20110921132101976.pdf0006.15004B
WSS/naa
01/30/86 2550
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS TO CHANGE THE ZONING DESIGNATION ON
CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE
LANDAU REZONE, FILE NO. R-4-85, FROM RS -8
(SINGLE FAMILY) TO BN (NEIGHBORHOOD COMMERCIAL);
AUTHORIZING EXECUTION OF A CONCOMITANT ZONING
AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Planning Board at a public hearing,
considered the following amendments to the Official Zoning Map
and made their findings and recommendations which were forwarded
to the City Council, and
WHEREAS, the City Council after a public hearing
reviewed the recommendations of the Planning Board and determined
that the proposed amendment and agreement should be approved
subject to certain revisions and adopted as Findings of Fact and
Conclusions of Law and attached hereto as Exhibit A, incorporated
as if herein set forth. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map of the City of
Edmonds, as adopted by Section 17.00.010 of the Edmonds Community
Development Code is hereby amended by changing the zoning
classification of certain property hereinafter described from
RS -8 (single family residential) to BN (neighborhood commercial),
4
subject to the Concomitant Zoning Agreement executed and recorded
as provided herein. The legal description of the property
rezoned is set forth in Exhibit B, attached hereto and
incorporated herein by this reference as if set forth in full,
Section 2. The Planning Director is 'hereby instructed
to effectuate the necessary amendments to the Official Zoning Map
of the City of Edmonds pursuant to this ordinance.
Section 3. The Mayor is hereby authorized to execute
and the City Clerk to attest to that certain document entitled
"Agreement and Covenants", attached hereto as Exhibit C and
incorporated herein by this reference as if set forth in full.
The City Clerk is further directed to record said Concomitant
Zoning Agreement with the Snohomish County Auditor as a covenant
running with the land. The cost of said recordation shall be
paid by the owners
RPntion 4. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum and shall take effect five (5) days after
its publication, or publication of a summary thereof consisting
of its title, in the City's official newspaper.
APPROVED:
MAYOR,�'L'ARM S .r NAU9MTEN
ATTEST/AUTHENTICATED:
;�CIY�CLER�X,AZINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE', -CITY CLERK: January 31, 1986
PASSED BY THE CITY COUNCIL: February 11, 1986
PUBLISHED: February 16, 1986
EFFECTIVE DATE: February 21, 1986
ORDINANCE NO. 2550
- 2 -
AGREEMENT AND COVENANTS
WHEREAS, Henry G. Landau. and Joyce K. Landau, husband
and wife, hereinafter referred to jointly and severally as
"Owner", are owners of the following described real property
located at 23105 - 100th Avenue West, in the City of Edmonds, and
legally described on Exhibit "A", attached hereto and incor-
porated by this reference as if set forth in full.
WHEREAS, Owner has tendered this Agreement and
Covenants to the City of Edmonds, a municipal corporation,
hereinafter referred to as "Edmonds", and the same having been
duly considered by Edmonds, and
WHEREAS, Owner has applied for a change in the zoning
of the certain real property from Single -Family Residential 8,000
(RS 8) to Neighborhood Business (BN), and
WHEREAS, Edmonds has caused the application in its
entirety, including, but not limited to the Environmental
Checklist, to be reviewed by its Planning and Engineering
Divisions and has fully considered recommendations made after
such staff review, and
WHEREAS, this application has been reviewed by
the Planning Board which has recommended that the rezone be
approved subject to conditions of "Finding of Facts":
NOW THEREFORE,
In the event the City Council of the City of Edmonds
finds the rezone of the subject property as specified above does
not adversely affect the public health, safety, and general
welfare, and that the rezone is justified by sufficient changes
in of the surrounding area, and in consideration of
the City Council's rezoning the subject property and for so long
as the subject property remains rezoned, Owner and City of
Edmonds hereby covenant and agree to the following on behalf of
themselves, their heirs, and successors, and assigns:
1. This Agreement is tendered by Owner to Edmonds and
accepted by Edmonds, and all parties agree it is applicable to
the parties to this Agreement, their heirs, successors and
assigns, both as to duties and benefits. The terms of this
Agreement shall be specifically enforceable in equity by Edmonds.
2. Edmonds shall be under no obligation to issue
Owner, their heirs, their successors or assigns a building permit
and/or other permits for improvements, structures or uses upon
any of the subject property of Owner unless such improvements
and/or uses comply with the terms of this Agreement and the
applicable ordinances at the time of any application for said
permits.
3. This Agreement and each part of it shall be
considered covenants running with the land described above and
shall be binding upon Owner, their heirs, successors and/or
assigns. It shall be recorded with the Snohomish County Auditor
in the grantor/grantee index with Owner being listed as the
grantor and Edmonds as Grantee. All recording costs are to be
paid by Owner. Such recordation and payment of said costs shall
be a condition precedent to Owner exercising any rights under the
terms of this Agreement.
