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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. 1. s t i , c g is t S f 4 F !o 17 20 FIVE ACRE :3 O G C % W iA 2 TR A CTc- 17 ;f -15 14 e r 13 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 c� a U J '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 g c.-....-�<Et..c,�- : [. •cam , \� U-1 104,1 236 th. ST S.W. Oo 0/ 7 2 3, f 02 NT r. L.Li i O 12 o < Z 3) LC) ry) 171 Is 051402 20 —,1/-T 75 05 00 —2.4 0- t h-.— -S T-- S, \A/-- . tt A W7 03 01 01 1 0-1 oz cQ L) 4,11A HAY 01, ratoz 3 6 79 4�� 2 9 rf. ', V r L , �3t s 1 r : a l r l I. OG -07 S.W.2,4 2 d.f'ST S. S-12 �'c I ' �j 01 05 01 o02 2p6th -,S ,S o9 16 15 14 -7 0 06 02 06 244th mmww� owl t ST s' w N. 205 1 h. S T 4 so c' C o f. LAKE MCALEER FIVE ACRE C;. JUti:� i)cx;tc 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 1 J I I 1 31 w Q MOTEL I � - MO T V L0® SERV. OFFICE c. QQCE-S / MO7 EL � E L CG l0 ING'S GDN. ^ 10, L� ECONO. IUD 240th ST. S.W. J � cn v � I �• ! u SERV. i� STA. ® RMN 8 I � I DOCE'S u - FURNITURE STORE a I �iD wRRENOUSE i - - -, 242a-d S S.W.- - - I CG R H �°Id 1;3 RETAIL LDR. I J ARE, P CR SED F¢R I I RE�Ntr� , MH TG CGS C_7 - SINGLE FAMILY HOMES -- BUSINESS BUILDING I I . I