PRD-1987-1 Meadow Dale Ridge0006.150.013A
WSS/jib
09/15/88 2694
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
CONFIRMING. APPROVAL OF A, -PLANNED RESIDENTIAL
DEVELOPMENT/SUBDIVISION AT 16100-68TH AVENUE
WEST, APPLICATION NO. PRD-1-87/P-2-87 AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council heard at public hearing the
request for approval of Metco Construction Company to construct a
planned residential development/subdivision at 16100 68th Avenue
West (PRD-1-87/P-2-87); and
WHEREAS, after such hearing and considering the
findings of its Hearing Examiner, the City Council adopted
findings of fact and conclusions of law giving preliminary
approval to said planned residential development/subdivision; and
WHEREAS, the City Council has received the report of
the City staff reviewing a final development plan and the staff's
recommendation; and
WHEREAS, the Council finds that said final plan con-
tains final, precise drawings of all the information required by
ECDC 20.35.030 and is accompanied by all covenants, homeowners
associations and maintenance agreements, and other relevant legal
documents; and
WHEREAS, said final development plan conforms to the
preliminary approval and to all applicable conditions thereof,
NOW, THEREFORE;
WSS508980 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The final development plan for a planned
residential development and subdivision, original application
numbers PRD-1-87 and P-2-87, is hereby finally approved. Said
plan and all accompanying conditions, as shown on the attached
Exhibit A are hereby adopted as an amendment to the Zoning Map of
the City of Edmonds. All maps, drawings and exhibits required by
City ordinance and set forth on the attached Exhibit A are
incorporated by this reference as fully as if herein set forth,
as an official amendments to the Zoning Map.
Section 2. The boundaries of said project are set
forth on the attached Exhibit B., along with the legal description
of said planned residential development, incorporated by this
reference as fully as if herein set forth.
Section 3. 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
passage and -publication of the ordinance or a summary thereof
consisting of the title.
APPPnUPn -
WSS508980 -2-
ATTEST/AUTHENTICATED:
TY LERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I�
FILED WITH THE CITY CLERK: 9/15/88
PASSED BY THE CITY COUNCIL: December 6, 1988
PUBLISHED: December 11, 1988
EFFECTIVE DATE: December 16, 1988 -
ORDINANCE NO. 2694
WSS508980 —3—
EXHIBIT A
Due to the size and volume of all the documents, maps, drawings
referred to in this ordinance, they can be found in City of Edmonds
file #PRD-1-87/P-2-87.
EXHIBIT B
LEGAL DESCRIPTION
Lot 47, Meadowdale Beach, as per plat recorded in volume 5
of plats, page 38, records of Snohomish County, Washington.
W
CITY OF EDMONDS
250 5th AVE N. • EDMONDS, WASHINGTON 98020 • (206) 771-3202
HEARING EXAMINER
FINDINGS AND RECOMMENDATIONS
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
LARRY S. NAUGHTEN
�j MAYOR
IN THE MATTER OF THE APPLICATION OF FILE: PRD-1-87, P-2-8
METCO CONSTRUCTION FOR APPROVAL OF and CU-50-87
A PLANNED RESIDENTIAL DEVELOPMENT/
PRELIMINARY PLAT AND CONDITIONAL
USE PERMIT
RECOMMENDATION: The Planned Residential Development/Preliminary
Plat and Conditional Use Permit should be
granted subject to the conditions listed.
INTRODUCTION
The METCO Construction, 17018 - 15th Avenue N.E., Seattle,
Washington, (hereinafter referred to as Applicant) has requested
preliminary approval of a proposed seven -lot Planned Residential
Development (PRD) and preliminary plat for property located at
approximately 16100 68th Avenue, Edmonds, Washington. The Appli-
cant has also requested a conditional use permit for grading
approximately 7,000 cubic yards of earth material on the same
property.
A hearing on the request was held before the Hearing Examiner of
the City of Edmonds, Washington, on October 15, 1987.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
.}7orgen Sauerland
2310-6 100th Ave. West
Edmonds, WA 98020
Gerald Lovell
23106 - 100th Ave. West
Edmonds, WA 98020
Gordon Hartley
6920 - 160th S.W.
