20110921114321877.pdf0006.150.071
WSS/jib
08/30/88
ORDINANCE NO. 2681
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 SOUTHWEST OF THE INTERSECTION
OF 220TH STREET SOUTHWEST AND HIGHWAY 99, KNOWN AS
THE IKEGAMI REZONE, FILE NO. R-1-88, 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 as submitted
and the Planning Board's recommendation. Adopted as the
Council's Findings of Fact and Conclusions of Law, attached
hereto as Exhibit A, incorporated by this reference 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 R -M
2.4 (Multi -family Residential) to GC (General Commercial),
WSS508370 -1-
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
"Concomitant Zoning Agreement", 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.
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
publication of a summary thereof consisting of its title, in the
City's official newspaper. ® 14
ATTEST/AUTHENTICATED:
I — �, 41a- -
CIT' CLERK, JACQUELINE G. PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
FILED WITH THE CITY CLERK: August 30, 1988
PASSED BY THE CITY COUNCIL: September 13, 1988
PUBLISHED: September 26, 1988
EFFECTIVE DATE: October 1, 1988
ORDINANCE NO. 2681
WSS50837O —3—
EXHIBIT A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY OF EDMONDS REZONE
CITY OF EDMONDS FILE: #R-1-88 (Revised)
After notification in conformance with law, the Planning Board of the
City of Edmonds conducted a public hearing on May 25, 1988 on the
contract rezone application of the the Doug Ikegami. The applicant has
requested approval of a proposal to establish General Commercial (CG)
zoning for property located at west of 22130 Highway 99. Based upon
the evidence presented thereat, the Planning Board makes the following
findings of fact:
FINDINGS OF FACT
1. The rezone area is located southwest of the intersection of 220th
St. S.W. and Highway 99. The site contains .96' acres of land..
There are two buildings located on the property. The subject
property is currently zoned RM -2.4 (Multiple Family).
2. The area is bordered by commercial development to the east. The
remaining areas to the north, south and west are a mixture of
multiple family and single family residential uses.
3. A mitigated determination of nonsignificance has been issued by
the City -on the rezone request.
4. The subject property is designated by the Comprehensive Plan Map
as High Density Residential. The area to the east is designated
as Highway 99 Commercial./High Rise Node_
5. The applicant intends to incorporate the subject property into his
intended developTent•of a new car dealership on the commercially
zoned property located to the east along Highway 99. -The
applicant has requested that, As part of the rezone request, a
concomitant agreement will be recorded affecting the property.
The agreement limits the uses on the property, along with other
restrictions dealing with buffering, noise and traffic.
5. Opposition was expressed*by residential property owners and
tenants located to the north, south and west. Concerns centered
on noise, traffic and buffering.
6. The subject property is physically suited for development under
both the existing or proposed.commerciai zoning.
CONCLUSIONS OF LAW
1. Based upon concerns due to access, traffic, buffering and noise,
an outright rezone to CG zoning would be in conflict with the '
Planning Board ( amendation
#R-1-88 (Revised)
C ge 2
Comprehensive Plan. The proposed contract rezone would allow
development more consistent with the Comprehensive Plan.
2. Opposition to *the rezone has been expressed by the surrounding
residents. Their concerns centered on the proposed access onto
76th Ave. W., noise, and the incompatibility of land uses.
3. With proper conditions, no significant adverse environmental
impact will result from the rezone request_ The applicant has
revised the rezone request to a contract rezone which has
addressed most of the concerns of the residential neighborhood.
4. The Planning Board supports the concept of a contract rezone on ---
the subject property.
5. A contract rezone is the most appropriate action, if the subject
property is to be rezoned for commercial use.
RECOMMENDATION TO THE CITY COUNCIL
The Planning Board of the City of Edmonds recommends to the City
Council that revised Rezone Application R-1-88 be approved.. The Board
futher recommends that the Architectural Design Board consider the
fallowing three items in review of this project:
1. Buffering on the north, south, and west sides of the property and
the visual impact and topography and how that may or may not
assist in the elimination of those impacts.
2. How the access route -is being improved, and buffering for the
homes from the access point to 76th Avenue West.
.3. Review the sections in the code regarding noise, light and glare
concerns as they impact this site and adjacent property.
This recommendation was passed by the Planning Board, four to two, with
Sharon Claussen and William Mathias opposing the motion.
PASSED the 25th day of May, 1988.
LM R, CHAIR
EOM N S PLANNING BOARD
PBRECRIR/TXTDVB51
EXHIBIT "B"
That portion of the Northwest quarter of the Southwest quarter
of Section 29, Township 27 North, Range 4 East, W.M., Snohomish
County, Washington, described as follows:
COMMENCING at the Northwest corner of the Northwest quarter of
the Northwest quarter of the Southwest quarter of said section;
thence South 0°44'32" East along the West line of said subdivi-
sion and the centerline of 76th Avenue West a distance of 591.00
feet; thence South 89006148" East 154.00 feet to the POINT OF
BEGINNING; thence continuing South 89006148" East 76.00 feet;
thence North 0044136" West 46.00 feet to the South boundary of
Swan's Addition, according to the plat thereof recorded in Volume
16 of Plats, Page 110, Records of said County; thence South
89006148" East along said plat boundary 106.85 feet to the East
line of the West half of said Northwest quarter of the Northwest
quarter of the Southwest quarter; thence South 0037110" East
along said East line and the East line of the West half of the
Southwest quarter of the Northwest quarter of the Southwest
quarter of said section a total distance of 244.12 feet to a
point which bears South 89006113" East 336.33 feet and North
0044132" West 542.16 feet from the Southwest corner of said
Southwest quarter of the Northwest quarter of the southwest
quarter; thence North 89006113" West 190.00 feet; thence North
1028138" East 198.04 feet to the POINT OF BEGINNING.
