Ord 2168 R-3-80.pdfWDT/trs
10/27/80
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ORDINANCE NO. 2168
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
MULTIPLE -FAMILY, HIGH-DENSITY (RMH) TO COM-
MUPJITY BUSINESS (BC), AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND COVENANTS,
PURSUANT TO PLANNING COMMISSION RESOLUTION
NO. 662
WHEREAS, the Edmonds Planning Commission 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 at the con-
clusion of said hearing, the City Council determined the
following:
1. That the findings of fact and conclusions of
the Planning Commission contained in Planning Commission
Resolution No. 662 are correct and the same are hereby
adopted by the City Council and incorporated by this refer-
ence as if set forth in full.
2. That the proposed rezone, as limited by the
concomitant zoning agreement tendered to the City by the
owners of several parcels, 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 relation-
ship to the zoning and uses of the surrounding and nearby
properties and will not be detrimental to adjoining proper-
ties 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 the following described parcel of
property situate in the City of Edmonds, Washington, from
Multiple -Family, High -Density (RMH) to Community Business
(BC). The legal description of the property is Lots 37, 38,
39 and 40 of Block 98, Plat of the City of Edmonds, according
to plat thereof recorded in Volume 2 of Plats, pages 38 and
39, Records of Snohomish County, Washington.
Section 2. The Director of Community Development
and the Director of Public Works are hereby authorized and
directed 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 Constituting a Contract
-2-
Rezone" consisting of six typewritten pages which was
executed by the owners of Lots 37, 38 and 40 on the third
day of November , 1980, 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:
H. H. HARRISON
MAYOR, H. H. HARRISON
ATTEST/AUTIiENTICATED:
IRENE VARNEY MORAN
CITY CLERK, IRENE VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY James A. Murphy
FILED WITH THE CITY CLERK: October 27, 1980
PASSED BY THE CITY COUNCIL: November 4, 1980
POSTED: November 5, 1980
EFFECTIVE DATE: November 10, 1980
-3-
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 5th day of November 1980, affiant posted true and
correctoc pies of the attached Ordinance No. 2168► passed by the
City Council on the 4th day of November
1980, 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 5th day of November , 1980.
i
SUBSCRIBED AND SWORN to before me this day of
19
Notary Public in and for the
State gf Washington, residing
at
AGREEMENT AND COVENANTS CONSTITUTING
A CONTRACT REZONE
Richard R. Greiner, indivi dual..ly ,
r and Richard R. Greiner as Personal Repre-
C, sentative of the Estate of A.L. Greiner,anc,
THIS AGREEMENT 16 made th,i6 date between/HAGSART STOLE and ALICE
STOLE and LAURENCE G. HARRIS and CAROLVNNF R. HARRIS, hetea4teA Ae4etted
co to " "Owneu " and the CITY OF EDMONDS, (WASHINGTON, hetea4tet te4etctc.ed
to a/s "City. "
WHEREAS, the Owne z ate owneu o4 eeAta,in ptopetrty .L'ocated in the
City o �, Edmonds and mane pat ic0 aAt y dens etub ed a/s set Month hete.in,
and
WHEREAS, Owner have appPied (ot a change in the zoning ct".6 . kation
o4 the ptopenty !tom Muftipte-Fam ty, High-Denzity (RMH) to Community
Ru,siness (BC) , and
WHEREAS, the City hays caused the appY- cation in it,5 enti ety to be
tev.i ewed by it,6 Ptanning and Eng.ineeteing DepaAtments and .i is Ptanning
Comm ,sAion and hays 400 y eons,ideted the. teeommendati..on made a6tet such
tev.iew and the tecommendationz which the City binds to be apptopkiate
ane set (onth hete.in, and
WHEREAS, the Owneu ane w.iTt ing to imp.P.ement the 4oUow.ing eondit iou
.in the couture o{ the pto pos ed devil o Amen t and have tendered thin contract to
the City, now, thete!ote,
IN CONSIDERATION of the City Aec.Eas6i4ying the ptopen ty de6cA bed
V0L(3v3 PAGE
heAe,in {nom RMH to SC, and ion iso .long as the pnopetrty temains iso
ce.a.6,si4ed, Owneu covenant and agree " bottom:
1. Owneu ane ownetu6 o4 that cetr tain pance.l o{ teat pro peh ty heAea4tetc
ne4ehtc.ed to ass ",subject pnopeAty," .5 tuate in the City o4 Edmonds,
(Va,shington, and tegatty desctubed " Lots 37, 38, and 40, Mock 98,
City o4 Edmonds, W"hington, aeconding to the plat theAeo4 recorded
in Votume 2 o�l ptats, pages 38 and 39, neeonds o4 Snohomish County,
(Vacs hingto n.
