20110921170022394.pdfMAE/lac
11/16/81
ORDINANCE NO. 2249
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDMONDS, WASHINGTON, BY
CHANGING THE ZONING CLASSIFICATION OF CER-
TAIN PROPERTY LOCATED WITHIN SAID CITY FROM
MULTI -FAMILY RESIDENTIAL (RM -2.4) TO GEN-
ERAL COMMERCIAL (CG) AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND COVENANTS,
PURSUANT TO PLANNING ADVISORY BOARD RESO-
LUTION NO. 669 .
WHEREAS, the Edmonds Planning Advisory Board has
held a public hearing and has forwarded its recommendations
to the City Council, and
WHEREAS, a public hearing was called by the City
Council of the City of Edmonds, Washington, and after con-
sidering the Planning Advisory Board's findings and recom-
mendations, the City Council determined the following:
1. That the findings of fact and conclusions of
the Planning Advisory Board contained in Planning Advisory
Board Resolution No. 669 are correct and the same are
hereby adopted by the City Council and incorporated by
this reference as if set forth in full, except that the
first sentence of Finding of Fact VI(1) of said resolution
is not to be the finding of this City Council, and, instead,
this Council finds that the street proposed for Parcel "D"
will be constructed to meet City standards in a fifty foot
right of way with curb to curb paving, curbs, gutters and a
sidewalk on one side if Parcel "D" is developed as a Park
and Ride Lot, but if Parcel "D" is not developed as a Park
and Ride Lot, said street shall be constructed to meet city
standards in a sixty foot right of way with pavement curb
to curb, gutters and sidewalks on both sides.
2. That the proposed rezone, as limited by the
concomitant zoning agreement tendered to the City by the
owners of the subject property, will allow development which
is compatible with adjoining uses and is appropriate for
the area.
3. The proposed zoning change, as limited by
the concomitant zoning agreement, bears a reasonable rela-
tionship to the zoning and uses of the surrounding and
nearby properties and will not be detrimental to adjoining
properties or uses.
4. That in accordance with the findings of the
City's responsible official, there will be no significant
adverse environmental impacts, 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, Washington, is hereby amended by changing the
zoning classification of certain property situated in the
City of Edmonds, Washington, from Multi -Family residential
(RM -2.4) to General Commercial (CG) whose legal description
is set forth in Exhibit A and incorporated by reference
as if set forth fully herein.
Section 2. The Director of Planning and the
Director of Public Works are hereby authorized and directed
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to effectuate the necessary amendments to the official
zoning map of the City, pursuant to this ordinance.
Section 3. The Mayor is hereby authorized to
execute and the City Clerk to attest that certain document
entitled "Agreement and Covenants in the Nature of a Contract
Rezone" consisting of 7 typewritten pages which was
executed by the owners of the subject property on the 17th
day of November . , 1981, and tendered to the City.
The City Clerk is further directed to record the document
with the Snohomish County Auditor as a covenant running
with the land. All costs of recording shall be paid by the
owner.
Section 4. This ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
APPROVED:
� f
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
ME -"d -'
i t ii L.
�r- �•�
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
rm'-wWAM M-irw
i
�•
FILED WITH THE CITY CLERK: November 17, 1981
PASSED BY THE CITY COUNCIL: November 17, 1981
POSTED: November 18, 1981
EFFECTIVE DATE: November 23, 1981
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EXHIBIT A
All.of Tract 3 and that portion of Tract 2,
Solner's Five Acre Tracts according to the plat
thereof recorded in Volume 7 of Plats on
page 25, records of Snohomish County, Washington,
lying• southerly and easterly of a line A..hich begins
at a point on the north line of.Tract 2, S 88°
52' 14" E 585.00 feet from the northwest corner
of Lot 3 of: Forshee's Upland Tracts according
to .the plat thereof recorded in Volume 13 of
Plats on page 57, records of said County; thence
S 00 25' 10" 14, parallel with the west line of
said Tract 2, a distance of• 125.00 feet; thence
S 690 28' 51" «. 291.3; feet to the •.est line
of said Tract 2 at the southeast corner of
Lot 1 of said Forshee"s Upland Tracts and the
terminus of the line herein described; TOGETHER -WITH
Tract 4 of said Solner's Five -Acre Tracts; E`;CEPT
the west 100.00 feet -of the North 216.00 Beet; and
EXCEPT the north 159.00 feet of the remainc?er;
Situate in Snohomish County, 11ashington.