Filed for record at request of:
City of Edmonds
250 Fifth Avenue N.E.
Edmonds, Washington 98020
CONCOMITANT REZONE AGREEMENT
of 4This Agreement is made and entered into this,,d/day
W- , 1988 by F. DOUGLAS IKEGAMI and PATRICIA IKEGAMI,
husband and wife, hereinafter referred to as "Owner".
RECITALS
A. Owner is the holder of an agreement to acquire by
way of like kind exchange property located at 22005 - 76th Avenue
West, Edmonds, Washington (the "Property"). The Property is
owned by Robert E. Bolz and Margaret B. Bolz, husband and wife,
and is legally described as follows:
That portion of the Northwest quarter of the Southwest quarter of
Section 29, Township 27 North, Range 4 East, W.M., Snohomish
County, Washington, described as follows:
COMMENCING at the Northwest corner of the Northwest quarter of
the Northwest quarter of the Southwest quarter of said section;
thence South 0°44'32" East along the West line of said subdivi-
sion and the centerline of 76th Avenue West a distance of 591.00
feet; thence South 89106'48" East 154.00 feet to the POINT OF
BEGINNING; thence continuing South 89006'48" East 76.00 feet;
thence North 0144'36" West 46.00 feet to the South boundary of
Swan's Addition, according to the plat thereof recorded in Volume
16 of Plats, Page 110, Records of said County; thence South
89106'48" East along said plat boundary 106.85 feet to the East
line of the West half of said Northwest quarter of the Northwest
quarter of the Southwest quarter; thence South 0137'10" East
along said East line and the East line of the West half of the
Southwest quarter of the Northwest quarter of the Southwest
quarter of said section a total distance of 244.12 feet to a
point which bears South 89106'13" East 336.33 feet and North
0144'32" West 542.16 feet from the Southwest corner of said
Southwest quarter of the Northwest quarter of the southwest
quarter; thence North 89106'13" West 190.00 feet; thence North
1128'38" East 198.04 feet to the POINT OF BEGINNING.
B. Owner has applied to the City of Edmonds for a
rezone of the Property from the Multiple Residential Classifica-
tion (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
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Concomitant Zoning Agreement is 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 requirements 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 to the east.
This eastern property in turn abuts the western boundary of
Highway 99. It is the intent of the Owner to construct on this
abutting property and the Property an automobile dealership.
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. Highway 99 Access. Trucks and other commercial
vehicles shall enter and exit the Property only from Highway
99. Sufficient turnaround space shall be provided on the
Property or on the adjacent property referred to in paragraph D
above.
4. Use. Use of the Property shall be limited to auto-
mobile parking, new and used car preparation, reconditioning and
related uses, together with all other uses permitted under the
Property's present Multiple Residential Classification (RM 2.4),
and no other use whatsoever.
5. Existing Frame Building. The existing frame build-
ing on the Property located closest to 76th Avenue West shall
substantially retain its current appearance from 76th Avenue
Wesf. Any auto access to this building shall be from the east
side of the building. Any significant changes in the exterior of
the existing framed' building shall be approved by the
Architectural Design Board in accordance with the provisions of
City Ordinance.
6. Access From 76th Avenue West. There currently
exists a curb cut driveway off 76th Avenue West into the
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Property. This access shall be closed by a gate, chain or other
device at the West boundary of Property by Owner by 7:00 p.m. to
no earlier than 7:00 a.m. the following day (except in case of
emergency). A directional sign shall be constructed and located
adjacent to 76th Avenue West indicating that access to the busi-
ness located on the Property is from Highway 99.
7. 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.
8. Legal Requirements. The Owner, his heirs, suc-
cessors, or assigns shall comply with all City Ordinances and
regulations applicable to the development and use of the
Property, and nothing herein 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.
9. 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 and 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.
10. 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 Code, and shall be
subject to all applicable penalties. In addition to said reme-
dies, the City of Edmonds may also elect to bring an action or
actions that will accomplish a specific performance of this
Agreement.
11. Construction of Agreement. This Agreement is con-
comitant with the action of the Edmonds City Council in rezoning
the Property to General Commercial Classification. Nothing
herein contained shall be construed as being agreed to in con-
sideration for said rezone, nor does the City relinquish its
legislative power with respect to said rezone in consideration of
this Agreement.
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12. Buffers. All
comply with City Ordinances.
maintained in accordance wit
Design Board.
landscape buffers and setbacks shall
Buffers shall be installed and
h the approvals of the Architectural
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 volun-
tary act for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this, day
of j6t�L- J , 1988.
NOTARY PUBUIC in and for the
State of Wash' mon p
residing at _�t
My commission expires —a 42
ACCEPTED BY THE CITY OF EDMONDS:
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ATTEST
CIT CLER