PLN197100001-8366 (2)ORDINANCE NO.`f
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
AMENDING THE OFFICIAL ZONING MAP, EDMONDS,
WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PROPERTY FROM MULTIPLE RESIDENTIAL,
HIGH DENSITY (RMH) TO GENERAL COMMERCIAL (CG)
OVERRULING PLANNING COMMISSION RESOLUTION NO.
353`AND AUTHORIZING THE EXECUTION OF AN AGREE-
MENT AND COVENANTS.
WHEREAS, pursuant to public hearing having been
called by the City Council in accordance with Planning
Commission Resolution No. 353 and the City Council having
determined that the following designated zoning amendment
would be the most consistent and advantageous for the develop-
ment and appropriate use of said property and for the health,
safety, morals and general welfare of the public, provided
that the applicant satisfies certain additional limitations
by contract, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map, Edmonds,
Washington, be and the same is hereby amended by changing
the zoning classification from Multiple Residential High
Density (RMH) to General Commercial (CG) which is legally
described on Exhibit "A" attached hereto and by this reference
incorporated herein as if set forth in full, all situate in
the City of Edmonds, County of Snohomish, State of Washington.
Section 2. The City Engineer is hereby directed to
effectuate the necessary amendments to the Official Zoning
Map of Edmonds, Washington, pursuant to this ordinance.
Section 3. The Mayor is hereby authorized to
execute, and the City Clerk attest, that Agreement and Covenants
231 -
proferred by the owner of the above described property and
record the same with the County: Auditor as a covenant running
with the land. A
APPROVED:
ATTEST.:
CITY CLERK
PASSED BY THE CITY COUNCIL: April 6, 1971
FILED WITH THE CITY CLERK: April 6, 1971
PUBLISHED: April 14, 1971
-2=
AGREEMENT AND COVENANTS
THIS IS AN AGREEMENT AND COVENANTS between G. JOHN DOCES„
:2
�+ and DOCES ENTERPRISES, INC. (hereinafter referred to as "Owner")
w
e�1
and the CITY OF EDMONDS, a municipal corporation (hereinafter
cr
referred to as "Edmonds"),
WITNESSETH:
WHEREAS, Owner has applied to Edmonds as more fully
set forth in Planning Commission File No. R-1-71 to rezone
certain property from Multiple Residential High Density (RMH)
to General Commercial (CG), and
WHEREAS, the Planning Commission of Edmonds recommended
that the requested rezoning be denied, and
WHEREAS the City Council of Edmonds having held a
public hearing and determined that the proposed rezone would
be the most consistent and advantageous for the development
and appropriate use of said property and for the health,
safety, morals and general welfare of the public provided that
certain additional limitations be met which were peculiar to
the subject property, and
WHEREAS, Owner has offered to tender Edmonds this
Agreement and Covenants respecting said additional limitations
relative to the property within Owner's ownership, and
WHEREAS the covenants of this Agreement and Covenants
are intended to constitute a basis for rezoning the property
as set forth herein and are intended to be in effect from the
effective date of such rezone, and
WHEREAS, the use of the subject property will have
a substantial relation to the people, land and resources,
health, welfare, safety and morals of Edmonds, and owner
recognizes a need for control and cooperation in securing the
proper development of the property compatibly with thek.._
9FROAL FECICFF''c.. ..
Aini dgQ r,rri r�,2
surrounding uses, now, therefore,
IT IS HEREBY AGREED:
1. This Agreement and Covenants is tendered to
Edmonds by Owner, and accepted by Edmonds, and all parties
agree it is applicable to the parties to this Agreement, their
heirs, successors and assigns, both as to duties and benefits.
Owner agrees that this Agreement shall be specifically enforce-
able by Edmonds in equity.
2. Edmonds shall be under no obligation to issue
Owner or its successors or assigns a building permit for
improvements or expansion upon any of the property of Owner
unless such improvements comply with the terms hereof and the
applicable ordinances at the time of any application for
building permit.
3. This Agreement and each part of it shall be con-
sidered covenants running with the land covered hereby and
shall be binding upon the successors and assigns of owner.
The property owned by Owner which is subject to said covenants
is legally described as follows, all situate in the City of
Edmonds, County of Snohomish, State of Washington:
That portion of Tracts 3 and 4, LAKE MCALEER
FIVE ACRE TRACTS, according to the plat thereof
recorded in Volume 5 of Plats, on Page 48, records
of Snohomish County,. Washington, described as follows.
Commencing at the Southwest corner of said Tract
3; thence S 88'26'18"E, along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land
herein described; thence continuing S 88*26'18"E
along the South line of said Tract 3, a distance
of 251.29 feet to the Southeast corner of said
Tract 3; thence N 0*45'50"E, along the East line
of said Tract 3, a distance of 457.63 feet to a
point S 0045150"W, 186.50 feet from the Northeast
corner thereof; thence S 88129'56"E, parallel
to the north line of said Tract 4, a distance of
80.00 feet; thence N 0145'50"E, parallel to the
West line of Tract 4, a distance of 186.50 feet
to the North line of above said Tract 4; thence
N 88'29'56"W, along the North line of said Tract
4, a distance of 80.00 feet to the Northeast
corner of above said Tract 3; thence S 0'45'50"W,
along the East line of said Tract 3, a distance
-2- OFFICIAL RECOkLIS'
vii
of 10.00 feet; thence N 88029156"W, parallel to
the North line of said Tract 3, a distance of
201.64 feet; thence S 0143'57"W, parallel to the
West line of above said Tract 3, a distance of
176.96 feet to a point 135.00 feet north of the
south line of the North one-half of said Tract 3;
thence N 88028'07"W, parallel to said south line,
50.00 feet; thence S 0043'57"W, parallel with the.
