Ord 2205 R-1-80.pdfWDT/al
7/17/80
ORDINANCE NO. 2205
AN ORDINANCE OF THE CITY OF EDMONDSWASH-
INGTON, AMENDING THE OFFICIAL ZONING P
OF THE CITY OF EDMONDS, WASHINGTON, BY
CHANGING THE ZONING CLASSIFICATION �,F CER-
TAIN PROPERTY LOCATED WITHIN SAID CITY FROM
MULTIPLE -FAMILY, HIGH-DENSITY (RME) TO COM-
MUNITY BUSINESS (BC), AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND COVENANTS,
PURSUANT TO PLANNING COMMISSION RESOLUTION
NO. 658
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 Commssion contained in Planning Commission
Resolution No. 658 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
property owner 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 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 7 and
8 of Block 121, 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
Rezone" consisting of five (5) typewritten pages which was
executed by the owners of the property on the 22 day of
December
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:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRENIV VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
i�
FILED WITH THE CITY CLERK: July 17, 1980
PASSED BY THE CITY COUNCIL: April 7, 1981
POSTED: April 8, 1981
EFFECTIVE DATE: April 13, 1981
wee
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.
the 8 day of April
In accordance with RCW 35A.12.160, on
, 1981, affiant posted true and
correct copies of the attached Ordinance No. 2205, passed by the
City Council on the 7_ day of April , 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 8 day of Apri 1 , 1981.
,f_-Aq-&fet-111
Lq
SUBSCRIBED AND SWORN to before me this `� day of
19Si
N6tary Public in and for the
State of Washington, residing
at �- 2" 'd 'C' i
AGREEMENT AND COVENANTS CONSTITUTING A
CONTRACT REZONE
THIS AGREEMENT is made this date between J. WARD
PHILLIPS, as his separate estate, hereafter referred to as
"owner", and the CITY OF EDMONDS, WASHIWCTON, hereafter
referred to as "City".
WHEREAS, the Owner is owner of certain property
located in the City of Edmonds and more particularly described
as set forth herein, and
WHEREAS, Owner has applied for a change in the
zoning classification of the property from.Multiple-Family,
High -Density (RMH) to Community Business (BC), and
WHEREAS, the City has caused the application in
its entirety to be reviewed by its Planning and Engineering
Departments and its Planning Commission and has fully consi-
dered their recommendation made after such review and the
recommendations which the City finds to be appropriate are
set forth herein, and
WHEREAS, the Owner is willing to implement the
following conditions in the course of the proposed development
and has tendered this contract to the City, now, therefore,
IN CONSIDERATION of the City reclassifying the
property described herein from RMH to BC, and for so long as
the property remains so classified, Owner covenants and
agrees as follows:
104 fl
VOL :..`a' PGE
1. owner is owner of that certain parcel of real
property hereafter referred to as "subject property",
situate in the City of Edmonds, Washington and legally
described as Lots 7 and 8 of Block 121, Plat of the
City of Edmonds, according to the plat thereof recorded
in Volume 2 of Plats, pages 38 and 39, Records of the
Auditor of Snohomish County, Washington.
2. Notwithstanding any other provision of the Edmonds City
Code, as now or may hereafter be amended or recodified,
the Owner agrees to limit the use of the above described
property to retail sales, business and/or professional
office space and/or residential.
3. All USeS shall be conducted within the two story
structure existing on the property on the effective
date of this agreement. Should the Owner construct any
other building or structure on the property, or add to
the existing structure, the structure or building shall
meet the bulk and dimensional requirements, including
building setbacks, of the highest density multi -family
zone existing in the City at the time of application
for permission to construct.
4. If compatible with the public health, safety and
general welfare, the City will cause the necessary
ordinance to be enacted to rezone the subject property
from RMH to BC.
5. Amendments to this agreement may be made by the Owner or
the City upon application filed in the same manner as
a rezone application; provided, however, no application
VOLI,-�J&PAD_E 1100?
shall be made by the Owner or the City to amend this
agreement for a period of two (2) years from the date
of this agreement. Thereafter, either the Owner or
the City may, upon application filed 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 the subject property or any por-
tion thereof. Said application to change or terminate
this agreement or to rezone the subject property shall
be heard in the normal manner at appropriate public
hearings as any other application for a rezone of
property in the City of Edmonds.
6. The City shall be under no obligation to issue to
Owner or his successors or assigns building permits,
occupancy permits, use permits or other permits or
approvals for improvements on or use of the subject
property unless such improvements or uses lie within
the terms of this agreement and the applicable City
ordinances at the time of any application for such
permit or approval.
7. This agreement, and each part of it, shall be considered
a covenant running with the land covered hereby and
shall be binding upon. the Owner, his successors and
assigns, and the City. This agreement shall be recorded
with the Snohomish County Auditor in the Grantor/Grantee
Index, with the Owner being listed at Grantor -.and the
City as Grantee. All costs of such recordation shall
be paid by Owner. Such recordation and payment of
VOL
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fl -1
costs shall be a condition precedent to the Owner
exercising any rights under the terms of this agreement.
The terms of this agreement may be specifically en-
forced by the City. If either party brings suit to
enforce any of the provisions of this agreement, the
prevailing party shall be awarded reasonable attorney's
fees and litigation costs in such amounts as are set by
t, court.
U-) DATED this 22nd day of -December, 1980.
0
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CLOWNER:
C
WARD PaILLIPS
TMC/AUTHENTICATED:
Q.
ARKC;IRENV VARNEY MORAN
A
VOASHINGTON
ss.
OF
CITY OF EDMONDS
MAYOR; H. H. HARRISON
On this day personally appeared before me J. WARD
PHILLIPS, to me known to be the individual described in and
who executed the within and foregoing instrument, and ac-
knowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and -AE-9ficial seal this
OrNOTI Qf a"C1980.
,P
NOT RY PU in an for the
State f Wi ington, residing
ell at
810416021248 VOL. 61 P'40 --E '�(30'9
STATE OF WASHINGTON
ss.
COUNTY OF S140HOMISH
On this /0 day of 19 80, before me, the
undersigned, a Notary Public in and for the State of Washing-
ton, duly commissioned and sworn, personally appeared H. H.
HARRISON and IRENE VARNEY MORAN, to me known to be the Mayor
and City Clerk of the CITY OF EDMONDS, Washington, the
municipal corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for
the uses and purposes therein mentioned, and on oath stated
that they Were authorized to execute said instrument and
that the seal affixed is the official seal of said municipal
corporation.
WITNESS my hand and
day and year first above,
6
C.,
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i
official seal hereto affixed
wr
)-tten.
NOTAY PUBLIC in and for the
State 9f Washington residing
at
8104160228 - VOL J:206 MENA