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 18 day of November , 1981, affiant posted true and
correct copies of the attached Ordinance No. 2249, passed by the
City Council on the 17 day of
November
, 1981 , at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 18 day of
November
, 1981 .
SUBSCRIBED AND SWORN to before me this %,9 day of
N tary Public in and for the
State of Washington, residing
at C -"—t f -;�L-e`C �� .
WHEREAS, La Pierre is the owner of the property described in
Exhibit 1 attached hereto and incorporated herein, and
WHEREAS, La Pierre has applied for a change of the zoning of
said subject property in part from RML to C -G; 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 departments, and has
fully considered recommendations made after such staff reviews;
and
WHEREAS, La Pierre has determined a willingness and ability
to implement certain of the aforementioned staff recommendations
in the course of its proposed development in the event its
request to rezone is approved; and
WHEREAS, La Pierre and Edmonds are willing to enter into an
amendment to the original contract executed on or about August
16, 1978, and to reclassify the property described in Exhibit 1
from RML to C -G,
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. This agreement is tendered by La Pierre to Edmonds and
accepted by Edmonds, and all parties agree that it is applicable
to the parties to this agreement their heirs, successors and
assigns and defines both their duties and benefits. The terms
of this agreement shall be specifically enforceable and further,
shall amend that agreement entered into on or about August 16,
1978, and recorded under Auditor's Receiving No. 7808300288, and
vas 7 i6 Peet 10
RPT: bb (8/
`� ,/� C f i 7' l L l I
C V /..
I
AGREEMENTS
AND COVENANTS IN THE NATURE
OF A CONTRACT REZONE
THIS IS
AN AGREEMENT AND COVENANTS
between La Pierre Indus-
tries, Inc.
hereinafter referred to as
"La Pierre" and the City
'
of Edmonds,
a municipal corporation hereinafter referred to as
"Edmonds",
WITNESSETH:
WHEREAS, La Pierre is the owner of the property described in
Exhibit 1 attached hereto and incorporated herein, and
WHEREAS, La Pierre has applied for a change of the zoning of
said subject property in part from RML to C -G; 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 departments, and has
fully considered recommendations made after such staff reviews;
and
WHEREAS, La Pierre has determined a willingness and ability
to implement certain of the aforementioned staff recommendations
in the course of its proposed development in the event its
request to rezone is approved; and
WHEREAS, La Pierre and Edmonds are willing to enter into an
amendment to the original contract executed on or about August
16, 1978, and to reclassify the property described in Exhibit 1
from RML to C -G,
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. This agreement is tendered by La Pierre to Edmonds and
accepted by Edmonds, and all parties agree that it is applicable
to the parties to this agreement their heirs, successors and
assigns and defines both their duties and benefits. The terms
of this agreement shall be specifically enforceable and further,
shall amend that agreement entered into on or about August 16,
1978, and recorded under Auditor's Receiving No. 7808300288, and
vas 7 i6 Peet 10
to the extent not inconsistent herewith, the terms shall continue
in full force and effect.
2. Edmonds shall not be under any obligation to issue La
Pierre or his successors or assigns a building or other permit
for improvements or expansions upon any of the subject property
described in Exhibit 1 unless such improvements are consistent
with the terms hereof and applicable ordinances of the City of
Edmonds in effect at the time of any application for any such
permit(s).