West line of said Tract 3, a distance of 456.84
feet to the True Point of Beginning.
4. The portion of the property of Owner which is
the subject of the rezone application giving rise to this
Agreement all situate in the City of Edmonds, County of
Snohomish, State of Washington, is hereby legally described
as follows:
That portion of Tract 3, LAKE MC ALEER FIVE ACRE
TRACTS, according to the.plat thereof recorded in
Volume 5 of Plats, on page 48, records of
Snohomish County, Washington, described as follows:
Commencing at the Southwest corner of said Tract
3, thence S 88°26'18" E. along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land
herein described; thence continuing S 88°26118"
E. along the South line of said Tract 3, a distance
of 50 feet, thence N'0043'57" E. parallel to the
West line of above said Tract 3, 456.841-'feet to a
point 176.96 feet South of the North line of said
Tract 3, thence N. 88°28'07" W, a distance of 50
i4 feet, thence S 0043157" W parallel with the west
line of said Tract 3, a distance of 456.84 feet to
the True Point of Beginning.
Yam. This Agreement and Covenants is conditioned upon said legally
described property being rezoned from Multiple Residential
High Density (RMH) to General Commercial (CG).
5. Additional limitations and requirements applicable
to the entire property within the ownership of Owner legally
described in Paragraph No. 3 shall be subject to the additional
limitations and requirements:
a. Drainage of the subject property shall be
controlled by Owner and necessary installation of
such facilities as required by city ordinances and
building code.
3_ TOFFICiAL RECORDS
,a 499
b. The warehouse addition contemplated to
be added to the existing retail furniture store
shall be used exclusively for warehouse facilities.
c. A Greenbelt shall be provided in accordance
with the Edmonds zoning requirements on the east
edge of the length of the property zoned General
Commercial (CG) .
d. The subject property shall be kept clear
of debris and litter. In the event debris or litter
accumulates the City of Edmonds may notify Owner
and give Owner ten days to clean the property of
debris and/or litter. In the event Owner does not
so clean said property Edmonds may make the necessary
arrangements, clean the property and send the bill
to Owner who hereby agrees to assume said expense.
e. In the event Owner's trucks overburden
242nd Street S.W. or 240th Street S.W., it is
understood that the City Council of the City of
:1
=« Edmonds may impose load limit restrictions on said
ri
streets by ordinance.
'1
f. The duration of this Agreement and Covenants
shall be until the property of Owner which is zoned General
Commercial (CG) may be rezoned to some other zoning classifi-
cation, or application made to amend this Agreement and
Covenants by the then Owner and approved by Edmonds which
application shall be processed in the same manner as an
application for rezone.
A—
"WFICtAl, REEC nR
i c�
va 4019 PhrE286
IN WITNESS WHEREOF thepartieshave executed this
Agreement and Covenants this L4day of April, 1971.
U
n"
.fit STATE -OF WASHINGTON }
ss.
�l COUNTY OF )
On this 24 ay of April, 1971, before me, the
undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn personally appeared
G. John Doces, President of Doces Enterprises, Inc., and
Sam J. Doces ,; Secretary of Doces Enterprises,
Inc. to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged to
me that they signed and sealed the said instrument as their.
f
.•.... fi.ee and voluntary act and deed for the uses and purposes
r, 5 ') FICIAL RFCORtS
VOl F"5f
EXHIBIT "A"
T_•ac . 3, "Lance McAleer ;"ova ...re Trac's,"
to the p 1at thereof recorder:, in Vo::u,;e 5 of
o7, :age 48, records of Snohomish County, Washington,
ce 3=1 be : as follohs:
..
"c^et:cir g at the Sou—st corner of said Tra t 3, t hence
S 88-26'18" E. along, the South line cf said Tract 3, a
�
di s :arse .,_ 80.00 fee-- to th. Tr ,e Point of Beginning of
I'
the tract of land herein ?escrihed; thence continuing
S 88°26118" E. along the Sau':h line of said Tract 3, a
distance cf 50 feet, thence N 0043157" E. parallel to the
'r+est line of above said Tract 3, 456.84 feet to a point
j
176.96 feet South of the North line of said Tract 3,
thence N. 88°28'07" W, a distance of 50 feet, thence
h
S G 4311 57" W pai allel with the crest line of said Tract 3,
a d_ st-an ::e of 456 .84 feet to the True Point of Beginning.
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THIS REZONE IS SUBJECT TO SPECIAL COVENANTS, REFER TO
PLANNING DEPARTMENT FILE NO. R-1-71 FnR nFTell c
CITY OF EDMONDS
AMENDMENT TO ZONING MAP
ORD. NO. 1544 DATE APR. 6, 1971
APPROVED'.. �V��� _ -
MAYOR
ATTEST
CITY CLE K
therein mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
aOVCIry Fubl�c i
n nd Tot ' t e S' ate;
Vashington, residing
STATE OF WASHINGTON )
COUNTY OF )
On this ,'�% ?�� day of April, 1971, before me, the
undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn personally appeared
H. H. Harrison, Mayor of the City of Edmonds and Irene
Varney Moran, City Clerk of the City of Edmonds to me known
to be the individuals described in and who executed the
foregoing instrument, and acknowledged to me that they
signed and sealed the said instrument as their free and
voluntary act and deed for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
Notary Public in ,and for +ehe State
of Washington, residing at %,/,f,.�c<<,,r�
L'a N ,:.lE;
p� t
Y �+
V'1
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'ram j ht
RECOR[Xt
-6-
1,
F° AGREEMENT AND COVENANTS
(rt
THIS IS AN AGREEMENT AND COVENANTS between G. JOHN DOCES.