Edmonds, WA 98020
November 6, 1987
Page 1
HEARING EXAMINER'S REk MENDATION:
RE: PRD-1-87, P-2-87 & CU-50-87
At the hearing the following exhibits were submitted and admitted
as part of the official record of this proceeding:
Exhibit 1 - Staff Report
if
2
- PRD Application with Declarations
"
3
- Subdivision Application
"
4
- Conditional Use Permit Application
"
5
- Preliminary Plat (Revised)
"
6
- Preliminary Clearing and Grading Plan with Cross -
Sections (Revised)
"
7
- Proposed Restrictive Covenants
"
8
- Mitigated Declaration of Nonsignificance
"
9
- Engineering Requirements
"
10
- Letter from Jack Linge
"
11
- Architectural Design Board Minutes
After due consideration of the evidence presented by the Appli-
cant, and evidence elicited during the public hearing, the fol-
lowing Findings of Fact and Conclusions constitute the basis of
the recommendation of the Hearing Examiner.
FINDINGS OF FACT
1. The Applicant has requested approval of a PRD and
preliminary plat for a proposed seven -lot subdivision
located at approximately 16100 - 68th Avenue West, Edmonds,
Washington. In addition, the Applicant has requested a
conditional use permit for grading approximately 7,000 cubic
yards of earth for the property. (Staff report.)
2. Admitted as Exhibit 5 to the hearing, and attached hereto
and by this reference incorporated as part of these find-
ings, was a preliminary plat map of the proposed develop-
ment. The plat is divided into seven lots and access to the
site off 68th Avenue West. (Exhibit 5.)
3. The subject property is an undeveloped 4.78 acre parcel of
land that is located on the west side of 68th Avenue West in
the north Meadowdale area of the City of Edmonds. It is a
densely covered tract of land that has a mixture of mature
evergreen and deciduous trees. The western two-thirds of
the property is steep with slopes up to 60 percent in grade.
On the northeastern portion of the site is a relatively
level plateau. It is on this section of the site that the
proposed development will occur. (Bowman testimony and
Staff report.)
4. It is the intent of the Applicant to keep the steep sloped
portion of the site undeveloped. As shown on the plat map
(Exhibit Si) the steep sloped property is identified as Tract
100. This tract of land consists of approximately 108,000
square feet. (Staff report, Exhibit 5 and Bowman
testimony.)
November 6, 1987
Page 2
HEARING EXAMINER'S RE( MENDATION:
RE: PRD-1-87, P-2-87 _ CU-50-87
5. The surrounding properties have the following zoning
designations:
South: RS-20/PRD
North: RS-12
East: RS-8 and RR-8400 (Lynnwood and unincorporated
Snohomish County)
West: RS-20
(Staff report.)
6. ECDC 16.20.020 establishes the minimum lot area for RS-20
zoned property as 20,000 square feet; the minimum lot width
as 100 feet; and, the minimum street setbacks as 25 feet.
In the proposed PRD the Applicant is requesting relief from
these standards for the purpose of developing the subdivi-
sion. In return, the Applicant is proposing to leave as
commonly owned open space 108,412 square feet in the central
and southwestern portion of the site. This commonly owned
open space is of a severe grade with extensive vegetation.
The open space will ensure the stability of the site and
surrounding properties, and will help preserve some environ-
mentally sensitive elements of the site. (Sauerland
testimony.)
7. The Comprehensive Plan Map of the City of Edmonds designates
the subject property as Low Density Residential and also
designates it as Environmentally Sensitive. The Environ-
mentally Sensitive designation is because of the steep
slopes, vegetation and soils on site. The surrounding
residential area is also designated as Low Density Residen-
tial. (Bowman testimony and Staff report.)
8. Lots 1 and 2 of the subdivision will access off 68th Avenue
West. Lots 3, 4, 5, 6 and 7 will access off a private road
(161st Street S.W.) that is within the subdivision. Access
to Lot 7 will be off 161st Street S.W. via a 15-foot lane
that will be on the northern border of the site. (Bowman
testimony and (Exhibit 5.)
9. The Edmonds Community Development Code (ECDC) 20.35.040 and
20.35.050 set forth the review criteria for preliminary
plans for PRD's, and the general guidelines and criteria to
be satisfied with the application. These review criteria
and guidelines have been considered in the review of the
proposed PRD. (Administrative finding.)
10. ECIIC 20_.75.085 sets forth the review criteria for prelimi-
nary plats for proposed subdivisions. These criteria of
review include: environmental review, lot and street
layout, dedications and improvements to the property.
(ECDC.)
November 6, 1987
Page 3
HEARING EXAMINER'S RF-�MMENDATION:
RE: PRD-1-87, P-2-8', . CU-50-87
11. ECDC 20.75.080 sets forth the requirements for general
findings to be made for the approval of a preliminary plat.
These findings include the provision that the proposal be
consistent with the subdivision ordinance of the City of
Edmonds (ECDC 20.75.020); that the preliminary plat be
consistent with the Comprehensive Plan of the City of
Edmonds; and, that the proposal meet all the requirements of
the zoning ordinance. (ECDC.)
