downtown Business zones, the City Council voted to remove the current moratorium on buildings exceeding 25 feet within the existing BC zone. The draft ordinance included in Exhibit 1 has been drafted by the City Attorney to implement this action. Link: Exhibit 1: Proposed Ordinance Revenue & Expenditures Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/27/2006 02:40 PM APRV 2 Mayor Gary Haakenson 12/27/2006 02:44 PM APRV 3 Final Approval Sandy Chase 12/27/2006 02:46 PM APRV Form Started By: Rob Chave Started On: 12/27/2006 12:16 PM Final Approval Date: 12/27/2006 Packet Page 62 of 121 0006.90000 WSS/gjz 12/14/06 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING ORDINANCE NO. 3608 ESTABLISHING A MORATORIUM WITHIN THE CITY'S CENTRAL BUSINESS DISTRICT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to series of ordinances, the City Council established and has maintained a moratorium on construction in certain designated downtown business districts above 25 feet in order to resolve building height calculations, and WHEREAS, by the enactment of a contemporary ordinance, the City Council has amended the City Code to clarify height restrictions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3608 is hereby repealed. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON {WSS64805LDOC;1/00006.900000/} - I - Packet Page 63 of 121 ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS648051.DOC;1/00006.900000/} - 2 - Packet Page 64 of 121 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2006, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING ORDINANCE NO. 3608 ESTABLISHING A MORATORIUM WITHIN THE CITY' S CENTRAL BUSINESS DISTRICT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 92006. CITY CLERK, SANDRA S. CHASE {WSS648051.DOC;1/00006.900000/1- 3 - Packet Page 65 of 121 AM-784 10. Street Setbacks and Landscape Standards in the CG and CG-2 Zone Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Rob Chave, Planning Time: 20 Minutes Department: Planning Type: Action Review Committee: Action: Agenda Memo Subiect Title Public hearing on the Planning Board recommendation regarding street setbacks and landscape standards in the CG and CG-2 Zone. Recommendation from Mayor and Staff Direct the City Attorney to prepare an ordinance to implement the proposed code language changes as shown in Exhibit 1. Previous Council Action City Council approved an amendment to the CG and CG2 zones on November 6, 2006, but directed the Planning Board to review the provisions regarding street setbacks and landscaping (see the City Council minutes contained in Attachment 3 of Exhibit 2). Narrative After a public hearing, the City Council approved an amendment to the CG and CG2 zones on November 6, 2006, but directed the Planning Board to review the provisions regarding street setbacks and landscaping. The packet of material prepared for the Planning Board (Exhibit 2) summarizes the issues and the staff s recommendations. The Planning Board held a public hearing on December 13, 2006, and after deliberating, recommended that the code language amendments suggested by staff be approved by the City Council. Exhibit 1 shows how the Council -approved CG and CG2 language would be modified to implement the Planning Board's recommendation. The only changes recommended by the Planning Board are on pages 5 and 6 of Exhibit 1, and essentially establish a 4-foot landscaped street setback within the CG and CG2 zones. Note that larger setbacks would still be required when CG or CG2 properties abut residentially zoned property. The recommended changes would address the street setback and landscaping issues raised during the City Council's November 6, 2006, public hearing. Exhibit 3 contains the Planning Board minutes, while Exhibit 4 is a handout received by the Planning Board during their hearing. Revenue & Expenditures Fiscal Impact i Attachments Link: Exhibit 1: CG Zone setback changes Link: Exhibit 2: Planning Board hearing packet Link: Exhibit 3: Planning Board minutes Link: Exhibit 4: PB Magic Toyota handout Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/27/2006 02:45 PM APRV 2 Mayor Gary Haakenson 12/27/2006 02:46 PM APRV 3 Final Approval Sandy Chase 12/27/2006 02:47 PM APRV Form Started By: Rob Chave Started On: 12/27/2006 01:27 PM Final Approval Date: 12/27/2006 Packet Page 66 of 121 Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Sections: 16.60.000 CG and CG2 zones. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design Standards. 16.60.040 Operating restrictions. 16.60.000 CG and CG2 zones. This chapter establishes the general commercial zoning district comprised of two distinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.60.020(A). [Ord. 2527 § 7, 1985]. 16.60.005 Purposes. The CG and CG2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage the development and retention of commercial uses which provide high economic benefit to the city. Mixed use and transit -oriented developments are encouraged which provide significant commercial uses as a component of an overall mixed development scheme. B. Improve access and circulation for people by encouraging a development pattern that supports transit and pedestrian access. Improve vehicular circulation and access to support business and economic development. C. Provide and encourage the opportunity for different sections along the Highway 99 corridor to emphasize their unique characteristics and development opportunities rather than require the corridor to develop as an undifferentiated continuum. New development should be high -quality and varied — not generic — and include amenities for pedestrians and patrons. D. Encourage a variety of uses and building types. A variety of uses and building types is appropriate to take advantage of different opportunities and conditions. Where designated in the Comprehensive Plan, the zoning should encourage mixed use or taller high-rise development to occur. E. Encourage development that is sensitive to surrounding neighborhoods. Protect residential qualities and connect businesses with the local community. Pedestrian connections should be made available as part of new development to connect residents to appropriate retail and service uses. F. New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities Highway 99 CG c& CG2 Zones Packet Page 67 of 121 Page I provided contribute to the overall character and quality of the corridor. Where intense development adjoins residential areas, site design (including buffers, landscaping, and the arrangement of uses) and building design should be used to minimize adverse impacts on residentially -zoned properties. G. Upgrade the architectural and landscape design qualities of the corridor. Establish uniform signage regulations for all properties within the corridor area which provide for business visibility and commerce while minimizing clutter and distraction to the public. Make the corridor more attractive and pedestrian -friendly (e.g., add trees and landscaping) through a combination of development requirements and — when available — public investment. H. Within the Corridor, highrise nodes designated in the Comprehensive Plan should provide for maximum economic use of suitable commercial land. Highrise nodes should be: • Supported by adequate services and facilities; • Designed to provide a visual asset to the community through the use of distinctive forms and materials, differentiated facades, attractive landscaping, and similar techniques. • Designed to take advantage of different forms of access, including automobile, transit and pedestrian access. • Designed to provide adequate buffering from lower intensity uses and residential neighborhoods. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 2. Any additional use except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 3. Halfway houses; 4. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015">16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Storage facilities or outdoor storage areas secondary or integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales. Such outdoor storage or display areas shall be designed and organized to meet the design standards for parking areas for the CG zone, contained in this Chapter. Highway 99 CG c& CG2 Zones Packet Page 68 of 121 Page 2 C. Prohibited Uses. 1. Residential Uses located within the first or second story of any structure, in areas designated "Highway 99 Corridor" or "High-rise Node" on the comprehensive plan map. There are two exceptions to this prohibition: a. Residential uses may be allowed as part of large-scale mixed use developments, as described in Section 16.60.020.B; and, b. Residential uses are allowed on the second floor of buildings that are not located in areas designated as "High-rise Node" on the comprehensive plan map and which are not located on lots that have frontage on Highway 99. 2. Mobile Home parks. 3. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted commercial or residential use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC; 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (a) expressive dance; (b) plays, operas, musicals, or other dramatic works; (c) classes, seminars, or lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or other similar medical facility for health -related purposes; and (g) all movies and videos that are rated G, PG, PG-1 3, R, and NC-17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the following protected zones whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; Highway 99 CG & CG2 Zones Page 3 Packet Page 69 of 121 d. A public or private primary or secondary school; e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; and f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section, to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance From Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 3117 § 16, 1996]. Highway 99 CG c& CG2 Zones Packet Page 70 of 121 Page 4 16.60.020 Site development standards — General. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Minimum Maximum Minimum Minimum Street Side/Rear Maximum Floor Lot Area Lot Width Setback Setback Height Area CG None None 4-54'2 None' 1 600 None CG2 None None 1 454'2 None' 1 75'3 None Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other provision of this code. 2 Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the Comprehensive Plan map. B. Mixed Use Developments. 1. A mixture of commercial and residential uses, including residential uses located on the first or second floors of buildings, may be permitted for developments meeting the following requirements: a. The proposed development's combined site area is at least two (2) acres. b. Floor area equivalent to the combined total leaseable area of the first (ground) floor for all buildings located on the site is devoted to commercial use. This commercial floor area may be provided in any manner desirable on -site, except that for all buildings oriented to and facing frontage streets, the street -facing portions of the ground floor shall be occupied by commercial uses. Parking area(s) are excluded from this calculation. This requirement is not intended to require commercial uses facing service drives, alleys, or other minor access easements that are not related to the main commercial streets serving the site. 16.60.030 Site development standards — Design Standards. Design review by the Architectural Design Board is required for any project that includes buildings exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not exceeding these height limits may be reviewed by staff as a staff decision. Regardless of what review process is required, all projects proposed in the CG or CG2 zone must meet the design standards contained in this section (16.60.030). A. Screening and Buffering 1. General a. SGreen all parkiRg fFOM view from publiG walkways with grills, .