and DOCES ENTERPRISES, INC. (hereinafter referred to as "Owner")
and the CITY OF EDMONDS, a municipal corporation (hereinafter
referred to as "Edmonds"),
WITNESSETH :
WHEREAS, Owner has applied L-o Edmonds as more fully
set forth in Planning Commission File No. R-1-71 to,rezone
certain property from Multiple Residential High -Density (RMH)
to General Commercial (CG), and
WHEREAS, the Planning Commission of Edmonds recommended
that the requested rezoning be denied, and
WHEREAS the City Council of Edmonds having held a
public hearing and determined that the proposed rezone would
be the most consistent and advantageous for the development
and appropriate use of said property and for the health,
safety, morals and general welfare of the public provided that
certain additional limitations be met which were peculiar to
the subject property, and
WHEREAS, Owner has offered to tender Edmonds this
Agreement and Covenants respecting said additional limitations
relative to the property within Owner's ownership, and
WHEREAS the covenants of this Agreement and Covenants
are intended to constitute a basis for rezoning the property
as set forth herein and are intended to be in effect from the
effective date of such rezone, and
11HEREAS, the use of the subject property will have
a substantial relation to the people, land and resources,
health, welfare, safety and morals of Edmonds, and Owner
recognizes a need for control and cooperation in securing the
proper development of the property compatibly with the,...
Zi'J _?
E{�R 3 0 1971
surrounding uses, now, therefore,
IT IS HEREBY AGREED:
1. This Agreement and Covenants is tendered to
Edmonds by Owner, and accepted by Edmonds, and all parties
agree it is applicable to the parties to this Agreement, their
heirs, successors and assigns, both as to duties and benefits.
Owner agrees that this Agreement shall be specifically enforce-
able by Edmonds in equity.
2. Edmonds shall be under no obligation to issue
Owner or its successors or assigns a building permit for
improvements or expansion upon any of the property of Owner
unless such improvements comply with the terms hereof and the
applicable ordinances at the time of any application for
building permit.
3. This Agreement and each part of it shall be con-
sidered covenants running with the land covered hereby and
shall be binding upon the successors and assigns of Owner.
The property owned by Owner which is subject to said covenants
is legally described as follows, all situate in the City of
Edmonds, County of Snohomish, State of Washington:
That portion of Tracts 3 and 4, LAKE MCALEER
12 FIVE ACRE 'TRACTS, according to the plat thereof
recorded .in Volume 5 of. Plats, on Page 48, records
.M of Snohomish County, Washington, described as follows:
i Commencing at the Southwest corner of. said Tract
3; thence S 88°26'18"E, along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land
herein described; thence continuing S 88°26'18"E
along the South line of said Tract 3, a distance
of 251.29 feet to the Southeast corner of said
Tract 3; thence N.0°45'50"E, along the East line
of said Tract 3, a distance of 457.63 feet to a
point S 0045150"W, 186.50 feet from the Northeast
corner thereof; thence S 88029'56"E, parallel
to the north line of said Tract 4, a distance of
80.00 feet; thence N 0045'50"E, parallel to the
West line of Tract 4, a distance of 186.50 feet
to the North line of above said Tract 4; thence
N 88°29'56"W, along the North line of said Tract
4, a distance of 80.00 feet to the Northeast
corner of above said Tract 3; thence S 0045150"W,
along the East line of said Tract 3, a distance
- 2 OFFOAL RECOR' * b'';
" n.
Vol.
of 10.00 feet; thence N 88°29'56"W, parallel to
the North line of said Tract 3, a distance of
201.64 feet; thence S 0043'57"W, parallel to the
West line of above said Tract 3, a distance of
176.96 feet to a point 135.00 feet north of the
south line of the North one-half of said Tract 3;
thence N 88128'07"W, parallel to said.,south line,
50.00 feet; thence S 0043'57"W, parallel with the
West line of said Tract 3, a distance of 456.84
feet to the True Point of Beginning.
4. The portion of the property of Owner which is
the subject of the rezone application giving rise to this
Agreement all situate in the City of Edmonds, County of
Snohomish, State of Washington, is hereby legally described
as follows:
That portion of Tract 3, LAKE MC ALEER FIVE ACRE
TRACTS, according to the plat thereof recorded in
Volume 5 of Plats, on page 48, records of
Snohomish County, Washington, described as follows:
Commencing at the Southwest corner of said Tract
3, thence S 88126118" E. along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land.
herein described; thence continuing S 88°26118"
E. along the South line of said Tract 3, a distance
of 50 feet, thence N/0°43'57" E. parallel to the
West line of above said Tract 3, 456.841feet tc a
point 176.96 feet South of the North line of said
Tract 3, thence N. 88028107" W, a distance of 50
feet, thence S 0°43'57" W parallel with the west
line of said Tract 3,. a distance of 456.84 feet to
ry the True Point of Beginning.
r•• This Agreement and Covenants is conditioned upon said legally
described property being rezoned from Multiple Residential
High Density (RMII) to General Commercial (CG).