4. In consideration of Edmonds reclassifying the
subject real property from RS 8 to BN, and for so long as the
property remains so classified, Owner covenants to limit the use
of such property to a single family residence or professional
offices, as defined by Section 12.12.170 of the Edmonds City
Code, as now exists or as may hereafter be recodified.
Until such time as the Owner submits a building permit
application to construct any improvement or structure or any
portion thereof intruding into the existing area on the eastern
one-third of the lot maintained in natural growth, the Owner
shall maintain the existing natural area and is prohibited from
cutting, burning, or otherwise removing any of the existing
growth from the eastern one—third of the lot hereby defined to be
that portion lying along and 70 feet west of the easternmost
boundary of Lot 1 of Bergquist Addition.
That at the time that the subject property is used
and/or developed for other than single-family residential
purposes, the Owner shall:
(i) Set aside a total of 8500 square feet, being the
easternmost 70 feet more or less of the subject
property as a mitigation and greenbelt area.
The greenbelt area shall consist of the eastern-
most 45 feet of the subject property, containing
5397 square feet, more or less, to be permanently
left in a substantially natural state. No
clearing, grading, burning, filling or construc-
tion of any kind shall occur within this area
except for necessary utility installations, and
drainage and other improvements as may be needed
for the purposes of soil stabilization when
reviewed and approved by the City of Edmonds where
approvals are necessary. Removal of the trees in
the greenbelt by the property owner shall be
limited to those which are dead, diseased or
hazardous.
The mitigation area shall consist of the remainder
of the 8500 square feet, being approximately that
portion of the subject property lying between the
greenbelt area identified above and a line drawn
parallel to and 70 feet, more or less, west of the
eastern boundary of subject property. Upon filing
of any building permit application as above
specified, the greenbelt to be maintained in
natural growth shall revert to a greenbelt hereby
defined to be the easternmost 45 feet of Lot 1 of
the Bergquist Addition. The Owner of subject
property hereby agrees, upon use or development of
any portion of the mitigation area, to -install
additional landscaping including a combination of
fencing and/or natural vegetation in the greenbelt
and mitigation areas sufficient to visually screen
the subject property uses from adjacent lots in
the Bergquist Addition. Said landscaping shall be
reviewed and approved by the City of Edmonds.
Notification of the Architectural Design Board
meeting shall be made to the adjacent property
owners.
In addition to the 8500 square foot green belt and
mitigation area described above, the Owner of the'
subject property will set aside the southernmost
15 feet of the subject property which borders the
residential lots to the south as a landscaped
buffer zone. Upon use or development of the
subject property for other than single-family
residential purposes, the Owner of the subject
property agree to install additional landscaping
sufficient to visually screen the subject property
from the adjacent residential lots.
6. No applications shall be made by Owner, heirs,
their successors, or assigns to amend this Agreement for a period
of ten (10) years from the date hereof. Thereafter, Owner or
their successors heirs or assigns, or Edmonds may, upon applica-
tion, apply to amend or terminate the provisions of this Agree-
ment or to change the zoning on said property. Said application
to change or terminate the provisions and covenants or to rezone
said property shall be heard in the normal manner at appropriate
Public hearings as any other application for a rezone of property
in the City of Edmonds. Such action by either party shall not
release the Owner, heirs, its successors, or its assigns from the
obligations assumed under this Agreement, unless and until such
application shall be duly approved by Edmonds.
7. in the event that a suit is brought to enforce any
of the provisions of this agreement, the prevailing party shall
be entitled to reimbursement of all costs for said litigation
together with a sum for reasonable attorneys fees.
8. It is further expressly agreed that in the event any
covenant, condition, or restriction herein contained or any
portion thereof is invalid or void, such invalidity or voidness
shall in no way affect any other covenant, condition, or restric-
tion herein contained.
IN WITNESS WHEREOF, the parties have executed this
contract this 1*3 day of
S6o17,/8o�06
HENRY G. ANDAU
JOYCE R. LANDAU
CITY OF ,EDMONDS :
R,
ATTEST:
Y CLERK,
DATE: `1�'�
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
On this da personally appeared before me, ^�
� LtiC�c�v and c ` �, �c�c�4 to me known to the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN unde;,-�*tiisr3 official seal this day of
19
c 'o ff,PUBOC'-
y
r Y'0 i':�i
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
�RY PUBLIC jn and for the
'te of Washin ton, residing
On this day of ,. >�.�-4�_=� 19p�, before me
the undersigned, a Notary Public in and for the State of
Was ngton, duly commissioned and o n, personally appeared
and, to me known to be
the Mayor and City Clerk of he CITY OF EDMONDS, Washington, the
municipal corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the
official seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the
day and year first above written.
4NTiRY Pfor the
State of Washington, residing
at disc o��
Lot 1, Bergquist Addition, according to the
plat thereof recorded in Volume 15 of Plats,
page 105, records of the Auditor of the County
of Snohomish, State of Washington.
EXCEPT the West 7 1/2 feet thereof as con-
demned by the City of Edmonds by Decree
entered under Snohomish County Superior Court
Cause No. 106246.
EXHIBIT A