� }, latt+C�etG. ^r Tripe 1 egetatie�'rr 36 !RG inn. ba. Retaining walls facing adjacent property or public rights -of -way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. eb. Landscape buffers are not required in land use zones with no required building setback. Highway 99 CG c& CG2 Zones Packet Page 71 of 121 Page 5 �c Tree landscaping may be clustered to block the view of a parking lot, yet allow visibility to signage and building entry. ed. Landscape buffers shall be integrated into the design and layout of water detention and treatment elements, to minimize the physical and visual impacts of the water quality elements. f Type III shall be usebetween parking and the street fee GE)mm�eFGial E mixed use nrejeGtc ge. All parking lots are required to provide Type V interior landscaping. hf. Type I landscaping is required for commercial, institutional and medical uses adjacent to single-family or multi -family zones. The buffer shall be a minimum of ten feet in width and continuous in length. +g. Type I is required for residential parking areas adjacent to single-family zones. The buffer shall be a minimum of four feet in width and continuous in length. it. Type I landscaping is required for office and multi -family projects adjacent to single-family zones. The buffer shall be a minimum of four feet in width and ten feet in height and continuous in length. ki. If there is a loading zone and/or trash compactor area next to a single- family or multi -family zone, there shall be a minimum of a six-foot high concrete wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. li. Landscape buffers, Type I, shall be used in parking areas adjacent to single-family zones. n4k. When no setback is otherwise required, Type III landscaping three feet in width and continuous in length is required between uses in the same zone. 2. Parking Lots Abutting Streets. a. Type IV landscaping, minimum four feet wide, is required along all street frontages. b. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls, ii. Type I planting and a grill that is 25 percent opaque, iii. Grill work that is at least 80 percent opaque, or iv. Type III landscaping. B. Access and Parking 1. Not more than 50% of total project parking spaces may be located between the building's front facade and the primary street. 2. Parking lots may not be located on corner locations adjacent to public streets. 3. Paths within Parking Lots Highway 99 CG c& CG2 Zones Packet Page 72 of 121 Page 6 a. Pedestrian walkways in parking lots shall be delineated by separate paved routes that are approved by federal accessibility requirements and that use a variation in textures and/or colors as well as landscape barriers. b. Pedestrian access routes shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on -site buildings as well as pedestrian walkways that border the development. c. Pedestrian pathways shall be six feet in width and have two feet of planting on each side or have curb stops at each stall in the parking lot on one side and four feet of planting on the second side. i. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 4. Bonus for Parking Below Grade a. For projects where at least 50% of the parking is below grade or under the building, the following code requirements may be modified for the parking that is provided below -grade or under -building. — The minimum drive aisle width may be reduced to 22 feet. — The maximum ramp slope may be increased to 20%. — A mixture of full- and reduced -width parking stalls may be provided without meeting the ECDC requirement to demonstrate that all required parking could be provided at full -width dimensions. 5. Drive -through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, espresso stands, etc., shall comply with the following: a. Drive -through windows and stacking lanes shall not be located along the facades of the building that face a street. b. Drive -through speakers shall not be audible off -site. c. Only one direct entrance or exit from the drive -through shall be allowed as a separate curb cut onto an adjoining street. All remaining direct entrances/exits to the drive -through shall be internal to the site. 6. Pedestrian and Transit Access a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes if applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. c. When a transit or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the transit stop directly to the new development are required. C. Site Design and Layout 1. General. If a project is composed of similar building layouts that are repeated, then their location on the site design should not be uniform in its layout. If a project has a uniform site layout for parking and open spaces, then the buildings shall vary in form, materials, and/or identity. The following Highway 99 CG c& CG2 Zones Packet Page 73 of 121 Page 7 design elements should be considered, and a project shall demonstrate how at least 5 of the elements were used to vary the design of the site: a. building massing and unit layout, b. placement of structures and setbacks, c. location of pedestrian and vehicular facilities, d. spacing from position relative to adjoining buildings, e. composition and types of open space, plant materials and street trees, f. types of building materials and/or elements h. roof variation in slope, height and/or materials. 2. Individuality for Particular Structures a. If a project contains several new or old buildings of similar uses or massing, incorporate two of the following options to create identity and promote safety and feeling of ownership: i. Individual entry design for each building. ii. Create variety in arrangement of building forms in relation to site, parking, open spaces, and the street. iii. Create variety through facade materials and organization. iv. Create variety through roof forms. v. Vary the size/mass of the buildings so they are not uniform in massing and appearance. 3. Lighting a. All lighting shall be shielded and directed away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full "cut off" fixtures. b. Parking lots shall have lighting poles with a maximum of 25 feet in height. c. Pedestrian ways shall have low height lighting focused on pathway area. Pole height shall be a maximum of 14 feet although lighting bollards are prefered. d. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design and Massing 1. Buildings shall convey a visually distinct `base' and `top'. A `base' and `top' can be emphasized in different ways, such as masonry pattern, more architectural detail, step backs and overhangs, lighting, recesses, visible `plinth' above which the wall rises, storefront, canopies, or a combination thereof. They can also be emphasized by using architectural elements not listed above, as approved, that meet the intent. 2. In buildings with footprints of over 10,000 square feet, attention needs to be given to scale, massing, and fapade design so as to reduce the effect of large single building masses. Ways to accomplish this can include articulation, changes of materials, offsets, setbacks, angles or curves of facades, or by the use of distinctive roof forms. This can also be accomplished by using architectural elements not listed above, as approved, that meets the intent. Note that facade offsets or step -backs Highway 99 CG c& CG2 Zones Packet Page 74 of 121 Page 8 should not be applied to the ground floor of street -front facades in pedestrian -oriented zones or districts. 3. Alternatives to massing requirements may be achieved by: a. Creation of a public plaza or other open space may substitute for a massing requirement if the space is at least 1,000 sq. ft. in area. In commercial zones, this public space shall be a public plaza with amenities such as benches, tables, planters and other elements. b. Retaining or re -using an historic structure listed on the National Register or the Edmonds Register of Historic Places. Any addition or new building on the site must be designed to be compatible with the historic structure. 4. To ensure that buildings do not display blank, unattractive walls to the abutting streets or residential properties, walls or portions of walls abutting streets or visible from residentially -zoned properties shall have architectural treatment applied by incorporating at least four of the following elements into the design of the fagade: a. Masonry (except for flat concrete block) b. Concrete or masonry plinth at the base of the wall c. Belt courses of a different texture and color d. Projecting cornice e. Projecting metal canopy f. Decorative tilework g. Trellis containing planting h. Medallions i. Artwork or wall graphics j. Vertical differentiation k. Lighting fixtures m. An architectural element not listed above, as approved, that meets the intent. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off-street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010.13; 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 6. Community -oriented Open Air Markets or Seasonal Farmers Markets. 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. Highway 99 CG c& CG2 Zones Packet Page 75 of 121 Page 9 Item #b.ct. Edmonds Planning Board Agenda Memo �o o Meeting Date: December 13, 2006 Agenda Subject: Public Hearing on street setbacks and landscape requirements for CG and CG2 zones. Staff Lead 1 Robert Chave, Planning Manager Author: Initiated By: Q City Council ❑ Planning Board ❑ City Staff ❑ Citizen Request ❑ Other: This is a public hearing on options for street setback and landscaping requirements in General Commercial (CG and CG2) zones. These zones are located within the Highway 99 corridor. The City Council approved a revised set of standards for the CG and CG2 zones on November 6, 2006 (the minutes of that meeting are attached). During the Council hearing, it was noted that two provisions of the revised CG and CG2 zones had potentially conflicting standards. 1. The "site development standards" table contained in 16.60.020 requires that there be a 15-foot landscaped street setback: Minimum Minimum Maximum Minimum Minimum Street Side/Rear Maximum Floor Lot Area Lot Width Setback Setback Height Area CG None None 15'2 None' 60'3 None CG2 None I None 15'2 None' 75'3 None Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other provision of this code. '` Street setback area shall be fully landscaped. ' None for structures located within an area designated as a high-rise node on the Comprehensive Plan map. 2. 16.60.030.A.2.a (bottom 1/3 of page 6) states that, for parking lots abutting streets, "Type IV landscaping, minimum four feet wide, is required along all street frontages." Staff has also identified additional provisions of concern: City of Edmonds c�R Planning Board Packet Page 76 of 121 3. 16.60.030.A.1.a (bottom of page 5) requires that a general screening standard is to "Screen all parking from view from public walkways with grills, fences, lattice, etc. or Type I vegetation 36 inches high." 4. 16.60.030.A.1.f (top of page 6) requires that "Type III shall be used between parking and the street for commercial or mixed use projects." During the hearing, representatives of two auto dealerships noted that the 15-foot landscaped setback requirement would create difficulties in redeveloping their properties. For example, if a 15-foot landscaped buffer were required, this would require a significant portion of their land to be removed from active use. In addition, a concern was expressed that the required landscaping would obscure their outdoor display area, which is traditionally placed adjacent to the street front of the property. The 15-foot landscaped buffer requirement is an old zoning standard. Since the current code was adopted in 1980, substantial changes have occurred in the Highway 99 corridor, most notably the substantial corridor improvements (including sidewalks) completed during the late 1990s. The new landscape provisions included in the CG/CG2 update were developed as part of the 2001 draft design guidelines, and were intended to provide adequate landscape and buffer standards for development. The new landscape standards require more internal landscaping within large parking lots, so it snakes sense to allow property owners to compensate for some of the increase in land devoted to internal landscaping by requiring less at the perimeter of the property, This is also consistent with idea of encouraging more landscaping coverage to be spread throughout parking areas rather than clustered at the perimeter — it should encourage some moderation of the "heat island" effect of large barren parking lots. Combined with other city design standards, most notably the reasonably restrictive sign code, it seems that the 15-foot landscaped buffer requirement is outdated and counter -productive — especially when the city's expressed goal is to encourage significant economic development along the Highway 99 corridor. In light of the preceding discussion, Staff recommends the following changes: 1. Change the table and footnotes in 16.60.020 to read as follows: Minimum Minimum Maximum Minimum Minimum Street Side/Rear Maximum Floor Lot Area Lot Width Setback Setback Height Area CG None None 412 None' 60`3 None CG2 None None 4,2 None' 75'3 None Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other provision of this code. Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the Comprehensive Plan snap. 2. Delete sections 16.60.030.A.1.a and 16.60.030.A.1.f (as described above), and renumber the remaining sections under "A" accordingly. Packet Page 77 of 121 Attachments: Approved CG/CG2 zone. 2. Letters received on this issue. City Council minutes. 4. Highway 99 Task Force recommendation Packet Page 78 of 121 Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Sections: 16.60.000 CG and CG2 zones. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design Standards. 16.60.040 Operating restrictions. 16.60.000 CG and CG2 zones. This chapter establishes the general commercial zoning district comprised of two distinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.60.020(A). [Ord. 2527 § 7, 19851. 16.60.005 Purposes. The CG and CG2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage the development and retention of commercial uses which provide high economic benefit to the city. Mixed use and transit -oriented developments are encouraged which provide significant commercial uses as a component of an overall mixed development scheme. B. Improve access and circulation for people by encouraging a development pattern that supports transit and pedestrian access. Improve vehicular circulation and access to support business and economic development. C. Provide and encourage the opportunity for different sections along the Highway 99 corridor to emphasize their unique characteristics and development opportunities rather than require the corridor to develop as an undifferentiated continuum. New development should be high -quality and varied — not generic — and include amenities for pedestrians and patrons. D. Encourage a variety of uses and building types. A variety of uses and building types is appropriate to take advantage of different opportunities and conditions. Where designated in the Comprehensive Plan, the zoning should encourage mixed use or taller high-rise development to occur. E. Encourage development that is sensitive to surrounding neighborhoods. Protect residential qualities and connect businesses with the local community. Pedestrian connections should be made available as part of new development to connect residents to appropriate retail and service uses. E. New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities Highway 99 CG & CG2 Zones Page 1 Packet Page 79 of 121 ATTACHMENT 1 Planning Board Recommendation provided contribute to the overall character and quality of the corridor. Where intense development adjoins residential areas, site design (including buffers, landscaping, and the arrangement of uses) and building design should be used to minimize adverse impacts on residentially -zoned properties. G. Upgrade the architectural and landscape design qualities of the corridor. Establish uniform signage regulations for all properties within the corridor area which provide for business visibility and commerce while minimizing clutter and distraction to the public. Make the corridor more attractive and pedestrian -friendly (e.g., add trees and landscaping) through a combination of development requirements and —when available — public investment. H. Within the Corridor, highrise nodes designated in the Comprehensive Plan should provide for maximum economic use of suitable commercial land. Highrise nodes should be: • Supported by adequate services and facilities; • Designed to provide a visual asset to the community through the use of distinctive forms and materials, differentiated facades, attractive landscaping, and similar techniques. • Designed to take advantage of different forms of access, including automobile, transit and pedestrian access. • Designed to provide adequate buffering from lower intensity uses and residential neighborhoods. 16.60,010 Uses. A. Permitted Primary Uses, 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 2. Any additional use except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 3. Halfway houses; 4. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015">16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Storage facilities or outdoor storage areas secondary or integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales. Such outdoor storage or display areas shall be designed and organized to meet the design standards for parking areas for the CG zone, contained in this Chapter. Highway 99 CG & CGZ Zones Packet Page 80 of 121 Page 2 Planning Board Recommendation C. Prohibited Uses, 1. Residential Uses located within the first or second story of any structure, in areas designated "Highway 99 Corridor" or "High-rise Node" on the comprehensive plan map. There are two exceptions to this prohibition: a. Residential uses may be allowed as part of large-scale mixed use developments, as described in Section 16.60.020.13; and, b. Residential uses are allowed on the second floor of buildings that are not located in areas designated as "High-rise Node" on the comprehensive plan map and which are not located on lots that have frontage on Highway 99. 2. Mobile Home parks. 3. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted commercial or residential use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC; 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (a) expressive dance; (b) plays, operas, musicals, or other dramatic works; (c) classes, seminars, or lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or other similar medical facility for health -related purposes; and (g) all movies and videos that are rated G, PG, PG-13, R, and NC-17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the following protected zones whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; Highway 99 CG & CG2 Zones Page 3 Packet Page 81 of 121 d. A public or private primary or secondary school; e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; and f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section, to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance From Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 3117 § 16, 1996). Highway 99 CG & CG2 Zones Packet Page 82 of 121 Page 4 16.60.020 Site development standards -- General. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Minimum Maximum Minimum Minimum Street Side/Rear Maximum Floor Lot Area Lot Width Setback Setback Height Area CG None None 1512 Nonet 60'3 None CG2 None I None 15r2 None' 1 75'3 1 None Fifteen feet from all lot lines adjacent to RM or RS zoned properly regardless of the setback provisions established by any other provision of this code. Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the Comprehensive Plan map. B. Mixed Use Developments. 1. A mixture of commercial and residential uses, including residential uses located on the first or second floors of buildings, may be permitted for developments meeting the following requirements: a. The proposed development's combined site area is at least two (2) acres. b. Floor area equivalent to the combined total leaseable area of the first (ground) floor for all buildings located on the site is devoted to commercial use. This commercial floor area may be provided in any manner desirable on -site, except that for all buildings oriented to and facing frontage streets, the street -facing portions of the ground floor shall be occupied by commercial uses. Parking area(s) are excluded from this calculation. This requirement is not intended to require commercial uses facing service drives, alleys, or other minor access easements that are not related to the main commercial streets serving the site. 16.60.030 Site development standards — Design Standards. Design review by the Architectural Design Board is required for any project that includes buildings exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not exceeding these height limits may be reviewed by staff as a staff decision. Regardless of what review process is required, all projects proposed in the CG or CG2 zone must meet the design standards contained in this section (16,60.030). A. Screening and Buffering 1. General a. Screen all parking from view from public walkways with grills, fences, lattice, etc. or Type I vegetation 36 inches high. b. Retaining walls facing adjacent property or public rights -of -way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. c. Landscape buffers are not required in land use zones with no required building setback. Highway 99 CG & CG2 Zones Packet Page 83 of 121 Page 5 d. Tree landscaping may be clustered to block the view of a parking lot, yet allow visibility to signage and building entry. e. Landscape buffers shall be integrated into the design and layout of water detention and treatment elements, to minimize the physical and visual impacts of the water quality elements. f. Type III shall be used between parking and the street for commercial or mixed use projects. g. All parking lots are required to provide Type V interior landscaping. h. Type I landscaping is required for commercial, institutional and medical uses adjacent to single-family or multi -family zones. The buffer shall be a minimum of ten feet in width and continuous in length. i. Type I is required for residential parking areas adjacent to single-family zones. The buffer shall be a minimum of four feet in width and continuous in length. j. Type I landscaping is required for office and multi -family projects adjacent to single-family zones. The buffer shall be a minimum of four feet in width and ten feet in height and continuous in length. k. If there is a loading zone and/or trash compactor area next to a single- family or multi -family zone, there shall be a minimum of a six-foot high concrete wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. 1. Landscape buffers, Type I, shall be used in parking areas adjacent to single-family zones. m. When no setback is otherwise required, Type III landscaping three feet in width and continuous in length is required between uses in the same zone. 2. Parking Lots Abutting Streets. a. Type IV landscaping, minimum four feet wide, is required along all street frontages. b. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls, ii. Type I planting and a grill that is 25 percent opaque, iii. Grill work that is at least 80 percent opaque, or iv. Type III landscaping. B. Access and Parking 1. Not more than 50% of total project parking spaces may be located between the building's front facade and the primary street. 2. Parking lots may not be located on corner locations adjacent to public streets. 3. Paths within Parking Lots Highway 99 CG & CG2 Zones Packet Page 84 of 121 Page 6 Planning Board Recommendation a. Pedestrian walkways in parking lots shall be delineated by separate paved routes that are approved by federal accessibility requirements and that use a variation in textures and/or colors as well as landscape barriers. b. Pedestrian access routes shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on -site buildings as well as pedestrian walkways that border the development. c. Pedestrian pathways shall be six feet in width and have two feet of planting on each side or have curb stops at each stall in the parking lot on one side and four feet of planting on the second side. i. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 4. Bonus for Parking Below Grade a. For projects where at least 50% of the parking is below grade or under the building, the following code requirements may be modified for the parking that is provided below -grade or under -building. — The minimum drive aisle width may be reduced to 22 feet. — The maximum ramp slope may be increased to 20%. — A mixture of full- and reduced -width parking stalls may be provided without meeting the ECDC requirement to demonstrate that all required parking could be provided at full -width dimensions. 