5. Additional limitations and requirements applicable
to the entire property within the ownership of Owner legally
described in Paragraph No. 3 shall be subject to the additional
limitations and requirements:
a. Drainage of the subject property shall be
controlled by Owner and necessary installation of
such facilities as required by city ordinances and
building code.
-3- r-FICIAL RECORM
u 49-9 PA(;F 2C7`�
b. The warehouse addition contemplated to
be added to the existing retail furniture store
shall be used exclusively for warehouse facilities.
C. A Greenbelt shall be provided in accordance
with the Edmonds zoning requirements on the east
edge of the length of the property zoned General
Commercial (CG).
d. The subject property shall be kept clear
of debris and litter. In the event debris or litter
accumulates the City of Edmonds may notify Owner
and give Owner ten days to clean the property of
debris and/or litter. In the event Owner does not
so clean said property Edmonds may make the necessary
arrangements, clean the property and send the bill
to Owner who hereby agrees to assume said expense.
e. In the event Owner's trucks overburden
242nd;Street S.W. or 240th Street S.W., it is
understood that the City Council of the City of
;7
Edmonds may impose load limit restrictions on said
streets by ordinance.
•^1
6. The duration of this Agreement and Covenants
shall be until the property of Owner which is zoned General
Commercial (CG) may be rezoned to some other zoning classifi-
cation, or application made to amend this Agreement and
Covenants by the then Owner and approved by Edmonds which
application shall be processed in the same manner as an
application for rezone.
-4-
r)PFfCIAL RECORD.
'VOL 4 ) W"E 2c86
11
IN WITNESS WHEREOF the parties have executed this
Agreement and Covenants this ,,,,day of April, 1971.
OWNER
t
y
�v
G. J ES, vi �ualy
CITY OF EDMONDS
4 �-jj1?rN--
"A`VTESrtT .
CITY CLERK
STATE OF WASHINGTON )
�.� s s .
�1 COUNTY OF )
On tliis_���day o.f April, 1971, before me, the
undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn personally appeared
G. John Doces, President of Doces Enterprises, Inc., and
Sam J. Doces , Secretary of Doces Enterprises,
Inc. to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged to
me that they signed and sealed the said instrument as their
and voluntary act and deed for the uses and purposes
VOl 4'9 p,cF 287
0
therein mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
No ary Public in d fo the State
o Washington, residing atlyk,6,K1�
STATE OF WASHINGTON )
COUNTY OF
On this %JAG day of April, 1971, before me, the
undersigned, a Notary Public in and for the State of.
Washington, duly commissioned and sworn personally appeared
H. H. Harrison, Mayor of the City of Edmonds and Irene
Varney Moran, City Clerk of the City of Edmonds to me known
to be the individuals described in and who executed the
foregoing instrument, and acknowledged to me that they
signed and sealed the said instrument as their free and.
voluntary act and deed for the uses and purposes therein
mentioned.
WITNESS my hand and official. seal hereto affixed the
day and year in this certificate above written.
Notary Public in and for the State
t--
','..)I,i; of Washington, residing
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1 .',23 �txz•�c Ac r.�ve
�3awv-rr.n. �C,wa1>wro�r PA102
June 2, 1971
Dean bin. Logan:
The conttaet pot .the warehouse addition was award-
ed on May 24, 1971, and signed. Along with evety-
th.ing ets e, .it .included ctean.ing the debt.is and the
rtemovaE op the house and lestotat.ion op the test op
.the area to .it's natutaQ poem and ptesetvat.ion op
the ttees.
We have talked to Eetrett-Penning Ineotpotated, the
generat conttaetot, and .in4otmed .them op a.Ck obtiga-
t.ions to the City o p Edmonds and .it .is out undet-
,stand.ing that .they wiZZ ptoeeed this week to 6ut-
,4itt out apreements .immed.ia.tety.
I4 thete ate any ouest.ions or .ip you wish to eonp.itm
out comments, p.Eease talk to Mt. Duane Penning, who
vi.iZt be happy to Et.iep you on the.Lt pCans.
Regards,
DOCES ENTERPRISES,INC.
G. John Doces
Ptes.ident
GJD/mj
MA. Mettin Logan, City P.Eannet
City o p Edmonds
Civic Center, 505 BeU Stteet
Edmonds, Washington
May 28, 1971
Mr. C. John Docas
Presicclnnt Pine, General Manaryer
Doces Fth Pvrnua
152.1 6V-1 A•:enun
Seattle, Nnshinc�ton
Re: The covenant reccrded as part of the
Commercial Rezoning; (R-1-71) City of Edmonds
Mr. Doces:
At two reF,ular Council hearings during the oast month, criticisms have
been expressed regarding the conditions of vour nronerty to the east
of vour store and warehouse in Edmonds. Councilmen have expressed con-
cern over the qu.qntity of litter and the aprearance of the property.
Inspections have been made by Fire Department and Building Department
personnel who reported that the property does contain considerable lit-
ter and is overcrcwn with weeds, i1e therefore request that the proper-
ty to the east of vour warehouse be cleaned of a-1 litter within ten
days after receipt of this letter.
The above -named covenant gives the Ci.ty of Edmonds the right and res-
ponsibility to remove trash and 11tter from your property if you take
no action within ten days. As you recall, the Citv expense would be
charged to you and, through the covenant, you have agreed to pay the
charges. He hope it will not Le necessary for the City to clean
this property and we therefore request your cooperation in this matter.
