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Ordinance 25470006.15002 WSS/naa 12/26/85 2547 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE WEBCOL, INC. REZONE LOCATED AT 76th AVENUE WEST AND OLYMPIC VIEW DRIVE, FILE NO. R-3-85, FROM NEIGHBORHOOD BUSINESS (BN) TO MULTIPLE FAMILY - LOW DENSITY (RM-3); AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at a public hearing held on June 12, 1985, considered the following amendments to the official zoning map and the concomitant zoning agreement and made their findings and recommendations which were forwarded to the City Council, and WHEREAS, the City Council at a public meeting on October 1, 1985, reviewed the recommendations of the Planning Board and determined that the proposed rezone should be approved and adopting the Planning Board's findings and conclusions, 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, as adopted by Section 17.00.010 of the Edmonds Community Development Code is hereby amended by changing the zoning class- ification of certain property hereinafter described from BN (Neighborhood Business) to RM-3 (Multiple Family Residential - Low Density) subject to the Concomitant Zoning Agreement executed and recorded as provided herein. The legal description of the property rezoned is set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest to that certain document entitled "Concomitant Zoning Agreement" attached hereto as Exhibit B and incorporated by this reference as fully as if herein set forth. The City Clerk is further directed to record said concomitant zoning agreement with the Snohomish County Auditor as a covenant running with the land. The cost of said recordation shall be paid by the owners. Section 4. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after publication of a summary consisting of its title and Exhibit A, in the City's official newspaper. APPROVED: MAYOR, LAR GHTEN ATTEST/AUTHENTICATED: C IITY CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (A - 2 - FILED WITH THE CITY CLERK: December 30, 1985 PASSED BY THE CITY COUNCIL: January 7, 1986 PUBLISHED: January 13, 1986 EFFECTIVE DATE: January 18, 1986 ORDINANCE NO. 2547 . - 3 - EXHIBIT A Tract 103, Edmonds Sea View Tracts, according to the Plat recorded in Volume 3 of Plats', Page 76, records of Snohomish County, Washington; EXCEPT the North 100 feet thereof; AND EXCEPT the East 10 feet as granted to the City of Edmonds under Decree of Appropriation under Snohomish County Superior Court Cause No. 106013. Situate in the County of Snohomish, State of Washirgton. CONCOMITANT ZONING AGREEMENT THIS AGREEMENT is made and entered into on theday of 1985, by and between R,C. COLEMAN CONSTRUCTION, INC. (and its successors and/or assigns) and EDGAR LEE SMITH, which parties shall hereinafter be referred to as the Owner, and the CITY OF EDMONDS, Washington, which party shall hereinafter be referred to as the City. Both the City and the Owner agree that all costs and/or penalties assessed, if necessary, and/or litigation costs and attorney's fees shall be exclusively those of R. C. COLEMAN CONSTRUCTION, INC. and EDGAR LEE SMITH. WHEREAS, the City of Edmonds, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A. 63 RCW and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of § citizens and thereby control the use and development of © 0 T S CHESTER AT AWES ATTORNEY 400DAYTON/9UITBA Page i EDMONDS, WASHINGTON 98020 property within its jurisdiction; and WHEREAS, the Owner owns certain real property Located in the City of Edmonds and more particularly described as set forth on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Owner has applied for a change in the zoning classification of the subject property from Neighborhood Business (B. N. ), to Multiple Family - Low Density (RM-3); and WHEREAS, the City has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and its Planning Board and has fully considered their recommendation made after such review and the recommendations which the City finds to be appropriate are set forth herein; and WHEREAS, the Owners are willing to implement the following conditions in the course of the proposed development and have tendered this contract to the City, now, therefore, In consideration of the mutual benefits and conditions hereinafter contained, the Owner agrees that, in the event the City reclassifies the property described herein on Exhibit A from B. N. to RM»3, and for so long as the property remains so classified, said Owner covenants and agrees to be bound by the terms, conditions and agreements set forth as follows: 1. The steeply sloped area along the west property line must remain as open space, and which open space is f urther subject to a Growth Protection Easement running to the City of Edmonds, which easement is more particularly described as set forth on Exhibit B attached hereto and incorporated herein by reference. 