2. Notwithstanding any otheA pnovi6ion.6 o4 the Edmonds City Code, ass
now on may he&ea�lteA be amended on necodi.lied, the Owneu agree to
tim.i t the use o4 the above de,6cAibed pnopeAty to netait stone, businus
and/on pno�esionat o44ices and seAvice uses, and/on neidentiat,
ine.?,ud i ng singte 4ami y. Sped 3 i catty excluded ane intense u6 e
such as automobile sale and seAvice, heavy equipment sale and service,
food sale {,on on -,site consumption, tavern, theatre, bow.Pi.ng alley, di i.ve-in
bines, eommenei.a.l panfung .lot, and tna-%l" sale.
3. I � eompati.bte with the pubt i,c hea.P th, sa4e ty, and geneca2 wet 4oAe, the
City wi-U cause the neeesany ond%nanee to be enacted to rezone subject
pnopeAty {nom RMH to BC.
4. Amendments to this agreement may be made by the Owneu on the City
upon appt i.cati.on kited in the same manner a,6 a rezone appti.cati.on;
provided, howeveA, no apptica ion shah be made by the Owneu on the
City to amend the agreement Uon a pehi.od o4 two (2) yeau nom the date
VOL � ('Auc A. ;'
o� this agAeement. TheAea4teA, eithetc the Owneu on. the City may, upon
appti.cati.on, app -Py to amend oA teAminate the pnovi6ions and covenants o4
th,v6 agteement oA to change the zoning on the subject pAopetcty oA any
poAti.on thetc.eo4. Said appUcation to change oA teAminate this aguement
oA to Rezone the subject pAopeAty sha.PP be heard in the noAma.- manneA at
appnoptciate pubUc heaAi.ngs as any otheA appti.eati.on {,oA a Rezone o�,
pAopeAty in the City of Edmonds.
5. The City sha.P.� be undeA no obtigati.on to issue to Ownehs oA the A succe�sso.,Ls
oA assigns bu,i-d c:nq peAmi is , occupancy peAm%ts , use peAmit-6 oA otheA
peAmi is oA appuvatz ()oA -impAovement6 on oA use o� the subject pAopehty
un,Pes,s such impAovements oA uses tie within the te4w o4 this agtc.ee.ment
and the appticabpe City ordinances at the time o4 any appt i.cation 4m
such peAmit oA apptovca.
G. Th iz agAeement, and each part of it, sha l be eonsideAed a covenant
Aunninq with the .Fund eoveAed heAeby and sha -t be binding upon the
Owneu, theiA succrosou and assigns, and the City. Thi ag)ceement
sha.P_,P_ be Aeeotcded with the Snohom.i�sh County Aud- tot in the GAantoA/GAantee
Index, with the Owners being Fisted as GAantou and the City as GAantee.
A.l coasts o� such Aeeotcdati.on shaU be paid by OwneAs. Such Aecotedati.on
and payment o{,, casts shah be a condition ptceeedent to the Owneu
exeAcizing any Aights undeA the teAms o6 this agAeement.
7. The teAms o�, this aguement may be specs%.{ieaPty ensot sed by the City.
14 e -i theA patrty bti.ngs suit to en4 mee any o4 the pAovizions o{ thin
agAeement, the pAeva,i Ping paAty sha,P.P. be awoAded Aeasonabte attoAney's
801107022-3
Iva,68'3 P4GE GZS'
�eez and titigation costs in such amounts as ane .set by the CouAt.
Gated th"
day o! Al,, Lpkjp 19,Zo.
C14ARD R. _�REIN'FER , in- OWNERS:
vi dual ly tot -6 37 9 38 - Btock 98
�X
X'PUtiAXL) X. G!ZE_LNEF , AS Personal
Representative of the Estate of
A. L. Greiner, deceased.
tot6 40 - btock 98
ATTEST/AUTHENTICATED:
db_9_1 %In. ot,6_�
Mayon, H.H. HaAAison_
M
21 ZT,
CI ITlr K, ENE VfRNEV MORAN
1�
WJ*
ST WAPf NVON
0
COLIN"'
On this day peuonatty appeared be{o,,Le me HAGBART STOLE and ALICE STOLE and
to me known to be the individuatz
dezcAibed in and who executed the within and 6otegoing instkament, and
acknowf-edqed that they zigned the Game " theit 4Aee and votuntaty act and
deed !ot the uzez and pu/,Lposes theAein mentioned.
.114 .
GIVEN unde/t my hand and o�34iciat zeat this ,-/day o(14��980.
8011070 <,' .......
OTA V PUBLIC i"n and 6o& the
State o� Walshington, &e6iding
at
YOL 16`53 PAGE%Z9
STATE F OF WASHINGTON, secuRlTV
Count, of F
YAKIM/� � ss. TITLE
On this day personally appeared before me RICHARD R. GREINER, _individually, and
as Personal Representative of the Estate of A. L. Greiner, deceased,
to me known to be the individual described in and who executed the within and fore na%Ph's1curiiegF arld
.y i.
acknowledged to me that h�' signed the same as �"11S
free and vo -.q.t aet' nd deed fr6r
the purposes therein mentioned. and as Personal Representativ Y'„1 Estate of
the Estat-E! of A. Lf Greiner, deceased
Gir,en under my hnd and offieigl mal is 1st o] C�t • d9 �
70223 j
®2 Gam- !