Sincerely ;ours,
Merlin Logan,
C.tv Planner
`1L : dd
c: Havor H. Harrison
Councilman Nordquist
Mr. D. Lawson
Mr. J. Cooper
,_._.__ - ---- --- ---- -
May 5, 1971
Mr. G. John Doces, President
1521 Sixth Avenue
Seattle, Washington
N.r. Doces:
Enclosed is a copy of the contract between Doces Enterprises and the
•^..ity of Edmonds. This contract was recorded April 29, 1971 with the
:nohomish County Auditor under File No. 2194452.
If you have any quaistions regarding this action, please feel free to
call We appreciate your willingness to cooperate with the City
in the development of your property.
Merlin Logan,
City Planner
ML:dd
Enclosure
f
I
c L iONDS ME D13PLR'17EE dT
\� DATE: April 26, 1971
TO: 'Don Lawson, CAO
MOM: Jack Cooper, Fire Chief
SUDJGCT: Doces (vacant buildinC)
Per your request this property was inspected 4-23-71. The
conditions found and my recommendations are as follows:
A vacant house which is partly demolished sets back from 242nd
Street approximately 501 in the trees. As we are now entering into
the dry season this could become a serious fire hazard. Therefore
the house should be removed. It would not be permissible to burn
the building at this location.
,There has been a considerable amount of trash dumped along the
cast of the store warehouse wliicl: must he cicsned up slscD At
the north east corner of the property neary the fire hydrant there
is a small shed that is open and must be removed.
cc: Merlin Loran --"
Harry Whitcutt
INTO -OFFICE COMMUNICATI As
DATE- APIU2$ 19 71
TO Jack Cooper FROM Merlin Logan
Fire Chief City Planner
SUBJECT: Maintenance of 3-roperty to the East of the Doces Furniture Store
Jack:
At the Council hearing of April 20, a member of the Council complained about the clut-
tered and dirty condition of the property to the east of Doces Furniture Store between
240th and 242nd Streets. The Chief Administrative Officer was instructed to have the
property inspected and enforce the provisions of a contract submitted by Mr. Doces on
April 2, 1971. This contract was a promise by Mr. Doces to maintain the subject property
in a clean, neat condition. The contract stated that in the event debris or litter
accumulated on the property, the City may notify the owner and give the owner ten days
to clean the property. In the event the owner does not ro clean the property, the
City may make the necessary arrangements, clean the property and send the bill to the
owner who agreed to assume such expenses. A copy of this contract is maintained in
the Planning Department. Mr. Lawson, the Chief Administrative Officer, has asked me
to coordinate the inspection of the subject property to determine if some type of
hazard or clutter has occurred which needs correction. I would appreciate some wri•c-
ten report within a week.
cc: Mr. Don Lawson
¢-Z-7-7/ — �c> /�G� d�� �n�l� 9,�aivwd u.-'-te
-,.c 'X.o t..a.rc_ iian,,.� c�.c.� xf.� �e-�.�rw.-� i�.�,�C_e,:.u. �o fit., iiri�y �,,,,;,� /e•,. +rv�
17c
L
Sixth avenue SEATTLE
G. John Docot Your Departrunt Store of Fine Furniture
0. ficlvt and
General Monoper
Febtuaty 22, 1971
a
I�
. i
Edmonds City Councip. j
250 Fi4th Notth l 1
Edmonds, (9ashinoton 98020 i
Re: Ptannino COmm.i.bdion Rezone Fi.Ce No. R-1-71
Revised Site Ptaa-Ci.tt{ o; Edmonds 0,% ina.nce No. 1.567
(^e atc heteby teouestino a heating :with the Edmonds
City COuncit in c.td" to appeal the Edmonds Ptanni.ng
coonmisai.on decision o 4 Feb.tua.ty 17, 1971 %eoa&ding out i I
rezone ,Leouezt, Vout immediate attention t- Chia te- 1
quest shait be. 'u:ghty a+ppteei.a.ted. i
1
Sinee.tet y, i
1
G. Jc:n Doces, Ptesidcn.t
DUCE.. ENTERPRISES, I,VC.
GJO: d)t
P,i. �,_ . ✓'' . 3 s 3
y Ir D i
FE8 23 . ,
CITY OF EDMONDS i
CITY r1.ERY , `I ;
i
G. John Doc..
P, id -I and
G.nerol MonaC.'
January 20, 1971
SIXt avenue SEATTLE I
Your Department Store of Fine Furniture
Mr. Merlin Logan, City Planner
Edmonds Planning Commission
City of Edmonds
250 Fifth North
Edmonds, Washington 98020
Re: Planning Commission Rezone File No. R-12-67
Revise Site Plan -City of Edmonds Ordinance No. 1367
Dear Mr. Logan:
We are hereby submitting application for rezoning of the
property described on the attached rezoning form. Pre-
sently the zone line between R.M.H. and C.G. zones divides
our property along an irregular line. By straightening
the zone line to align with the present easterly zone
line, a clear division of zoning will result.
Our store is desperately in need of expansion to the east.
The rezone area is very small in comparison to the over-
all property; however, the rezone is essential to allow
15 feet more building addition as well as the requirements
of the uniform building code, Edmonds fire marshall, and
green belt planting.
Subject to the approval of the rezone, the submitted site
plan for the R.M.H. zoned area has been revised by re-
ducing the number of dwelling units and adding the green
belt planting and access as requested by the fire marshall.
Our requested rezoning and site plan revision is extremely
important to the future of our store in this area and,
therefore, we request your favorable acceptance of our
proposal. We request permission to present our case to
you at your February 2 City Council meeting.