5. Drive -through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, espresso stands, etc., shall comply with the following: a. Drive -through windows and stacking lanes shall not be located along the facades of the building that face a street. b. Drive -through speakers shall not be audible off -site. c. Only one direct entrance or exit from the drive -through shall be allowed as a separate curb cut onto an adjoining street. All remaining direct entrances/exits to the drive -through shall be internal to the site. 6. Pedestrian and Transit Access a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes if applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. c. When a transit or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the transit stop directly to the new development are required. C. Site Design and Layout 1. General. If a project is composed of similar building layouts that are repeated, then their location on the site design should not be uniform in its layout. If a project has a uniform site layout for parking and open spaces, then the buildings shall vary in form, materials, and/or identity. The following Highway 99 CG & CG2 Zones Packet Page 85 of 121 Page 7 design elements should be considered, and a project shall demonstrate how at least 5 of the elements were used to vary the design of the site: a. building massing and unit layout, b. placement of structures and setbacks, c. location of pedestrian and vehicular facilities, d. spacing from position relative to adjoining buildings, e. composition and types of open space, plant materials and street trees, f, types of building materials and/or elements h. roof variation in slope, height and/or materials. 2. Individuality for Particular Structures a. If a project contains several new or old buildings of similar uses or massing, incorporate two of the following options to create identity and promote safety and feeling of ownership: i. Individual entry design for each building. ii. Create variety in arrangement of building forms in relation to site, parking, open spaces, and the street. iii. Create variety through facade materials and organization. iv. Create variety through roof forms. v. Vary the size/mass of the buildings so they are not uniform in massing and appearance. 3. Lighting a. All lighting shall be shielded and directed away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full "cut off' fixtures. b. Parking lots shall have lighting poles with a maximum of 25 feet in height. c. Pedestrian ways shall have low height lighting focused on pathway area. Pole height shall be a maximum of 14 feet although lighting bollards are prefe red . d. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design and Massing 1. Buildings shall convey a visually distinct 'base' and `top'. A `base' and `top' can be emphasized in different ways, such as masonry pattern, more architectural detail, step backs and overhangs, lighting, recesses, visible 'plinth' above which the wall rises, storefront, canopies, or a combination thereof. They can also be emphasized by using architectural elements not listed above, as approved, that meet the intent. 2. In buildings with footprints of over 10,000 square feet, attention needs to be given to mo„ ulatien} scale, ate -massing, and facade design so as to reduce the effect of large single building masses. Ways to accomplish this can include articulation, changes of materials, offsets, setbacks, angles or curves of facades, or by the use of distinctive roof forms. This can also be accomplished by using architectural elements not listed above, as approved, that meets the intent. Note that facade offsets or step -backs Highway 99 CG & CG2 Zones Packet Page 86 of 121 Page 8 should not be applied to the ground floor of street -front facades in pedestrian -oriented zones or districts. 3. Alternatives to massing requirements may be achieved by: a. Creation of a public plaza or other open space may substitute for a massing requirement if the space is at least 1,000 sq. ft. in area. In commercial zones, this public space shall be a public plaza with amenities such as benches, tables, planters and other elements. b. Retaining or re -using an historic structure listed on the National Register or the Edmonds Register of Historic Places. Any addition or new building on the site must be designed to be compatible with the historic structure, 4. To ensure that buildings do not display blank, unattractive walls to the abutting streets or residential properties, walls or portions of walls abutting streets or visible from residentially -zoned properties shall have architectural treatment applied by incorporating at least four of the following elements into the design of the fagade: a. Masonry (except for flat concrete block) b. Concrete or masonry plinth at the base of the wall c. Belt courses of a different texture and color d. Projecting cornice e. Projecting metal canopy f, Decorative tilework g. Trellis containing planting h. Medallions i, Artwork or wall graphics j. Vertical differentiation k. Lighting fixtures m. An architectural element not listed above, as approved, that meets the intent. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off-street parking and loading areas, 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010.B; 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 6. Community -oriented Open Air Markets or Seasonal Farmers Markets. 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. Highway 99 CG & CG2 Zones Packet Page 87 of 121 Page 9 November 1 ", 2006 Edmonds City Council 121 5`h Ave N. Edmonds, WA 98020 Dear City Council Members: Over the past five years, Magic Toyota has seen an increased volume of sales and service customers, a welcomed growth of business. However, this growth is so substantial that is has hindered our ability to effectively; serve the customers of our local community. This phenomenon is shared with many other Toyota dealers acrossthe nation. In response, Toyota Corporation has placed stringent land and display requirements on its dealers. Due to those requirements and to the physical capacity limitations of. our current site, we are being forced to Tedevelop it.. Such''a renovation costs. millions of dollars. Currently we are at a crossroads where we 4iiust. determine the best location (physically and financially) for our: investment. During the course of our due diligence, we encountered a major stumbling block that would make it economically impossible to redevelop our current site,:.ECDC section 16.60.020 calls for a minimum of 15 feet of fully landscaped street setback. Enhancing the visual appeal of any commercial building rs beneficial to most businesses in the CG2IHighway 99 corridor. However, because of the "outside" nature of the automobile industry, this constraint adversely affects car dealerships, both physically and financially. The ability to display merchandise openly to passing traffic is a key factor in the success of any automobile dealership, especially one located on a major arterial through a city. Landscaping 15 feet of space in front of our merchandise display is equivalent to requiring a grocery store to erect a 10-foot wall in front of the produce display. Doing such would adversely affect the economic success of our business, which would inevitably necessitate the relocation of it to another site that would foster its growth. According to our feasibility studies, the street setback essentially eliminates 80 display parking spaces. At an average cost of $7,500.00 per space, the landscaping street setback will devastate $600,000.00 our real estate frontage on Highway 99 and 212't' St. SW. It would also prevent us from reaching the minimum requirements placed by Toyota Corporation on dealership display parking spaces. In effect, once redeveloped with the current street setback requirement our business would actually regress economically, rather than flourish. 21300 Highway 99 • Edmonds, WA 98026 • 425-775-4422 o Fax 425-774-9422 Packet Page 88 of 121 www.magictoyota.com ATTACHMENT 2 Economic regression is the polar opposite of the city's goal for the CG and CG2/Highway 99 corridor as laid out in ECDC 16.60.005, paragraphs A, B, and C. The spirit of that section is to encourage future development and retention of businesses within the corridor that provide high economic benefit to the city of Edmonds. To make our redevelopment economically feasible, and therefore beneficial to the city of Edmonds, we are asking for an exemption for car dealerships to the 15 foot minimum street setback outlined in the 16.60.020 site development standards. Thank you for your consideration in this matter. Please contact me with any questions regarding this matter, as 1 am very enthusiastic about the direction of the city's economic development. 21300 Highway 99 • Edmonds, WA 98026 . 425-775-4422 • Fax 425-774-9422 Packet Page 89 of 121 www.magictoyotaxoin • x pin '. A 3� � !J r s i '"-h1,-.;�s(`',.G' �4•.. Y°z 5`F^NR�'W ,V�9 �;1 �'a '��, ?�a -�£� fLas2 iN' �siTPf Md ? tM1 �� ra.✓�Cs�F �l.°d 1. µ�ttx J Planning Board Draft " "BR Zone" Proposal A Proposed "BR Zone" Boundary s©o Sao 0 6°Feet Existing High -Rise Overlay Boundary August az, zoas Packet Page 90 of 121 CG and CG' 10. PUBLIC HEARING ON RECOMMENDATIONS BY THE PLANNING BOARD FOR Zones AMENDMENTS TO CHAPTER 16.60 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE CONCERNING THE GENERAL COMMERCIAL (CG AND CG2) ZONES. Planning Manager Rob Chave advised the Hwy. 99 Task Force who considered regulations with regard to Hwy. 99, recommended amending the Comprehensive Plan which was done in 2005. In considering zoning regulations to implement the Comprehensive Plan, the Planning Board proposed amendment to the General Commercial CG and CG2 zones. He explained currently the CG and CG2 zones had a base height limit; the height of a building on a property in the high rise node could exceed the base height limit an unlimited amount with a Conditional Use Pen -nit (CUP), After reviewing the Hwy. 99 Task Forte's recommendations, the Planning Board recommended, 1) increasing the base height limits in the CG zone from 35 feet to 60 feet and from 45 feet to 75 feet in the CG2 zone, 2) removing the requirement to obtain a CUP for higher building heights, 3) providing greater flexibility in the arrangement of uses for large- scale mixed use developments (2+ acres), and 4) including specific site design standards for development in the CG zone. Councilmember Orvis asked how this applied to Harbor Square. Mr. Chave answered development of Harbor Square was governed by the contract rezone; changes to the CG and CG2 zone would not impact that property. Councilmember Orvis requested a copy of the Harbor Square contract rezone. Council President Pro Tern Olson asked the difference between CG and CG2 zones, Mr. Chave responded primarily location, the uses were essentially the same, The CG2 was the northern portion and CG was the southern portion of Hwy. 99. Councilmember Plunkett asked whether having the ADB at the beginning of the process would include a public hearing. Mr. Chave the ADB would hold the open record public hearing and focus on the checklist and issues to be addressed. As a result, the public hearing and the appeal would be very early in the process. Councilmember Plunkett asked whether a CUP included a public hearing. Mr. Chave answered yes if it required Hearing Examiner review. He explained staff could issue CUPs, if the Code was not specific, it was reviewed by the Hearing Examiner. Councilmember Plunkett referred to the letter regarding 15-foot setbacks associated with an automobile dealership and asked whether that could be addressed separately. Mr. Chave agreed. Councilmember Plunkett referred to Item D2 on page 8 of the Planning Board's recommendation, "In buildings with footprints over 10,000 square feet, attention needs to be given to modulation, scale and massing..." asking whether in a building under 10,000 square feet, attention did not need to be given to modulation, scale and massing. Mr. Chave advised that was correct for buildings on Hwy. 99. Councilmember Plunkett asked for an example of a 10,000 square foot building. Mr. Chave responded it was approximately 100 x 100 and Mr. Snyder advised