2. No more than twenty units may be developed on the subject property. 3. Comply with aLL Architectural Design Board requirements. 4. The applicant shall prepare a contract insuring compliance with CHESTER R. BENNETT ATTORNEY AT LAW Page 2 400 DAYTON / SUITS A b FDMONDS. WASHINGTON 98020 the above conditions. Notwithstanding any other provisions of the Edmonds City Code and Community Development Code, as now or may hereafter be amended or recodified, the Owner agrees to limit the use of the Exhibit A property to Multiple Family - Low Density, per the City's zoning ordinance. 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 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, apply to amend or terminate the provisions and covenants of the agreement or to change the zoning on the subject property or any portion thereof. Said application 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. The City shall be under no obligation to issue to the Owner or its successors or assigns building permits, occupancy permits, or other permits or approvals for improvements on or use of the subject property unless such improvements or uses are consistent with the terms of this agreement and the applicable City ordinances at the time of any application for such permit or approval. This agreement, and each part of it, shalt be considered a covenant running with the land covered hereby and shall be binding upon the Owner, their 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 as Grantor and the City as Grantee. ALL CHESTER R. BENNETT ATTORNEY AT LAW Page 3 400 DAYTON / SUITV. A g EOMONOS, WASHINGTON 98020 costs of such recordation shall be paid by the Owner, R. C. Coleman Construction, Inc. and Edgar Lee Smith. Such recordation and payments of costs shall be a condition precedent to the Owner exercising any rights under the terms of this agreement. Nothing in this agreement shaLL be construed to restrict the authority of the City of Edmonds to exercise its police powers. In the event any section, paragraph, sentence, term or clause of this agreement conflicts with applicable Law, such conflict shall not affect other sections, paragraphs, sentences, terms or clauses of this agreement which can be given effect without the conflicting provision and to this end the terms of this agreement shall be deemed to be severable. In addition to any other remedies provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this agreement or to otherwise enforce its provisions through injunctive or other remedies, and if the City prevails in such action, it shall be entitled to recover all costs of enforcement, including reasonable attorney's fees. In the event any section, paragraph, sentence, term or clause of this agreement is found to conflict with applicable Law, the City shaLL have the right to bring the proposed development before the City Council for further review and imposition of appropriate conditions to assure that the purposes for which this agreement is entered into are in fact accomplished. DATED this day of 1985. CHESTER R. BENNETT ATTORNEY AT LAW Page 4 400 DAYTON / SUITF. A g EDMONDS, WASHINGTON 98020 APPROVED AS TO FOR1,1: CITY A -Fl, R Y CITY CLERK R. C. COLEMAN CONSTRUCTION, INC. r B / President E43C,A LEE SMITH CHESTER R. BENNETT ATTORNEY AT LAW Page 5 400 DAYTON / SUITF A EDMONDS, WASHINGTON 98020 STATE OF WASHINGTON ss COUNTY OF SNOHOMISH On this d ekday of Af.:ndfr 1986, before me, the undersigned, a Notary Public the State of Washi gton, duL commissioned and sworn, personally appeared MAYOR ZZ and .B9V#t!M CITY CLERK to me known to be the Mayor and Deputy City Clerk, respectively, of the CITY OF EDMONDS that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. STATE OF WASHINGTON ss COUNTY OF SNOHOMISH q"'� Da -- N art' Publi �i�jna for th�Stat,�,T Washington, residing at ' On this f. Iui-day of 1985, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared RICHARD COLEMAN, to me known to be the President of R. C. COLEMAN