Since 1 ,
G. J hn Doces, President
DOCE ENTERPRISES
GJD:dr
Attachments
I
i
i
.3rCai>y{a+ t rydp�
Tv
NOTICE OF PUBLIC
NOTICE IS HEREBY GIVEN TO ALL INTLd STED PER:'.ONS THAT A
PUBLIC HEARIIvG WILL BE HELD BY THE j
EDMONDS CITY PLANNING COMMISSION �
ON A PROPOSED .......... F. ZZ. ON.Ar......... A.Q��r%........ 01% .?'1P'...
RE-9 .DEW-771-Al...........�..� ........� . s.► .: . C
-TO ....... ...CFd'.RAI......... .a.lK1C��.L' .......,..�5...........
t
DESCRIPTION OF PROPERTY: ..... A ......... "�... j....... ..-�, 1.0t
...To. ......... 5.0...arm... ........ STRI-P...... OF ...... 14AP.....
.. �...Y....�t .fV .�..........
...........
aEAST.... ...�t .......7°.hPZ......-� �sT........t,INE.........a.A�.......T..a�i�z��-
(OWNL
TIME & DATE OF HEARING: 8:M1 P.M ............... It .-..... �..-. .!1-'
...._ ....... .
DAY DATE
THE MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF T;iB EDMONDS CIVIC CENTER, 5th AVENUE AND BELL STREET. ANY PER-
SON INTERESTED IN THIS CHANGE MAY APPEAR IN SUPPORT OF OR
IN OPPOSITION TO IT. ADDITIONAL INFORMATION MAY BE OBTAINED
AT THE PLANNING DEPARTMENT (PHOME PR 6-1107, EXT. 27). IN THE
EVENT THE AGENDA IS NOT COMPLETED ON THE ABOVE DATE, THE
PUBLIC BEARING WILL BE CONCLUDED THE FOLLOWING WEDNES-
DAY EVENING AT THE SAME TIME AND pLACL
FILE NO....- ...�� 1. -... ' �..........-- PUBLIShIED ........ .2...
...:........ °.�...
til
tion
WAR INNING! Th con ealment uof a this notice ciao a
remov
misdemeanor punishable by fine and
imprisonment.
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
COUNTY OF SNOHOMISH (ss
THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS
TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such
by Court Order No. 38282, and is now and has been for more than six months prier to the date of the publications herein-
after referred to, published in the English language continually as a weekly
_
newspaper in Snohomish County, Washington, and it is now and during all of
NOTICE OF
said time was printed in an office maintained at the aforesaid place of publication
PUBLICPETAITION HEARING
ONNPETI
of said newspaper, and that it was of general circulation in said Snohomish
TO REZONE
County
All interested persons are
That the annexed is a true copy of a _ Notice of Public
hereby notified .: that
Wednesday, the 17th ally of
Hnnrin^5l0 ... R_l_7l
g
February,1971, has been set as.
as it was published in regular issues (and not in supplement form) of said news -
the date for hearing by the
Edmonds Planning Commission
paper once each week for period of _one �
P week/
on proposed rezone from
commencing on the _ rd day of_ February 71
Multiple Residential, High
19
Density (RMH) to .General
and ending on the _ — day of
Commercial (CG) of the
both dates inclusive, and that such newspaper was regularly distributed to its
property located east of
Highway 99 between 24011 St,
subscribers during all of said period. That the full amount of the fee charged
S.W. and 242nd St. S-W..
described as follows: a 50 ft.
oin for the fore
g g Publication is the sum of $--3_.60 which amount has
wide (east to west) by 456.8 ft.
been paid in full, at the rate of $ _2.OQ a hundred words for the first insertion
long (north to south),strip of
land lying 80 ft. east of the west
and S _ a hundred words for each subsequent insertion.
line of Tract 3, Lake McAleer 5
AcrB Tracts.
�c/L
Said hearing will be at 8:00
p.m.
P•
the Civic Center, Edmonds,
^d February
Subscribed ands•.orntobeforemethis 3- day of ry 29 71
Washington, and all interested
_
persons are invited to appear.
IRENE VARNEY MORAN
City Clerk,
Notary Public in and for the State of Washington, residing at Edmonds, Wash.
City of Edmonds
File No. R-1-71
Published: Feb. 3, 1971 - 928
NOTICE OF PUBLIC HEARING
ON PETITION TO REZME
i
4
All interested persons are hereby notified that Wednesday, the E.
lith day of February , 1971 , has been set as the
date for hearing by the Edmonds Planning Commission on proposed f
rezone from ".niti_a1e 'elidenti.il, R n ) to i
Gencr,l Co ,.C"C_'l (CC,)
of the property located
W
and 2142..i St.
1egally�described as follows: a 50 ft. %,7 (east to west) by 456.8 ft.
long (north to o:it:l) strip of- land lvinr, 30 -t. east o� the west
iiP.P. UP Traci J. .e7,K_ ...ileiot' S •1C"e .e'�LC*;.
Said hearing will be at 8:00 p.m. in the Council Chambers of
the Civic Center, Edmonds, Washington, and all interested persons
are invited to appear.
IRENE VARNEY MORAN
City Clerk, City of Edmonds
File No. -1-71
Pubiish: r�i tool
All interested persons are hereby notified that Wednesday, the E.
lith day of February , 1971 , has been set as the
date for hearing by the Edmonds Planning Commission on proposed f
rezone from ".niti_a1e 'elidenti.il, R n ) to i
Gencr,l Co ,.C"C_'l (CC,)
of the property located
W
and 2142..i St.