it was approximately '/4 acre. Councilmember Plunkett observed a building under 60 feet would not require ADB pre -planning and a building over 60 feet would not require a CUP. Mr. Chave agreed, commenting the building would need to meet the same standards but it would be reviewed by staff. He explained a building would need to be in a high rise node to exceed 60 feet and would require a ADB pre -planning meeting, Councilmember Wambolt referred to the letter from the car dealership indicating the 15 foot setback would be a hardship and asked whether that issue had been considered by the Planning Board. Mr. Chave answered no, it was an existing code provision. He acknowledged the points raised in the car dealership's letter were worth considering but recommended consideration be given to what would be provided in Edmonds City Council Approved Minutes Nowrnber 6, N06 Page 13 ATTACHMENT 3 Packet Page 91 of 121 exchange for a reduction in the setback. He noted the portion of Hwy. 99 within Edmonds had better design, landscaping, etc. Councilmember Wambolt referred to Item D2 on page 8 of the Planning Board's recommendation that referred to modulation, recalling the City was abandoning that tenn. Councilmember Moore agreed with Councilmember Wambolt's comment regarding the use of the tern modulation. She asked what process would be used to address the setback issue. Mr. Chave answered the ordinance could be referred back to the Planning Board for a quick look at that issue. Mr. Snyder explained the Council could make minor changes but could not include a new issue that had not been considered by the Planning Board as GMA required a public process. Councilmember Moore recommended referring that issue back to the Planning Board, recognizing car dealerships provided a substantial amount of sales tax to the City. Mr. Chave suggested scheduling it on the agenda of the first Planning Board meeting in December. Councilmember Marin suggested Magic Toyota make a presentation to the Hwy. 99 Task Force at their meeting next week and the Task Force forward a recommendation to the Planning Board. Councilmember Orvis referred to Jim Underhill's reference to a minority report that was not submitted. Mr. Chave recalled his concern was with the BR zoning around the hospital. Council President Pro Tern Olson commented on the importance of working with the car dealerships due to the amount of sales tax revenue they generated. Councilmember Plunkett agreed with Councilmember Marin's suggestion that Magic Toyota make a presentation to the Hwy. 99 Task Force. Mr. Chave suggested the matter also be scheduled on the Planning Board's agenda. Councilmember Wambolt commented the purpose of the Hwy. 99 Task Force was to raise issues such as the 35 foot setback; as the issue had already been identified, he questioned the need for the Hwy. 99 Task Force to be involved. Mayor Pro Tern Dawson opened the public hearing, advising the Council received a letter from Peter Chung, General Manager, Magic Toyota, requesting an exemption from the 15 foot setback for car dealerships. Peter Chung, General Manager, Magic Toyota, Edmonds, advised due to their success as well as agreements made with the manufacturer regarding required space, they needed to expand their operation. He explained they had a deficiency of approximately 107,000 square feet at their current location. Upon learning they purchased property a block north in Lynnwood, Edmonds staff asked whether their current site could be redeveloped. As a result they purchased additional property to the south to accommodate their expansion. In conducting their due diligence, they discovered the 15 foot setback requirement. He pointed out the 15-foot setback represented approximately 80 parking spaces which represented a loss of approximately $600,000 as well as reduced the amount of land available for expansion, He displayed several photographs illustrating how a landscaped 15-foot setback obscured the visibility of vehicles behind it, photographs of dealerships with a 2-3 foot setback, and a photograph illustrating how the 15- foot setback would impact operations on their site. He requested they be allowed to retain their existing 3-foot setback. Roger Hertrich, Edmonds, suggested this would be an appropriate application of a CUP. He disagreed with removing the requirement for a CUP for buildings on Hwy. 99, noting the CUP process provided Edmonds City Council Approved Minutes November 6, 2006 Page 14 Packet Page 92 of 121 opportunity for public input, it did not waste time and did not slow the process. He also did not agree with removing the ADB pre -planning review. Don Kreiman, Edmonds, recommended the Council approve the Planning Board's recommendations unless it required a 15-foot setback for car dealerships which he recommended be considered by the Planning Board. He noted this section of Hwy. 99 did not have any pedestrian traffic and was appropriate for commercial and multi family development. Pat Ikegami, Doug's Lynnwood Mazda, advised they were required to build a building for their Hummer franchise and the 15-foot setback would severely limit their available space. She noted manufacturers required a certain building square footage, parking spaces, and lot size. She requested the Council reconsider the 15-foot setback and staff review, noting an impediment to the construction process was the time for planning and review. She remarked they had less than two years to complete their building and a year in planning would make their schedule very tight. Hearing no further public comment, Mayor Pro Tem Dawson closed the public hearing. Councilmember Plunkett asked how long it took to get a permit in Edmonds for a building as large as 20,000 square feet. Mr. Chave stated ADB review could add 2-4 months depending on the scale of the project. Although buildings below the proposed base height limit did not require ADB review, there was public notice provided for any project that exceeded the SEPA threshold. Because the SEPA threshold was fairly low, he noted most projects on Hwy. 99 would have public notice. Councilmember Plunkett noted although there was public notice, there was no public hearing. Mr. Chave explained the public could appeal the decision which triggered a public hearing with the Hearing Examiner. Councilmember Plunkett asked whether it took a year to get a building permit in Edmonds. Mr. Bowman answered it took approximately 12 weeks for a major commercial building, Mayor Pro Tem Dawson clarified because the setback was not considered by the Planning Board, it would be inappropriate for the Council to take action on that issue. Mr. Snyder agreed, advising the public had not been notified of that change. GMA required the City follow its public comment procedures which in this instance required review by the Planning Board, recommendation to the Council and another public hearing. Mayor Pro Tem Dawson asked whether taking action on the ordinance would preclude the Council from referring the setback issue to the Planning Board. Mr. Snyder answered no. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO IMPLEMENT THE RECOMMENDATIONS OF THE PLANNING BOARD AND THE HWY. 99 TASK FORCE. Councilmember Plunkett commented SEPA notification was inadequate, pointing out a formal appeal to the Hearing Examiner was very different than notice of a public hearing. He referred to Item E on page 1 of the Planning Board's recommendations, "encourage development that is sensitive to surrounding neighborhoods..." He objected to a building that was '/4 acre that did not need to consider massing or modulation, a building up to 60 feet that did not require ADB review, and a building over 60 feet that did not require a CUP. He explained a CUP required an applicant to demonstrate the use was consistent with the zone and that their application would not be a significant deterrent to public health, safety or welfare. He concluded the proposed ordinance violated the principle of being sensitive to the neighborhoods. If ADB review and a CUP were appropriate for other neighborhoods in the City, it was appropriate for the Lake Ballinger neighborhood. He did not support the motion. Council President Pro Tem Olson, a former member of the Hwy. 99 Task Force, commented the reason this was recommended was to encourage development on Hwy. 99 and to streamline the process for higher buildings that did not impact views. She pointed out a member of the public could appeal the Edmonds City Council Approved Minuses November 6, 2006 Page t� Packet Page 93 of 121 SEPA decision which would result in a public hearing. She commented on the importance of increasing the City's sales tax revenue, asking if development downtown was not desirable, where would development occur. Councilmember Wambolt advised the requirements from the vehicle manufacturers that were cited by the dealerships were not an exaggeration. He supported considering the setback issue, noting the loss of a car dealership would have a significant impact on the City's revenue stream. Councilmember Plunkett supported referring the 15-foot setback issue to the Planning Board. He agreed Hwy, 99 would an appropriate place for increased development, noting there were residents adjacent to Hwy. 99. He recalled residents of Lake Ballinger wanted the same protections the rest of the City received. Mr. Snyder referred to Item 2A on page 6 of the Planning Board recommendation, which referred to a minimum 4-foot wide landscaping, however, page 5 had a minimum street setback of 15 feet that was required to be fully landscaped. He concluded there was an inherent conflict in the proposed ordinance; the Council could change the minimum 4-foot wide landscaping to 15 feet to be consistent but could not reduce the 15-foot setback as it had not been noticed. Mr. Chave disagreed, pointing out the landscape requirement on page 6 was a minimum of 4-feet which was not inconsistent with 15 feet. He suggested staff proceed with preparing an ordinance that omits the landscaping issue and refer it back to the Planning Board. Mayor Pro Tem Dawson concluded the Council could omit the portion regarding landscaping and setbacks. Mr. Bowman agreed with Mr. Chave's assessment and recommended the Council authorize preparation of the ordinance omitting that issue and return that issue to the Planning Board for a recommendation. Councilmember Orvis supported changing the setback to snake it as easy as possible to park cars on Hwy. 99, recognizing car dealerships were a major source of sales tax revenue. With regard to building heights, he was uncomfortable with allowing 60 foot building heights in the CG zone or 75 foot building heights in the CG2 zone. He did not envision buildings of that height would fit the area and the neighbors deserved the same considerations as other neighborhoods, He summarized he would not support the ordinance with those building heights. COUNCILMEMBER MARIN RESTATED HIS MOTION TO OMIT REFERENCE TO LANDSCAPING AND RETURN THAT ISSUE AND THE 15-TOOT SETBACK TO THE PLANNING BOARD FOR RECOMMENDATION. Councilmember Wambolt expressed support for the motion. He had driven around this area and while there was residential development, it was primarily a commercial area. He supported doing whatever possible to enhance commercial development on Hwy. 99. Mayor Pro Tem. Dawson remarked there was a new car dealership off 1-5, recognizing competition among dealerships was stiff and time was of the essence for commercial development. She expressed support for the motion. ':MOTION CARRIED (5-2), MAYOR PRO TEM DAWSON, COUNCIL PRESIDENT PRO TEM OLSON, AND COUNCILMEMBERS MOORE, WAMBOLT, AND MARIN IN FAVOR; AND COUNCILMEMBERS ORVIS AND PLUNKETT OPPOSED. 