3. This agreement and each part of it shall be considered
covenants running with the land and covered hereby and shall
amend the previous covenants set forth in the prior agreement of
August 16, 1978, referred to above and shall be recorded with the
Snohomish County Auditor in the grantor/grantee index with La
Pierre being listed as grantor and Edmonds as grantee and all
costs of such recordation shall be paid by La Pierre. Such
recordation and payment of said costs shall be a condition pre-
cedent to La Pierre exercising any rights under the terms of this
agreement.
4. In consideration of Edmonds reclassifying the property
described in Exhibit 1 from RML to C -G and for so long as the
property remains so classified, La Pierre covenants as follows:
a. To develop the subject property in accordance with
the land use designation set forth in Exhibit 2 attached hereto
and incorporated herein by reference. Said exhibit provides that
that portion of Lot 2 Solner's Five Acre Tract shall be developed
to a maximum of 224 apartment or condominium units; Parcel "D"
being portions of Lot 4 and Lot 2 Solner's Five Acre Tract for a
park and ride and/or commercial/office only; Parcel C for roadway
and utilities; and Parcel B for commercial/offices. La Pierre
reserves the right to make minor revisions in the final plans
subject to Edmonds review and approval. Such development will
include substantial landscaping as is specified in prior agreement
of August 16, 1978, which terms are incorporated herein.
VOLV36PAGE 111
b. To improve 72nd Avenue West, from the intersection
of 212th S.W. to the south property line of the subject property
to a 44 foot paved section constructed to City standards; to
align and connect the new curb on 72nd Avenue West to the existing
curb on 212th Street S.W. The right of way proposed for Parcel C
shall be 50 feet in width with street constructed in accordance
with the Department of Transportation design as set forth in
Exhibit A and together with the south 10 feet of Parcel B as a
utility easement if the Park and Ride Lot is built on Parcel D
and 60 feet in width if the Park and Ride Lot is not constructed
on Parcel D. Said street shall be dedicated if desired by the
city and in any event (except as to width if Park and Ride is
built) shall be improved to city street standards. The road
shall be built or a bond in a form and amount acceptable to the
city insuring said construction shall be submitted to and approved
by the city before subdivision or building permit is issued for
Parcel A or D.
C. To place approved "No Parking" signs on both sides
of 72nd Avenue West as directed by Edmonds adjacent to the
subject property.
d. To apply traffic control stripes to the intersection
of 212th Street S.W. and 72nd Avenue West; 72nd Avenue West
northbound to two lanes, marked for a right turn only lane, and a
through and left turn lane for a distance of approximately 50 feet
south from the southerly margin of 212th Street S.W.; all of the
foregoing improvements to be to City standards, and are subject to
review and approval of the City Engineer; provided further that these
requirements with respect to 72nd under this subparagraph may also be
modified for the construction of the Park and Ride Lot if approved by
the City of Edmonds in the same manner as provided for above. i -i.
e. To construct to the City standards a Portland cement
concrete barrier along the center line of 212th Street S.W. a distance
of 360 feet easterly from its intersection with 76th when deemed
necessary by the City of Edmonds.
V01-7fAa 112
8201260095
f. To pay a proportionate share of the cost of improve-
ments to the existing sewer system, based upon one of the following
mehtods, whicherver is greater;
(1) The ratio of the land area of the subject
property compared to the total land area of the property to be
served by such sewer system improvement.