1egally�described as follows: a 50 ft. %,7 (east to west) by 456.8 ft.
long (north to o:it:l) strip of- land lvinr, 30 -t. east o� the west
iiP.P. UP Traci J. .e7,K_ ...ileiot' S •1C"e .e'�LC*;.
Said hearing will be at 8:00 p.m. in the Council Chambers of
the Civic Center, Edmonds, Washington, and all interested persons
are invited to appear.
IRENE VARNEY MORAN
City Clerk, City of Edmonds
File No. -1-71
Pubiish: r�i tool
---------------
. I
AFFIDAVIT OF POSTER
i
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
CYRIL CAFFIERE, being first duly sworn, on oath deposes and i
says:
I
THAT on the 3 day of
the attached Notice of Public Hearing was posted as prescribed by t
Ordinance, and in any event, in the Post Office and Civic Center, and
where applicable, on the property or along every road or street j
abutting the subject property and properties adjacent thereto.
DATED this 3 day of 'r , 19 >�
SUBSCRIBED AND SWORN TO before me this 1.-'`le day of� ,
19—Z/
�TARYIC th and for Snohomish County,
Washington, residing in Edmonds.
Cl�" Notifications which I sent outs ':cause
they had submitted their cards at hearing
or by mail.
Mr. Panagakis
645 Skinner Bldg. Seattle
Fir. G. John Doces, 1521 Sixth Avi., Seattle,
Darrell W. Meyers
24023 79th Pl. W., Edmonds, Wash.
Mrs. J. '_. Hussey
8104 242nd St.
Edmonds
Gregory Mathay
8006 240th St. S.W., Edmonds
Mrs. David Andersen
23907 80th Pi. W., Edmonds
D. 14. Doyle
23900 80th Pl. W., Edmonds
Thomas R. Murphy
24014 79th P1. W., Edmonds
At
r
File No.
Applicant Doe es
Date of P. C. Hearing_ �L_ /
Continuances
Resolution No. 3s S
Date of C. C. Hearing
Ordinance No.
CHECK LIST
REZONES, AMENDMENTS TO ZONING ORDINANCE,
AMENDMENTS TO COMPREHENSIVE PLAN
I - PLANNING COMMISSION
1. Posting and Publication. Upon application or motion, the Secretary of the
Planning Commission will prepare the Notice of Public Hearing for posting and publi-
cation at least ten days prior to the hearing date. ("Initial" Comprehensive Plan
notices should be published in an additional newspaper generally circulated in Edmonds.)
Secretary: mow.
Date Published:2 -3 _ 'j/ Date Posted:,2-3—7/
2. Public Hearing. By the time the public hearing is held, the Affidavits of
Posting and Publication will be placed in the proper Planning Commission file by
the Secretary of the Planning Commission.
Secretary:
Date:
3. Resolution. Following the public hearing before the Planning Commission, the
City Planner will prepare the Resolution and findings recommending that the City
Council either grant or deny the rezone or amendment. Three copies will be signed
by the Chairman of the Planning Commission and the City Planner. They will then be
distributed as follows:
(+�) Signed copy in Planning Commission file.
( �) Signed copy in Planning Commission Resolution file.
(f,) Signed copy to City Clerk for her files.
One copy to Mayor, with copy of application and minutes of hearing.
( �) One copy to City Attorney.
( ✓) Check List to City Planner.
Secretary-
Date:,�r j l4 I Resolution No. 3S3
II - CITY COUNCIL
4. Public Hearing set by Council. Upon receipt of the Check List, the City
Planner will request the City Council to set the date for Public Hearing. In the
event of a recommendation for denial when no Appeal has been filed within the 30-day
appeal period, the Resolution will be submitted to the �Council for confirmation.
City Planner: /-1 .
Date: `?/ 2 / q 7/
5. If no Ordinance is passed by the City Council, the City Planner will return
this Check List to the Planning Commission Secretary.
City Planner:
Date:
6. If an Ordinance is passed, the City Planner will deliver the Check List to the
City Attorney at th- time of the passage of the Ordinance.
City Planner: yltJ/r�i,
v
Date : ¢ - (� - '7/
Check List for Rezones, Amendments to Zoning Ord., Comp. Plan - Page 2
i
7. Final Passage and Publication. If the City Council passes the proposed
Ordinance, the City Attorney will distribute copies of the Ordinance as follows:
( Three copies to the Planning Commission Secretary for the Planning Commission
files: (1) Applicant's file, (2) Numerical Ordinance ,ile, and (3) City P�anner.
( -*) One copy to the Edmonds Tribune Review for publication.
( X The original and two copies to the City Clerk.
(� This Check List will be forwarded to t y - lanne assuming a Map is
involved; if not, to the City Clerk.
City Attorney:_ �-
Date:
B. Official Map Amended. Upon, receipt of his copy of the Ordinance and this
Check List, the City Planner will immediately prepare four copies of the required
map as newly amended, and send them to the City Clerk, with the Check List.
City Planner:
Date: ¢ - 3 O - 7/
9. Certification and Filing. Upon receipt of the four Maps (if applicable) and
the Ordinances, the City Clerk will immediately have the Mayor sign and the City Clerk
attest original and one copy of the Ordinance and all four copies of the Map; and the
Official Seal of the City will be placed thereon. They will then be distributed as
follows:
( ✓ ) Original copy of the Ordinance will be filed in the Official Ordinance Book.