11. AUDIENCE COMMENTS .Apartments ,Tune Robinson, Executive Director, Housing Consortium of Everett and Snohomish County, Conveirted to Condominiu3us commended the Council for considering a requirement for relocation assistance in the event of Edmonds City Council Approved Minutes Novcmbe3 6, 2006 Page 16 Packet Page 94 of 121 Highway 99 Task Force November 15, 2006 Plaiuling Board: The Highway 99 Task Force was formed by the City Council four years ago to: (1) investigate and identify impediments to economic re -development in the corridor, and (2) to make recommendations to overcome those impediments in order to facilitate the desired re -investment and re -development. But, concurrent to our desire to encourage revitalization of the area, an underlying imperative of the committee has always been to protect and improve the condition of the adjoining neighborhoods. We now have three major potential investments under consideration in the corridor and one of them has identified a significant impediment to their ability to proceed. Magic Toyota is a very responsible business in our community and is, in fact, one of our city's largest tax revenue producers. The combination of extremely limited available property and the manufacturer's dealership property requirements make their re -investment in their Edmonds site problematic. We have been assured that the re -development is possible if Edmonds were to consider revising a landscape requirement dating from 1980s planning practice. The requirement asks for 15 feet of landscaping on the perimeter of businesses. This may have made sense before Highway 99 was rebuilt when the area was quite unattractive. And it may have made sense when it was common for development to occur without landscaping. Now, however, it is the general rule, within the development community, that landscaping is considered a necessary part of a good design. Furthermore, a good landscaping plan disburses the improvements throughout the site. It is the request of this committee that you evaluate the old requirement and consider a version that allows for a landscape trading option. This would allow for a more natural placement of landscaping enhancements throughout the visible site rather than a somewhat arbitrary large front -edge placement. We believe that this would be a much more suitable requirement and a much more welcome enhancement to neighborhoods in the Highway 99 corridor. And while this proposal was brought forward by a specific business, it is also the belief of this committee that the impediment identified more than likely stands in the way of other re -development too. Hence, we request the Planning Board move as quickly as possible and forward a reconnnendation to the City Council to consider a change to allow greater flexibility in this area. (71ard tL Chairman, Highway 99 Task Force ATTACHMENT 4 Packet Page 95 of 121 flowing discussions. In fact, the optimal situation would be for the Board to conduct their discussions seated around a table. If the meetings were televised, Board Members might be more hesitant to share their comments and suggestions. Vice Chair Dewhirst agreed that televising the meetings would change the dynamics of the Board's brainstorming discussions. Many times, the Board Members don't have answers to the complex questions that come before them. After listening to each other speak freely, they have been able to form consensus recommendations. This type of process requires the ability to have free flowing discussions amongst the members. On the other hand, he also pointed out that the more the City is able to educate the public, the better informed the citizens would become on issues that impact them. However, he said he cannot imagine the citizens would be all that interested in listening to the Board meetings since they rarely attend the meetings. Vice Chair Dewhirst expressed his concern that the Planning Board Meetings could become a "bully pulpit" for some people to raise their issues. If the meetings are recorded and televised, he suggested that the public comment period be placed at the end of the agenda to discourage these types of situations. Another option would be to televise public hearings, but not workshop sessions. He said that in his experience working in other jurisdictions, it was very apparent that the dynamics of the individual members was different when meetings were televised. Board Member Guenther suggested the City figure out how many hits the website receives from people who are seeking Planning Board Minutes. If there is a huge demand for the minutes, then perhaps they should record and televise the meetings. Board Member Young recalled that the Board met numerous times to carefully discuss the Downtown Plan and make an appropriate recommendation to the City Council. However, when the City Council considered the issue, they did not even make reference to the concerns discussed by the Board. Perhaps if the meetings were televised, the public would be able to see the genesis of the ideas that are discussed and understand how the Board arrives at their recommendations. Chair Freeman agreed that televising the meetings would help to educate the interested public on various topics and help them understand that issues are typically more complex than what they originally assumed. At the request of the Board, Mr. Chave indicated that the estimated cost of recording and televising the Architectural Design Board and Planning Board Meetings would be about $10,000 per year. The Board agreed that the monetary side of the issue should also be part of the City Council's consideration. They further agreed that the City Council should consider how many people actually look at the Planning Board Minutes that are posted on the City's Website. Chair Freeman encouraged as many Board Members as possible to attend the meeting on November 14`h DISCUSSION ON REMANDED ITEM FROM THE CITY COUNCIL RELATED TO THE CG AND CG2 ZONING PROPOSAL Mr. Chave reported that the City Council approved the CG/CG2 Zoning Ordinance by a vote of 5-2. However, they did indicate one issue that was remanded back to the Board for additional review and recommendation. At the City Council hearing, testimony was provided by car dealership representatives who pointed out that the new language would require a 15-foot landscaped setback on the street frontage. They expressed concern that their situation was different than standard businesses within the CG and CG2 zones because they must be able to display their merchandise close to the front of the property. The new setback requirement, in addition to the challenging depth of the properties on Highway 99, would reduce their opportunities to redevelop or change their properties. The City Council has referred this issue back to the Board for additional review of what the setback should be and whether or not it should be applied equally to all business types, including car dealerships. Mr. Chave pointed out that, historically, the setback has been 15 feet, but the new ordinance missed the fact that the landscape section talks about a 4-foot landscape buffer rather than a 15-foot buffer. He suggested that perhaps a 4-foot landscape buffer would be adequate for businesses that require displays within the 15-foot setback, but only if larger landscaped areas were interspersed along the street frontage. The other option would be to only require a 4-foot landscaped buffer for all businesses within the CG and CG2 zone. Planning Board Minutes November 8, 2006 Page 6 Packet Page 96 of 121 Chair Freeman suggested the Board Members watch the City Council meeting at which the CG/CG2 Zoning Ordinance was discussed. She noted that the car dealers did not come before the Board during their hearings. Instead, they waited until the issue was before the City Council to raise their concerns. Mr. Chave pointed out that the car dealership owners were not aware of the setback issue until one of them came in with a redevelopment proposal. At that time, staff informed them that the issue was being considered by the City Council, and that is why they attended the public hearing. Mr. Chave suggested staff be allowed to draft some options for the Board to consider and then schedule a public hearing on December 13th. The Board concurred. Mr. Chave advised that the Highway 99 Task Force would meet on November 13th, and the car dealership owners have been invited to attend and provide their comments. On December 13th, staff would provide a report to the Board regarding the task force's discussion and recommendation. REVIEW OF EXTENDED AGENDA Mr. Chave referred to the extended agenda for December 13th and announced that Item 3 (Shoreline Master Program) and Item 4 (Neighborhood Business District Zoning) have been postponed until the first meeting in January. Therefore, the agenda for December 13th would include the following: • A public hearing on code updates required to integrate design guidelines and the revised design review process into the development code. • A public hearing on proposed changes to the CG/CG2 Zoning Ordinance as remanded by the City Council to address street front setback requirements. • A discussion with staff and the City Attorney regarding the Non -Conforming Regulations. • A presentation by Mayor Haakenson regarding decision making processes. • The election of 2007 Planning Board Officers. PLANNING BOARD CHAIR COMMENTS Chair Freeman did not provide any comments during this portion of the meeting. PLANNING BOARD MEMBER COMMENTS Vice Chair Dewhirst asked that his work number be deleted from the Planning Board Member Roster. Vice Chair Dewhirst reported that he asked the City Engineer about the option of creating a policy for using an in -lieu -of fund for sidewalk construction. It appears as though the Engineering Department would be open to considering this type of process, and Mr. Bowman has also agreed to explore the opportunity. ADJOURNMENT The meeting was adjourned at 8:40 p.m. Planning Board Minutes November 8, 2006 Page 7 Packet Page 97 of 121 position. People who read the minutes of the meeting will want to know each of the Board Members' thoughts. Therefore, when voting, Board Members should make sure everyone puts something in the record to indicate why they voted the way they did. It would be helpful to hear from everyone. • When Board Members vote in opposition to a motion, it is important that they explain why as part of the record. Otherwise, the Board's decisions would be open to a lot of interpretation. They should be very clear about why they are voting for or against a motion. • If any decisions are left open to interpretation, the issues would come back before the Board at some point in the future. It is very important to clearly explain the rationale for each decision. AUDIENCE COMMENTS Al Rutledge asked that the City hold public hearings and offer ample opportunity for the public to comment next time a skate park is considered. He recalled that the City considered their first skate park in 1996 and 1997, but the record that was established at that time was not considered when the new skate park was reviewed and approved. While he is in favor of park facilities for children, the City should use a better process that includes more public participation. PUBLIC HEARING ON STREET SETBACKS AND LANDSCAPE REOUIREMENTS FOR CG AND CG2 ZONES Mr. Chave reported that the City Council approved a revised set of standards for the CG and CG2 zones on November 6, 2006. During their hearing, representatives from two auto dealerships noted that the 15-foot landscaped setback requirement would create difficulties in redeveloping their properties. They expressed concern that a 15-foot landscape buffer would require a significant portion of their land to be removed from active use. In addition, a concern was expressed that the required landscaping would obscure their outdoor display area, which is traditionally placed adjacent to the street front of the property. The City Council agreed that the Planning Board should take another look at the setback issue. Mr. Chave explained that the 15-foot landscaped buffer requirement is an old zoning standard. Since the current code was adopted in 1980, substantial changes have occurred on the Highway 99 corridor, most notably the substantial corridor improvements (including sidewalks) completed during the late 1990s. The new landscape provisions included in the CG/CG2 update were developed as part of the 2001 draft design guidelines and were intended to provide adequate landscape and buffer standards for development. They require more internal landscaping within large parking lots, so it makes sense to allow property owners to compensate for some of the increase in land devoted to internal landscaping by requiring less at the perimeter of the property. This would also be consistent with the idea of encouraging more