(2) The ratio of the potential equivalent resi-
dential customer count in the land area of the subject property
compared to the total potential equivalent residential customer
count in the total land area of the property served by such improve-
ment, considered in light of the zoning in effect at the time
such improvement is completed. All in accordance with the
determination of the Edmonds Public Works Department. (It is
acknowledged that La Pierre Industries, Inc. is entitled presently
to sewer service for 194 units on the subject property and has
already paid for 153 units, together with the cost to improve that
certain 8 -inch line on 72nd in the approximate sum of $2,700).
g. All work shall be done in such manner that no
unusual noise or disturbance will be caused and no unsightly
debris allowed to accumulate nor any nuisance created in the area
neighborhood. Ar
h. To provide a minimum building setback of 20 feet(Y�
from all property lines for the property described as Parcel A.
i. The property described as Parcel 1 in the Agreement
of August 16, 1978, shall be limited to business office, professional
office and clinics and any type of enterprise rendering professional
personal services as provided in the City.of Edmonds code.
j. La Pierre agress to pay for one-third (1/3) of the
cost of the traffic signal and related traffic channelization at the
intersection of 216th Street S.W. and Highway 99 when constructed;
provided that in any event La Pierre will not be obligated hereby for
more than $35,000.00.
vol- 1736 PAGE n,3
Ur
Edmonc',
Said payment to be paid sixty (60) days after completion of said
signals and invoicing therefore.
k. No more than 153 dwellings may be constructed on
Parcel "A" without compensation to upgrade the sanitary sewer as
provided for herein.
La Pierre has already paid for 153 units. La Pierre
may build up to 194 units on Parcel "A" provided it pays the
difference between 153 and 194 at the old rate as calculated for
the 153 units.
No building permit will be issued for Parcel A for
units in excess of 194 unless payment is made and the provisions
for the installation of necessary improvements are made to
upgrade the sanitary sewer system in conformance with a study to
be conducted by the city in the near future and as approved by
the City Council.
5. No application shall be made by La Pierre or Edmonds or
their successors to materially amend this agreement for a period
of twenty-four (24) months from the date hereof. Thereafter,
either La Pierre or its successors or assigns or Edmonds may upon
application file in the same manner as a rezone application
apply to amend or terminate the provisions and covenants of this
agreement or to change the zoning on said property. Said appli-
cation to change or terminate the provisions of covenants or to
rezone said property shall, as aforesaid, be heard in the manner
at appropriate public hearings as any other applications for a
rezone of the property in the City of Edmonds. Such action by
either party shall not release the other or its successors or its
assigns from the obligations assumed under this agreement, unless
and until such application shall be duly approved by Edmonds.
6. Edmonds will cause the necessary ordinances to be
enacted to rezone the property described in Exhibit 1 from RML to
C -G for those uses as defined and permited by the Edmonds Zoning
Code in effect at the time of this contract, and for such uses as
are contemplated and intended by this agreement as set forth in
Exhibit 2 attached hereto.
8201260095
von_ -5- 17'� fA (,,,,E W
CITY CLERK
Civic Center
7. In the event the City must bring suit to enforce any of
the provisions of this agreement and prevails in said action,
then it shall be entitled to reimbursement of all costs for said
litigation and a reasonable attorney's fees.
8. This agreement will be a covenant running with the land
described in Exhibit 1 and be binding on the successors and/or
assigns of La Pierre Industries, Inc.
IN WITNESS WHEREOF the parties have executed this contract
this )V 6 day of %�/=ir, 6/d,- , 1981.
7AIR
CI OF •NI DS
By j&:r J .mow
Mayor
ATTESTED TO:
B
4_,,,,U,dj2Z�, ?)t&�
Edmonds City Clerk
STATE OF V',k,,Ch )
SS.
COUNTY OF k , )_Z, L;4 rz,, rlc_
On this ")' day of1981, before me, the under-
signed, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Z,
- to me known to be the President of La PIERRE
INDUSTRIES, INC. the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was auth-
orized to execute the said instrument and that the seat affixed
is the corporate seal of said corporation.
WITNESS my hand and official seal affixed the day and year
first above written.
M1 _ OFFICIAL SEAN
KAREN MC CALL Notary Public in and for
NOTARY PUBLIC •CALIFORNIA
RIVERSIDE COUNTY
Washington, residing at,1,�,
,
my comm. expires FEB 22, 1983
8 20 26009§ VOL J7,% PAGE 1;5
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