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20110921100950099.pdf0006.150.004B WSS/klt 12/27/89 ORDINANCE NO. 2764 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 ON THE APPLICATION OF DOU'-G IKAGAMI FOR PROPERTY LOCATED AT 22211 - 76TH AVENUE WEST, APPLICATION NO. R-2-89, FROM RM -2.4 (MULTI -FAMILY RESIDENTIAL) TO CG (GENERAL 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 and adopting, the Findings and Conclusions of its Planning Board, 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 RM - 2.4 (multi -family residential) to CG (General Commercial), subject to the Concomitant Zoning Agreement, Exhibit A 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. WSS519740 -1- 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 A 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. Section 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, ,RAV S. NAUGHTEN ATTEST/AUTHENTICATED: V^Q C�tTY'tLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY-- FILED WITH THE CITY CLERK: December 27, 1989 PASSED BY THE CITY COUNCIL: March 6, 1990 PUBLISHED: March 11, 1990 EFFECTIVE DATE: March 16, 1990 ORDINANCE NO. 2764 WSS51974O -2- EXHIBIT A City of Edmonds 250 Fifth Avenue N.E. Edmonds, Washington 98020 CONCOMITANT REZONE AGREEMENT This greement is made and entered into this .411d1v day of _, 1989 by F. Douglas Ikegami and Patricia Ikegami, husband and wife, hereinafter referrred to as "Owner". RECITALS A. Whereas F. Douglas Ikegami and Patricia Ikegami are the owners of the following described real property located at 22211 -76th Avenue West, Edmonds, Wash. 98020 legally describesd as follows: LEGAL DESCRIPTIONS REZONE AREA: That portion of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East W.M., described as follows: Beginning at the Southwest corner of the Southwest quarter of the Northwest quarter of the Southwest quar- ter of Section 29, Township 27 North, Range 4 East, W.M.; THENCE North 0°44' West 480.16 feet; THENCE South 89°05'58" East 146.32 feet to True Point of Beginning; THENCE continuing South 89°05'58" East 190.0 feet; THENCE North 0°36'41" West 61.99 feet; THENCE North 89°05'58" West 190.0 feet; THENCE South 0°44' East 62.0 feet to True Point of Beginning. Situate in the County of Snohomish, State of Washington. B. Owner has applied to the City of Edmonds for a rezone of the Property from the Mutiple Residential Classification (RM 2.4) to the General Commercial Classification (Contract CG) subject to this Agreement. This Concomitant Zoning Agreement has been freely and voluntarily offered by the Owner to the City of Edmonds in conjunction with its application for zoning. This Concomitant Zoning Agreementis not offered as consideration for any approval on behalf of the City and acceptance thereof shall not bind the City in the exercise of its legislative and quasi judicial discretion. C. The City of Edmonds has found that this rezone is in the public interest, provided that development of the Property is planned and implemented in accordance with the standards, conditions and require- ments set forth in this agreement, which shall be an integral part of the zoning restrictions applicable to the Property. D. The Property adjoins other property already rezoned to General Commercial (Contract CO) to the North and General Commercial (CG) to the East. The Owner has constructed an Automobile Dealership on the abutting property to the North and operates a Motorhome Repair business on the abutting property to the East. The Owner intends to use the Property as part of the Automobile Dealership and Motorhome Repair business. AGREEMENT THE OWNER HEREBY AGREES AS FOLLOWS: 1. OIL and GAS STORAGE. There shall be no storage tanks for oil, gas or other petroleum products on the property. 2. NOISE. There shall be no outside loudspeakers, telephone bells or similar devices permitted on the Property. The Property shall comply with all City of Edmonds' ordinances regarding noise levels, as they may exist from time to time. 3. USE. Use of the Property shall be limited to automobile and motorhome parking, new and used car preparation, motorhome repair, reconditioning and related uses, together with all other uses permitted under the Property's present Multiple Residential Classification (RM 2.4), and no other uses whatsoever. However, if the Owner elects to construct multiple residential units; Owner agrees to abide by required setbacks under (RM 2.4) Multiple Residential Classification. 4. NEW CONSTRUCTION. Construction of any new building in the future shall be limited to the areas indicated on the attached map. (Exhibit A). S. SITE PLAN REVIEW. A Site Plan for development on the Property, and any amendments thereto, shall be subject to review and approval by the Architectural Design Board. The Site Plan shall include such landscape buffers as may be agreed upon or which may be required as a condition of Site Plan approval by the Architectural Design Board. 6. LEGAL REQUIREMENTS. The Owner, his heirs, successors, or assigns shall comply with all City Ordinances and regulations applicable to the development and use of the Property, and nothing therein shall be construed as superceding said ordinances or regulations nor shall acceptance hereof waive any right which the City may have at law or ordinance. 7. RECORDING. This Agreement shall be recorded with the Snohomish County Auditor for the purpose of subjecting the Property to the restrictions, conditions and limitations herein set forth, which are intended to an shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the land and binding upon the Owner, his heirs, successors or assigns. 8. ENFORCEMENT. Any violation of this Agreement by the Owner, his heirs, successors or assigns, shall be considered a violation of the City of Edmonds Municipal Cose, and shall be subject to all applicable penalties. In addition to said remedies, the City of Edmonds may also elect to bring an action or actions that will accomplish a specific performance of this Agreement. 9. CONSTRUCTION OF AGREEMENT. This Agreement is concomitant with the action of the Edmonds City Coucil in rezoning the Property to General Commercial Classification. Nothing herein contained shall be construed as being agreed to in consideration for said rezone, no does the City relinquish its legislative power with respect to said rezone in consideration of this Agreement. 10. BUFFERS. All landscape buffers and setbacks shall comply with City Ordinances. Buffers shall be installed and maintained in accordance with the approvals of the Architectural Design Board. OUGLAS IKEGAMI IKEGAMI PATRICIA A. STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that F. DOUGLAS IKEGAMI and PATRICIA IKEGAMI, husband and wife, signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned SUBSCRIBED AND SWORN to before of�� 198 7. NOTARY PUBLIC in and for e State of WAshin -ton, residing at My commission expires me this 7 day ACCEPTED BY THE CITY OF EDMONDS: IV I City Attorney ` ATTEST CITY CLERK EXHIBIT B That portion of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East W.M., described as follows: Beginning at the Southwest corner of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M.; Thence North 0044' West 480.16 feet; Thence South 89005'58" East 146.32 feet to True Point of Beginning; Thence continuing South 89°05'58" East 190.0 feet; Thence North 0136'41" West 61.99 feet; Thence North 89°05'58" West 190.0 feet; Thence South 0144' East 62.0 feet to True Point of Beginning. Situate in the County of Snohomish, State of Washington.