landscaping coverage to be spread throughout parking areas rather than clustered at the perimeter. Mr. Chave advised that, combined with the other City design standards, most notably the reasonably restrictive sign code, it seems that the 15-foot landscaped buffer requirement is outdated and counter productive —especially when the City's expressed goal is to encourage significant economic development along the Highway 99 Corridor. Staff is recommending changes to the table and footnotes in ECDC 16.60.020 and ECDC 16.60.030.A.2.a to indicate that a minimum 4-foot setback would be required along all street frontages. Mr. Chave said staff has also identified other provisions of concern. ECDC 16.60.030.A. La would require that all parking be screened from view from public walkways with grills, fences, lattice, etc. He noted that this would be in appropriate along Highway 99, particularly for auto dealerships that must display their product near the street front. ECDC 16.60.030.A.1.f would require that Type III Landscaping must be provided between parking and the street for commercial or mixed use projects, but this provision would not allow people to see the cars that are set out on display. Board Member Young asked if there are any other commercial zones in the City that require a 15-foot front setback. Mr. Chave answered that the Neighborhood Business (BN) zones have similar setback requirements, but the Commercial Business (BC) zones do not because the properties are developed lot -line -to -lot -line. In the BC zones, the lot lines vary Planning Board Minutes December 13, 2006 Page 2 Packet Page 98 of 121 depending on the location. Board Member Young suggested that the 15-foot front setback requirement appears to be an anomaly on Highway 99. Mr. Chave agreed and noted that Highway 99 is much different than the BN zone. Board Member Reed referred to a letter dated November 1, 2006 from Magic Toyota asking that the City consider an exemption to allow them to display their merchandise near the street front. He asked if the current zoning code could be modified to provide an exception that would allow auto dealerships to display their merchandise. Mr. Chave agreed that the Board could consider this option, but if the City were to allow auto dealerships increased use of their property, other businesses along Highway 99 should be allowed the same thing. Board Member Reed recalled that at the City Council hearing, one individual suggested this issue could be handled with a conditional use permit requirement. Mr. Chave agreed that is one option the Board could consider, but a conditional use permit process would be unpredictable and could take three to four months to complete. This would result in uncertainty for the businesses. Peter Chung, General Manager, Magic Toyota, said he spoke at the City Council hearing regarding the setback issue. Although he would like the City to just grant the setback exception to just his business, he recognizes that the issue is much larger for the City. The City must create something for all auto dealerships to keep them in the area to promote economic development and provide tax revenue to the City. Mr. Chung explained that his group has made a significant investment in Bellevue as part of the redevelopment of Sunset Village. They are also involved in the redevelopment of the existing Magic Toyota site in Edmonds. He advised that they originally purchased property in Lynnwood in order to relocate their business. However, they were later approached by Mayor Haakenson and the City's Economic Development Director, asking what the City could do to keep the business within Edmonds. They explained that there was no adjacent property that could be purchased to meet the manufacturer's requirements for redevelopment. The City's Economic Development Director worked with them to acquire an adjacent property, but the proposed 15-foot landscaped setback requirement would definitely create a problem for them. Mr. Chung advised that he has been working Mayor Haakenson and Mr. Bowman to figure out something that would work for both the City and for Magic Toyota. He provided a handout to outline Toyota's requirements for every dealership. The document also provides a design overview of the buildings that are being proposed for the Edmonds site. He noted that the development would be fairly substantial as far as facilities and land requirements. He specifically pointed out that, with the addition of the new property, they would still be about 100,000 square feet short of the manufacturer's requirements unless the 15-foot setback requirement were significantly reduced. Secondly, he pointed out that the manufacturer requires a certain percentage of landscaping within the parking area based on the total square footage of land. The Edmonds site would require about 42,000 square feet of landscaped area. Not only would they have to put landscaping in the front, but throughout the parking area, as well. Al Rutledge cautioned that a conditional use permit does not require a public hearing. If the City were to use a conditional use permit to grant the setback exception to auto dealerships, staff would be able to make the decision without any public input. He pointed out that people would walk through the parking areas and along the sidewalk in front of the auto dealerships. Therefore, it is important that sufficient space be provided for safe parking and pedestrian access. He expressed his belief that Highway 99 is an excellent place for more intense development since the infrastructure is already in place to accommodate it. Board Member Guenther expressed his belief that a 15-foot front setback requirement on Highway 99 would be onerous. It would require too much real estate for landscaping in an area where the City is trying to encourage retail and commercial development. The setback requirement would be a great imposition along Highway 99. Board Member Henderson agreed that there should not be a 15-foot setback requirement on Highway 99 or on any other major arterial where businesses are located on both sides. The 15-foot setback requirement would only be appropriate where commercial zones are adjacent to residential zones and not on Highway 99 or Edmonds Way. Board Member Young recalled that the 15-foot setback requirement was originally designed to make Highway 99 more pedestrian friendly. However, this concern has been resolved by the substantial improvements that have occurred along Planning Board Minutes December 13, 2006 Page 3 Packet Page 99 of 121 Highway 99 and the new landscape provisions included in the CG/CG2 update. He agreed with Board Member Henderson that the City must be sensitive to adjacent residential zones, but a 15-foot setback requirement would not be appropriate for properties along Highway 99 or any other major arterials that run perpendicular to it. Board Member Reed agreed that the setback requirement in the CG and CG2 zones should be reduced to make it realistic for the types of businesses that are located along Highway 99. However, even if the setback requirement were reduced to four feet, there would still be parts of Highway 99 where buildings abut right up against the sidewalk. Mr. Chave explained that these buildings would be considered non -conforming. Any redevelopment on these properties would be required to provide the minimum 4-foot setback. However, the existing buildings could continue to function as non -conforming. Chair Freeman noted that building setback requirements are a different issue than landscape setback requirements. She said she sees no reason why auto dealerships along Highway 99 should not be allowed to use all of the available land up to the front property line. She suggested the Board consider a zero front setback requirement for auto dealerships along Highway 99. Mr. Chung brought up the fact that the manufacturer would require them to install a certain amount of landscaping throughout the property, which would work out to about 42,000 square feet of landscaping on the Edmonds site. He pointed out that the manufacturer is very aware of how much landscaping would be provided on site so there is not a large area of black top. Chair Freeman pointed out that the landscaping required on site by the manufacturer would provide variety on Highway 99, so the auto dealerships should be allowed to use their property up to the property line. She expressed her belief that there should be no front setback requirement for auto dealerships. This would make Highway 99 more varied in appearance if some businesses provide landscape along the street front and others provide it within the property. She emphasized that auto dealerships are very important to Edmonds and there is very little land available for their use. The City should allow them to utilize as much land as possible in order to keep them in Edmonds. Board Member Young said he would be opposed to a zero setback requirement. Having at least four feet of landscaping along the property line would enhance the appearance of the product on display. It would also be appropriate to have at least some separation between the product and the sidewalk. Chair Freeman said that she has observed that the existing auto dealerships have parked cars right up to the property. However, there is a landscaped area between the property line and the public right-of-way. Mr. Chave pointed out that any landscaping that exists along the right-of-way on Highway 99 is on private property. Mr. Chung agreed with Board Member Young that it might not look appropriate for the cars to abut right up against the street, but when Highway 99 was improved, sidewalks were constructed between the street and the private properties. The sidewalks provide some buffer. He said Chair Freeman is suggesting that the landscaped areas within the lot would add a lot more depth to the property and make it more visually appealing. While he would like to be able to utilize 100% of the property, he understands that the City must be sensitive to how the development would look. He summarized that a 4-foot setback requirement, with a 2-foot overhang allowance as proposed by staff would also work. Mr. Chave noted that the new landscaping requirement would be very different from the historical requirement. Ground cover would be allowed rather than higher shrubs and trees. Trees would be required, but they would have a fairly significant spacing and be limbed. This type of landscaping would allow some of the cars to overhang a few feet into the setback area. He also noted that the new landscape requirements emphasize the use of more landscaping within the property. Mr. Chave expressed his concern about a zero setback requirement. If businesses were allowed to park vehicles right up to the property line, there is a good chance they would end up overhanging onto the sidewalk area. He suggested that a minimum 4-foot setback requirement be established. Because ground cover could be used in the setback, the auto dealerships would still be able to display their product in a manner that would be extremely visible from the sidewalk and street. BOARD MEMBER YOUNG MOVED THAT THE BOARD FORWARD THE STAFF'S PROPOSED LANGUAGE FOR STREET SETBACKS AND LANDSCAPE REQUIREMENTS IN THE CG AND CG2 ZONES TO THE CITY Planning Board Minutes December 13, 2006 Page 4 Packet Page 100 of 121 COUNCIL WITH A RECOMMENDATION OF APPROVAL. BOARD MEMBER GUENTHER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Mr. Chave noted that anyone who testified at the public hearing would receive a notice of the City Council hearing that would be scheduled sometime in January. Planning Board Minutes December 13, 2006 Page 5 Packet Page 101 of 121 mg = I= r—I Ht rq-ravi S-krk 0 0 o O CD CD O M t c%i L I Packet Page 103 of 121 Program Overview Toyota's Image USA 11 is an entirely new retail automotive experience. The program integrates Toyota's diverse product line under a brand umbrella, satisfying the needs of customers and dealers alike. The new design expresses Toyota's core values of Quality, Dependability and Reliability (QDR), and brings them to life throughout the showroom experience. QDR is expressed meaningfully and practically via environment, space, flow and the spectrum of customer services. This new retail facility was created to demonstrate