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Ordinance 33740006.900000 WSS/kkr 11/09/01 ORDINANCE NO. 3374 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED IMMEDIATELY EAST OF 9715 EDMONDS WAY, FILE NO. R- 2001 -94 FROM RM -1.5 TO BN AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Planning Board at a public hearing considered an amendment to the official. zoning map and made its findings and recommendations to the City Council, and WHEREAS, the City Council, after public hearing and review of the recommendations of the Planning Board has determined that the proposed amendment, conforms to the review criteria of the Edmonds Community Development Code and should be approved and therefore adopts the findings and conclusions of its Planning Board, and WHEREAS, the City Council in making its determination that the rezone application comports with the review criteria set forth in ECDC 20.40, specifically concludes that the use of the property by the applicant mirrors the land uses and zoning of surrounding properties, and that changes within the immediate vicinity of the property justify approval of the rezone, 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, is adopted by action of the City Council, is hereby amended to change the zoning classification of certain real {WSS497291.DOC;1/00006.900000/} - 1 - property located immediately east of 9715 Edmonds Way and legally described in file no. RM- 2001 -94 and the attached Exhibit A from RM -1.5 (Multiple Residential -1, 500 square feet) to (BN Neighborhood Business). The legal description of the property is described in Exhibit A, incorporated by this reference as fully as if herein set forth. Section 2. The Planning Manager is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MOOR G HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CIJY ATTORNEY: BY X5—wv W. SCOTT SNYDER FILED WITH THE CITY CLERK: 11/16/2001 PASSED BY THE CITY COUNCIL: 11/20/2001 PUBLISHED: 11/29/2001 EFFECTIVE DATE: 12/04/2001 ORDINANCE NO. 3374 {WSS497291.DOC;1/00006.900000/} - 2 - Exhibit A -1 Legal Description For Proposed Michel Rezone from RM -1.5 to BN That portion of the easterly half of the northeast quarter of the northwest quarter of the northeast quarter of quarter lying northerly of SR -104 (S.S. Highway No. 1- W), Section 36, Township 27 North, Range 3 East, W.M., in City of Edmonds, Snohomish County, Washington, described as follows: Beginning at the northwest corner of said subdivision, thence S 0 039'40" W, along the west line of said subdivision, a distance of 392.87 feet to the True Point of Beginning; thence continuing S 0 °39'40" W, a distance of 144.00 feet to an intersection with the northerly margin of SR -104, said margin being a curve to the left having a radius of 1388.89 feet and from which intersection point the center of said curve bears N 18 °16'50" W; thence easterly, along the arc of said curve and consuming a central angle of 3 031'42 ", an arc distance of 85.53 feet; thence N 0'39'40"_ E, a distance of 112.42 feet to a point which bears S 88 °22'40" E from the True Point of Beginning; thence N 88 °22'40" W, a distance of 80.00 feet to the True Point of Beginning. Vicinity Map Exhibit A -2 SUMMARY OF ORDINANCE NO. 3374 of the City of Edmonds, Washington On the 201h day of November, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3374. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL, PROPERTY LOCATED IMMEDIATELY EAST OF 9715 EDMONDS WAY, FILE NO. R- 2001 -94, FROM RM -1.5 TO BN AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21St day of November, 2001. �Z5;4 ez-4-r-' CITY CLERK, SANDRA S. CHASE {WSS497291.DOC;1/00006.900000/} - 3 - Affidavit of Publication STATE OF WASHINGTON, 1 S.S. COUNTY OF SNOHOMISH f S)MMAF, -OF ORDINANCE NO. 3374 of the ZIty o Edmon s, as mgton On the 20th day of November, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3374. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY OF EDMONDS WAY, LOCATED NO. ER-2001-94, E ROM RM 1�5 TO BN AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day CITY CLERK, SANDRA S. CHASE Exhibit A•1 Lea e ri tion r Propose Michel Rezone from RM•1.5 to BN That poRon o t e easteny nano I a nA t quarter of the northwest quarter of (t(he northeast quarter of quarter 36,T ownsh1 27SNOn , Range 9 EastNW.MWin City of Edmonds, nohomish County, Washington, described as follows: BeginninSSgg at the northwest coomer of said subdivision; thence subdivision,0a3distance of 392.87 feet oche True Point said oegmnuig, thence continuing S 0439'40" W, a distance of 144.00 feet to an intersection with the northedy margin of SR•104, said margin being a curve to the left having a radius of 1388.89 feet and from which intersection point the center of said curve bears N 18416'50" W; thence easterty, along the arc of said curve and consuming a central angle of 3231'42 ", an arc distance of 85.53 feet; thence N 0439'40" E. a distance of 112.42 feet to a point which bears S 88422'40" E from the True Point of Beginning; thence N 88422'40" W. a distance of 80.00 feet to the True Point of Be inning. 1 Published: November 29, 2001. — RECEIVED DEC 0 4 ?PQ1 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Summary of Ordinance No. 3374 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: November 29, 2001 and that said newspaper was regularly distributed to its subscribers during all of said Principal Clerk Subscribed and sworn to before me this 29th day of November, 2001 Nota ubli in and for the State of Was,'�i lat, Everett, 5nobomisb County. �•` ••M�Sgj•N•;y��:� RY � o % y ••?4 pVetlC y' 9 do 0 *679 "'��, wASH1NG�•�,.