80110 / E--
Notary Public in and for the State of Washington, residing at Yaldmcl..
TL -34 1'66 Security Title Insurance Company of Washington — ACKNOWLEDGMENT — ORDINAii iV1'��Cui3U
feu and Atigation cost, in such amounK as ave set by the Count,
hated thiz j day
OWNERS:
tots 37 6 38 - Block 98
tots 40 - Mock 98
ATTEST AUTHENUCATER :
Mayon, H.H, HavLisor
C
.ibiERK", IREN6�IjARNEY MORAN
F'%) I%G70$T'
ss.
�7
Z _ i.
Adeline M. Bishop and Gloria A Douglass
On this day peuonatty appexted befove and
LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, to mn kmowr to be the Udividua0
desnibed in and who executed the within and jokegoing irztkumenf, m&
acknowledged that they signed the same as thei, Ghee and votantany act and
deed Xok the uzez and putpom -therein mentiomcd.
_0
MEN unduemy hand and olUciat z cat this. -day 7 9 8 0.
NOTARY' JUB L 1 C in and bon thc.
State oA Washington, midlay
0 L)
a
0 7
-VOL J683 PAGEN31
PLANNING COMMISSION RESOLUTION NO. 662
Findings of Fact, Conclusions:
and
Recommendations of Edmonds Planning Commission
on
Proposed Contract Rezone
After notice had been duly posted and published pursuant to
Section 12.16.170 of the Edmonds City Code, the Edmonds Planning
Commission held a public hearing to consider. Planning Division
File No. R-3-80, a requested rezone of certain property located
in the 600 block of Main Street from RMH to BC.
The City staff made a presentation and submitted documents"
for the Planning Commission review. Members of the public and
the applicant were given an opportunity to speak. The owner of
certain of the parcels of property tendered to the City a pro-
posed zoning agreement. Following discussion by the Planning
Commission, after a motion duly made and seconded, the Planning
Commission recommended approval of R-3-80 and acceptance of the
proposed concomitant zoning agreement. From the evidence pre-
sented to the Planning Commission, a majority of the Planning
Commission hereby makes the following Findings of Fact, Conclu-
sions and recommendations.
FINDINGS OF FACT
The subject property is located at the corner of Sixth
Avenue and Main Street in Edmonds, Washington. It is legally
described as Lots 37 through 40, Plat of the City of Edmonds.
The Stoles own Lots 37 and 38. The Harrises own Lot 40. Lot
39 is owned by Mr. and Mrs. Esterberg.
NCO
The properties are presently improved with single family
dwellings, although the City has issued conditional use permits
for commercial uses on the Stole property and on the Harris
property. The Esterberg property is currently used for single
family residence.
III
The property is presently zoned Multiple Family, High
Density (RMH). The application is for a rezone to Community
Business (BC). The Stoles and the Harrises are willing to
tender a concomitant zoning agreement which will limit the
uses made of the property. The Esterbergs have been contacted
by the other owners and the City staff, but have been unwilling
to impose limitations on their property by contract.
IV
Zoning to the south and west is Community Business. Zoning
to the north and east is Multiple Family, High Density. Di-
rectly across the street from the subject property are commer-
cial developments.
U
The Stoles and the Harrises propose to limit the use of
their property to retail sales, professional offices and other -
low -key business uses. While the Esterbergs have not agreed
ral
to limit the uses of their property, in fact due to the thirty
foot wide lot development of their property into an intensive
commercial or retail establishment allowed in the BC zone
would be extremely difficult and impractical.
Since the establishment of the zoning an the subject pro-
perty, the character of the surrounding neighborhood has
changed. Businesses have developed across the street and the
subject property, due to its location and the location of ad-
joining uses, is not suited for residential development.
VII
The uses to which the property would be limited to will
be compatible with the surrounding area and will not be detri-
mental to the public health, safety and general welfare.
VIII
The adverse environmental impacts of the proposed rezone
have been considered by the Planning Commission. In accordance
with the City's responsible official, there will be no signi-
ficant adverse environmental impacts.
CONCLUSIONS AND'RECOMMENDATION
All procedural requirements imposed by the Edmonds City
Code and state law have been fully complied with.
II
No environmental impact statement is required.
III
The proposed zoning classification, as limited by the
zoning agreement tendered by the Harrises and the Stoles is
consistent with the City of Edmonds Comprehensive Plan. The
proposed zoning classification will be compatible with the
surrounding uses and zoning classifications given the limita-
tions imposed by contract.
IV
The Planning Commission recommends to the City Council
that the subject property be rezoned from RMH to BC and that
the Council accept the proposed concomitant zoning agreement
tendered by the Stoles and the Harrises to the City.
1
2J
DATED this of October, 1980.
CHAIRMAN, PLANNING COMMISSION