CONSTRUCTION, INC. , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at Edmonds CHESTER R. BENNETT ATTORNEY AT LAW Page 6 400 DAYTON / SUITF A EDMONDS, WASHINGTON 98020 STATE OF WASHINGTON ss COUNTY OF SNOHOMISH On this day personally appeared before me EDGAR LEE SMITH, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ' GINT(EN under my hand and official seal this 24-01`iay of �JCQilr� C•'�� , 1985. Notary Public in and for the State of / Washington, residing at CHESTER R. BENNETT ATTORNEY AT LAW Page 7 400 DAYTON / SUITE A EDMONDS, WASHINGTON 98020 A NATIVE GROWTH PROTECTION EASEMENT ( GREEN BELT) IS HEREWITH ESTABLISHED OVER AND UPON THAT PORTION,QF TRACT 103, EDMONDS SEAVIEW TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.W 44'13"W., ALONG THE SOUTH LINE OF SAID TRACT 10.00 FEET TO THE WEST LINE OF THE EAST 10.00 FEET AS GRANTED TO THE CITY OF EDMONDS UNDER DECREE OF APPROPRIATION UNDER SNOHOMISH COUNTY SUPERIOR COURT CASE NO. 106013 AND THE TRUE POINT OF BEGINNING; THENCE N.0°06'50"E., PARALLEL, WITH THE EAST LINE OF SAID TRACT 45.00 FEET; THENCE N.89°44'.13"W., PARALLEL WITH THE SOUTH LINE OF SAID,TRACT 85.00 FEET; THENCE N.53°44'13"W., 90.31. FEET; THENCE N.0°08'47"E., 30.00 FEET; THENCE N.17004'35"E., 120.19 FEET, THENCE S.89°37'11"E., 10.00 FEET, MORE OR LESS TO A POINT 80.00 FEET EAST AND PERPENDICULAR TO THE WEST LINE OF SAID TRACT; THENCE N.0°08'47"E., PARALLEL TO THE NEST LINE OF SAID TRACT, 306.00 FEET, MORE OR LESS TO A POINT 100.00 FEET SOUTH AND PERPENDICULAR TO THE NORTH LINE OF SAID TRACT; THENCE N.89°37'11"W., PARALLEL WITH THE NORTH LINE OF SAID TRACT 80.00 FEET, MORE OR LESS TO THE WEST LINE OF SAID TRACT; THENCE S.0°08'47"W., ALONG THE WEST LINE OF SAID TRACT TO THE SOUTHWEST CORNER THEREOF; THENCE S.89°44'13"E., ALONG THE SOUTH LINE OF SAID TRACT 192.98 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. CONTAINING 44,050.00 SQUARE FEET, MORE OR LESS. THIS NATIVE GROWTH PROTECTION EASEMENT (GREEN BELT) SHALT, BE LEFT IN A SUBSTANTIALLY NATURAL STATE, NO CLEARING, GRADTNG,'FILLING OR CONSTRUCTION OF ANY KIND SHALL OCCUR WITHIN THIS'AREA EXCEPT FOR NECESSARY UTILITY INSTALLATIONS, AND DRAINAGE AND O'19IER IMPROVEMENTS AS MAY BE NEEDED FOR THE PURPOSES OF SOTL STABILIZATION WHEN REVIEWED AND APPROVED BY THE CITY OF EDMONDS. REMOVAL OP THE TREES BY THE PROPERTY OWNER SHALL BI3 LIMITED TO THOSE WHICH ARE DEAD, DISEASED OR HAZARDOUS. IN THE EVENT OF DISEASE OR OTHER CONTINGENCTES REQUIRING WIDESPREAD REMOVAL OR IN THE EVENT OF FIRE OR OTHER NATURAL DISASTER CAUSING DESTRUCTION OF THE NATURAL GROWTH, THE PROPERTY OWNER SHALL BE REQUIRED TO REPLACE THE NATURAL GROI4TH IN ACCORDANCE WITH A LANDSCAPE PLAN REVIEWED AND APPROVED BY THE CITY OF EDMONDS ARCHITECTURAL DESIGN BOARD. STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ." 'ORDINANCE NO..2547 FROM NEIGHBORHOOD BUSIIyESS. (BN) TO MULT14 PEE ".AMILY — LOW DEN• SITY_ (RM-3) AUTKORIZ- � ING . EXECUTIONS OF- A CONCOAAITANT- ZONING" AGREEMENT AND ESTAB- LISHING AN EFFECTIVE DATE. EXHIBIT A Tract 103, Edmonds .Sea View -Tracts, according to the Plot recorded in Vol— ume r 3 rof.Plats: Page, 76,.. ri±cords of Snohomish County, Washington; .6X GEPTUhe North 100 feet-' .(hereoT; AND - EXCEPT the East 10 feet(isgrant. " ed io'the City of Edmonds: Under Decree Of* Appro: oriation 'under Snohomish County Surier(or Court:' Cause No."106013. - Situate in . the County of Snohomish; State 'of Wash. - ingion. _ The.fu11 t6t.of the ordinarice: A%ill li'e mailed to anyone upon:, 'eaaest: Jublished:. Janua'ry 113, 1404.__• ss. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ------------------ ---------------------- ------ Ordinance..2.47-........................-- - -----'....................'...........................'......'.......---......'------'------'----.'-.------------------------------- a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: January 13, 1986 -------------------------------------------------------------------------------............................................... ............................................................. ------------------------------------- ----------------- ................ and that said newspaper was regularly distributed to its subscribers during all of said pLi Principal Clerk Subscribed and sworn to before me this.....14th_ day of ....... Janar yl � .................... 19......86 r � y Publ c in and for the State of Washington, s' ing at Everett, Snohomish County. B-2-1