a clearer, more consistent picture of what the Toyota brand represents. The facility was developed through ongoing communication with the Toyota Dealer Advisory Group, the Toyota National Dealer Council and individual dealers, Additionally it was evaluated by target customers to make sure it satisfied their needs and expectations. The result is a comprehensive design, which brings comfort, warmth, innovation and authenticity to the Toyota selling, buying and service experience. Image USA II is not just about a new exterior dress or new signage. It is more holistic, addressing every aspect of dealership design to redefine and improve the customer experience for the lot, showroom, and sales and service processes. A r , �tilFy S Y Packet Page 104 of 121 Dealership Exteriors The exterior design of Toyota's Image USA II establishes a highly recognizable signature for the Toyota brand, the dealer and the Toyota product lines. The Toyota trademark in red creates a dominant, tasteful impression that is recognizable from a significant distance. The dealership is clad with light grey metal panels. The showroom entrance is clearly identified with a bold architectural form of illuminated glass. This entryway creates a courtyard, an appealing transition area for customers as well as a new product display zone. The courtyard facilitates clear sight lines into the showroom, offering an engaging preview for customers. VIEW FROM CUSTOMER PARKENG The exterior architecture provides a contemporary retail experience with clearly signed product showrooms. Scion is distinctively recognizable, offering a clear, separate entrance for that unique customer. Careful exterior material choices create a distinctive look, and offer see -through visibility to support the needs of dealership staff and customers. The exterior design approach for the Image USA II program is flexible enough to accommodate the needs of new builds, as well as dealership renovations. f,. ENTRY CUIURTYABD 1111,:Rw � �F�' ..... ..... SUFMOL ENTRY EVENING VILIN ROW I 5=,� TMM��� The showroom interior is designed to offer customers a series of logical, engaging and comfortable interaction areas within the dealership. Each area is designed to make spending time at the dealership satisfying and worthwhile. Dealer and consumer research was utilized to ensure that each of these areas has a relevant purpose in the design. Overall, the new interior approach demonstrates the breadth of Toyota's product line. Simultaneously, it allows for the display of and education about the unique family of products via individual showrooms. Waiting areas are shared for sales and service, offering a consistently SHOMOOM LAYOUT comfortable experience for all customers. A new car delivery area brings an added level of depth and quality to the car -delivery experience. This dedicated.delivery area enriches the potential for relationship -building between sales staff and customers. Drawing inspiration from residential design for interior materials, customers feel more comfortable and experience a warmer, more welcoming environment. . . acket Page 107 of E39 W p SHOWROONZ 1•SIA'{h7Et l 11� ! i�Yi Oq �� Y �t 't'Y, .� .r+.:.:.�� 1. a a ag'"'e`Wi78 oii .... .._._ � . 2 a SEHVPCEVMTE-LIP NEW CAR DELIVERY RETAIL CENTER SCION SHOWROOM CHWREN PLAY AREA r y_ ;1 �� rc Interior Fixtures The new Toyota fixturing package has been expanded to offer a greater spectrum of selling and communication tools. This system, located throughout the entire show- room, allows for a deeper understanding of products, and extends the shopping experience. Product Feature Displays, for example, allow dealers to promote new vehicle launches and provide customers with product information that satisfies their most compelling needs. The displays can also stimulate additional sales by making products more visible and feature information more accessible. CUSTOMER RECEPiiONIFEATURF VFHKCUi DISPLAY Retail fixtures are designed to accommodate a broad range of product types, allowing dealers to sell items that are most appealing to their customers. The fixturing system is designed for mobility, allowing for flexibility and extendibility of the retail area. Fixturing materials were selected based on their compatibility with the Toyota brand aesthetic. 4�. a`c ei�age 1•T'f' oi"f,"�"•` .r: _...�,,,�i i� BRAND ROOM DISPLAY FDc7URF RETAIL FDCRIRF CAR DISPLAY FIXTURE oi"fI A{ ace age 2 Interior Graphics and Furniture UFFSTYLF CPAPHrS Ow ... . . . . . . . . . 6id �.'u III x �wS:�C,fs�1a�� rns. Nr At wF Anil ..; ...:5.�. .. .. LOUNGE AREA RJRNFRJHE CAFL AMA FUHNI SURE GENERAL MANAGERS OFF ICE TALES OFFICE, SALFS STAFIONS J 130 n`H l'fl" ac eT age Site Plan The Toyota Image USA II program includes a holistic site design. The new approach enriches the shopping experience on the lot by providing highly visible display areas. These displays are included at the front of the lot to offer drive -by visibility, and at other logical lot locations with easy access for sales and service customers. Customer parking is provided with adjacency to the showroom entrance. The design of the lot offers a clean, organized presentation of Toyota's broad product line, and creates a positive, welcoming impression for the dealer. d ! e' -a,' i ,a s k t ...\:,::ge 115 u�5: ... of �utiw "' Packet Pa,. The floor plan for Toyota's Image USA II is designed to create logical and recognizable customer zones, and to achieve optimal adjacencies. Product showrooms sit across the front of the dealership interior and correspond directly to the exterior display zones and signage. A greeting area is the first point of interaction inside the showroom. The customer lounge is positioned to link the public areas, service write-up, cafe and showroom. Children's areas are situated immediately adjacent to parent waiting areas and offer clear visibility to allow family members to stay connected and comfortable. srs_ The floor plan allows a feeling of open space. Subtle elements such as the architectural drop ceilings in warm, natural materials help to delineate. specific customer zones with a sense of openness. The Service Area has a logical flow that helps busy customers navigate through it. Its adjacency to the showroom enables service customers to experience Toyota's latest product offering. M71.9' f ill" • �" r L 119. �n G / ii ... �W sQ y y r 1 r£4 r r 5 t c r 1! ><r� e� t !1 7!!77 �ba't4si i 'w •w«A a va �tE ARCM,. Ysis {G Zrrfslg4[ � f,5 � �rn,.� AF.N9 WA' .��'� _ _. v • ! ! n# �.1! r Ir[ f fs � 11[_ pp N6:TL J. 7*r _ FP'-r�•. � Y 4nF',3 'rS r l[ 1ttlyy { 7r � ! _ 11��" , s� �yr -.�'� .� �.'�,.. C.�� i r r!���: `�lfi pg g r _ rr` o .. 5 4 A m , r1�4 ,, err . !- ... ... : 7�'$S...r,Mv �'•• ace age "f'l6 ,.;ox.�, :. :. „�; ..�'._: �, :...--,..r.,a'rmmw, ,., 'rf �.._�...,.,...,n..r_ New Car Purchase Experience Scion Purchase Toyota's exciting new sub -brand, Scion, is clearly denoted on the building exterior. Its separate entrance is unique, but fits comfortably on the overall facility. Customer parking spaces are adjacent to the Scion entry. A current, youthful attitude is reflected in the use of materials and interior components. Sales stations are nearby to enable a quick and straightforward conversation. A short distance away is the F&I office with the customer's new car waiting for delivery within view. Now Car Purchase The Toyota customer will spot the new entry and signage portal brand statement from a distance. The entry portal provides customers with an intuitive way of finding the primary entry and facilitates easy access to the showroom. When approaching the courtyard, between the portal and the main building, the customer can view the latest car selection via the fagade windows into the product showrooms. The reception/feature vehicle display area draws customers with exciting graphic imagery, as do. kiosks with online access for product information. The customer is welcomed by Toyota personnel available to answer questions and help guide customers to their vehicle of interest. Beverages and snacks are available at the lounge area while customers browse the interesting products available in the new retail area. Children can be dropped off in the child's play area while shoppers view vehicles in the showroom. When the customer is ready to have a conversation with a salesperson, a comfortable yet private seating area is nearby. Then they can make a quick visit to the F&I office, which has clear visibility into the children's play area so that parents can keep an eye on the children through one window with a view to the new car through the other. Children can be easily picked up on their way out to the new car. * New Vehicle Customer s4- Scion Customer " iiiri a tiffs 5. s g �n"v`^— 7W MEW 1 N ,yw f ac et Page 117 of 1� MMM Site Visit Even a tentative customer will be comfortable approaching the new dealership lot. The various car display areas are clearly defined, with easy access to customer parking in front of the showroom. This customer visits and "shops" the exterior courtyard the same as an interior retail space, having the ability to view the vehicle information seen through the brand showroom's display windows. The courtyard allows a natural transition into the showroom and straight to the reception/feature vehicle display area. Detailed information is available via online access and display graphics. With preliminary knowledge in hand, the customer is ready for a more leisurely purchase transaction. Service Customers visiting the site for service have clear visibility to the service lanes. The lanes are clearly marked as they approach the covered area, Staff are clearly visible and approach the customers in their car to greet them and review their service needs while in their car. Customers are accompanied into the Service Write -Up offices adjacent to the lanes. From these offices, they are attracted by the comfortable, well -lit lounge, parts and accessory retail area, and product showroom. Purchases may be made from the convenient cashier. A feature display attracts the service customer interested in learning more about Toyota's new product line. The display fixtures near the product showrooms offer more new, exciting items. After service is completed, customers can pick up their cars by walking directly from the showroom, then driving off the lot. C 1 � z 4 CM, y E i Iri:r f:..a.T C1. C= A ' a e } u!I Aft it a 8S f t?I i 3 �" It l •l '�`- 3 7 1 New Vehicle Customer Service Customer EXTERIOR ELEMENTS Building Fascia Signs and Brand Signs Entry Portal with Toyota Logo, Letters and Dealer Name x Mae s Light Grey Fascia with Red Band Scion Fascia Sign (if Scion Dealer) Materials Palette Appropriately Identified Dedicated Customer Parking Directional Signage (New Brand Image) Core Design Elements ent INTERIOR ELEMENTS Differentiated Showrooms Dedicated Delivery Area (enclosed preferred) Finish and Color Palette — walls/floors/ceilings a Covered and appropriately enclosed Service Lanes Minimum service stall dimension: 14' -0" x 40'-0" (include 1 /2 aisle width) Full-size truck capability in Service with appropriate # of stalls �'4 11 iia� i i��'W �'�.�. 1 -'1t .,�1. � 9. Rl7R�wrn•-^�^ _ x c;;s . �'i`����Tll�.�. -_. .:rG.JYC9l4fYWL . 2......r .. .... N •- F AM-781 Presentation of Resolution to Council President Edmonds City Council Meeting Date: 01/02/2007 Submitted By: Jana Spellman, City Council Time: 5 Minutes Department: City Council Type: Information Review Committee: Action: Agenda Memo Subiect Title Presentation of Resolution and Plaque to Councilmember Deanna Dawson for her service as Council President. Recommendation from Mayor and Staff N/A 12. Previous Council Action The proposed Resolution thanking former Council President Deanna Dawson for her service as Council President from January to December 2006 was placed on this evening's Consent Agenda for approval. Narrative Presentation of Resolution and plaque to Councilmember Deanna Dawson for her service as Council President. Revenue & Expenditures Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 12/27/2006 11:46 AM APRV 2 Mayor Gary Haakenson 12/27/2006 01:17 PM APRV 3 Final Approval Sandy Chase 12/27/2006 02:46 PM APRV Form Started By: Jana Spellman Started On: 12/27/2006 10:30 AM Final Approval Date: 12/27/2006 Packet Page 121 of 121