(r/) Second signed copy of the Ordinance will be certified as a true copy and filed
by the City Clerk in a special Ordinance book for that purpose.
( /) A like certified and signed copy of the Map shall likewise be filed by the City
Clerk in the special Ordinance book or tile.
.(---)--The other t;iree copies of the signed Map will be given to the Planning Commission
Secretary: (1) for placing in a special file of the Maps as they are superseded
by amendments, to be maintained by the City Planner, (2) for placing in the
,Applicant's file, and (3) for correcting existing zoning maps, including the two
display copies in the Planning and Building Departments.
City Cler�� u ��,�,r.�; l ✓„ , /
Date: 67
10. Affidavit of Publication,. The City Clerk will obtain the Affidavit of
Publication of the Ordinance, and forward it together with this Check List to the
Secretary of. the Planning Commission.
City Clerk:_ 4-,",,
i
Date:_
11. Close file. Upon receipt of the Affidavit of Publication the Planning
Commission Secretary will file the Affidavit of Publication in the proper Planning
Commission file together with this Check List. She will assure that all necessary
signatures are pres�.,t. She will check her file for proper documentation of the
procedural steps necessary, approve the Check List by final signature, and file the
same.
i
1
1
CITY OF EDMONDS PLANNING COMMISSION APPLICATIO4
EbMIONDS, WASHINGTON FOR REZONE
Submit in triplicate
DiSADLINE FOR SUBMISSION - First Wednesday of each month.
File No. —&-. - j/
DatFee lit. 1971
Fee
Rec t N� o, T-6-7—
Hearing Date,2-1 7- 7/
PROCEDURE: Applications for rezones are sent to the regular public meeting of the Planning
Commission held on the third Wednesday of each month. At this meeting the Commission for-
mally establishes a date for the public hearing of the application - this date usually being
the Commission's monthly public meeting in the following month. At the public hearing, on
the application, the Commission will accept, reject, or revise the proposal contained in
the application. This Commission action will be forwarded to the City Council in the form
of a Resolution. Anyone who wishes to file an Appeal from the Commission decision should
do so in writing to the City Clerk.:within 30 days after the Commission action. After the
City Council receives the Resolution from the Planning Commission, they will set a public
hearing date for the final disposition of the case. The Council may confirm, reject, or
modify any derision of the Planning Commission.
CONTRACT ZONING: The City prefers to discourage proposals for contract zoning; however,
such proposals are frequently offered verbally during Council hearings on rezone applica-
tions. In order to assist the Planning Commission in evaluating the merits of rezoning
applications, the Council has established the policy that they will not consider new :vi-
dence, architectural renderings, or contract zoning proposals made to them during a rezone
hearing which was not originally presented to the Planning Commission. Any developer
wishing to propose a contractual. rezone should present his proposal in writing to the
Planning Commission for study and action at the Commission Bearing.
APPLICANT: r_ Jahn Doce;, Pres. ADDRESS:24111 Hw• r. 99, Edmonds PHONE: 774-2141
OWNER: Doces EnterDrises ADDRESS: 1521 Sixth Ave. Seattle PHONE:Mu, 2-1000
(If morethan one owner, attach list or petition _
REQUEST REZONE FROM: R.M.H. TO:___ C.G.
Statement of reasons for rezone request. (Statement may be attached. Please include any
plans for development.) ppznnina in rPnuPnted in nrriPT,,tn PliminPtP irr€p-lll'Ir
—_Zone l i `TP anrnSc aai [i rnnPrty-, nri to nrnvi jF. 7 nP rP z11i r_ee1 cPthmLkg
f :aarPhn��a�_ddi ti nn PS i l i "S'tratPd an thf,
LEGAL DESCRIPTION OF REZONE AREA: See attached Legal. Description,
Present Use Zone: LEGAL DESCRIPTI0 CHECKED & APPROVED T
Kroll Map No.: g
Y ___Pate
,f�ssars
REQUIRED GRAPHICS: Show below or attach a drawing or map to scale of the areavolved,
showing all property lines, dimensions, existing buildings, and streets. Include_ vicinity
sketch of the area with property shaded in, per Example on the reverse side. Indicate
North on both sketches. Indicate also adjacent zoning.
---------------------------------------------.—-------------------------.....��-- -----
---, 2 4c:,-> lw s, K/
NC�TH
242 AO
�V/CII /T j MA
Rezone Application: f
Deces Enterprises
City of Edmonds
LEGAL DESCRIPTION
OF
REZONE AREA
That iortion of Tract 31"Lake McAleer Five Acre
Tracts," according to the plat thereof recorded
in Volume 5 of Plats, on page 48, records of I I
Snohomish County, Washington, described as follows: f i
Commencing at the Southwest corner of said Tract 3. I thence S 88026118" E. along the South line of said
Tract 3, a distance of 80.00 feet to the True Point
of Beginning of the tract of land herein. described; F
thence continuing S 88026'18" E. along the South I f
line of said Tract 3, a distance of 50 feet, thence
IN0°43'57" E. parallel to tt.e West line of above `
said Tract 3, 456.84 feet to a point 176.96 feet
South of the North lire of said Tract 3, thence
N. 88028' 07" W, a distance of 50 feet, thence
S 0043157" W parallel with the west line of said
Tract 3, a distance of 456.84 feet to the True
Point of Beginning.
1
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C_7 - SINGLE FAMILY HOMES
-- BUSINESS BUILDING
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