12. The Architectural Design Board (ADB) recommended approval of
the proposal subject to the following conditions:
1. A 10-foot deep buffer be established just south of the
north property line of the subdivision between the
eastern edge of the hammerhead and the western property
line of Lot 7. This will require moving the 15-foot
access road proposed to be adjacent to the north
property line 10 feet to the south;
2. The proposed rockery shall be shifted to the south so
that it is located along the south side of the 10-foot
buffer;
3. A decorative fence shall be constructed on top of the
rockery for the full length of the rockery.
(ADB Minutes.)
13. A representative of the Applicant submitted that they are
opposed to the buffer as proposed by the ADB. The
representative submitted that the developers should be
allowed to develop the property and, with extended buffers,
additional grading will occur to develop Lot 7. (Lovell
testimony.)
14. In order to construct the private road within the subdivi-
sion, approximately 7,000 cubic yards of earth material must
be graded. (Staff report.)
15. ECDC 18.40.040 establishes that no person shall perform
grading involving more than 500 cubic yards of material on
any lot, or contiguous lot, without first obtaining a
conditional use permit. (ECDC.)
16. In order for a conditional use permit to be granted within
the City of Edmonds the criteria as set forth in ECDC
20.05.010 must be satisfied. These criteria include:
A. The proposed use must be consistent with the Compre-
hensive Plan of the City of Edmonds;
B. The proposed use in its location must be consistent with
the purposes of the zoning ordinance in which the
property is located; and,
November 6, 1987
Page 4
HEARING EXAMINER'S RF-IMMENDATION:
RE: PRD-1-87, P-2-8i CU-50-87
C. The proposed use must not be,significantly detrimental
to the public health, safety or welfare, nor injurious
to nearby private properties or improvements.
(ECDC.)
17. The Planning Department of the City of Edmonds has recom-
mended approval of the PRD, preliminary plat and conditional
use permit subject to conditions. The conditions recom-
mended by the Planning Department are set forth in the Staff
report admitted at the hearing as Exhibit 1. (Staff
report.)
18. A witness (Gordon Hartley) submitted that he generally
supports the PRD, but is opposed to development of the
access lane to Lot 7 as proposed by the Applicant. The
witness submitted that the recommendation of the ADB should
be followed and that Lot 6 of the proposed subdivision
should be reduced if necessary. (Hartley testimony.)
19. Witness Hartley's property is directly north of Lot 6. On
the boundary of Lot 6 and Hartley's property are trees that
the witness claims will be removed if the access road to
Lot 7 is developed. The witness prefers that these trees
remain on the north boundary line of the proposed plat.
(Hartley testimony.)
20. It is the intent of the Applicant to create a five to six-
foot rockery on the north boundary line of Lot 6. This
rockery will be approximately six feet higher than the grade
of Lot 7 and the Applicant's representative submitted that
Mr. Hartley will not be impacted by this access lane.
(Sauerland testimony.)
21. A letter was submitted by a witness (Jack Linge). The
letter, which was submitted prior to the revision of the
PRD, requested denial of the PRD based on the fact that the
other properties in the vicinity would be impacted by the
smaller lots of the development and the compacted nature of
the site. Mr. Linge did not submit any additional testimony
for the revised PRD. (Exhibit 10.)
CONCLUSIONS
1. The application is for the approval of a PRD and a prelimi-
nary plat for a proposed seven -lot subdivision located at
16100 - 68th Avenue West, Edmonds, Washington. In addition,
the Applicant is requesting a conditional use permit for
grading approximately 7,000 cubic yards of earth material on
the subject property.
2. The subject property is zoned RS-20. The requested PRD is
sought for a reduction of minimum lot area standards;
November 6, 1987
Page 5
HEARING EXAMINER'S RECOMMENDATION:
RE: PRD-1-87, P-2-87 CU-50-87
minimum lot width standards; and, minimum street setback
standards for RS-20 zoned property.
3. The proposed PRD will create beneficial open space, identi-
fied as Tract 100. This beneficial open space will provide
stability to the soils of the site and also stability of the
surrounding properties. Further, Tract 100 will remain
heavily vegetated and will provide aesthetic relief in the
area.
4. Tract 100, the open space, will preserve significant natural
features that will be a clear benefit to the public.
5. Because of the severe slope of Tract 100 unusual circum-
stances exist making it difficult for a lot -by -lot develop-
ment on site. The proposal of the Applicant adequately
preserves the steep slope while developing the site in a
manner that will not be detrimental to the general area.
6. The proposed PRD is consistent with the neighborhood
characteristics of the area, and the building height in the
RS-20 zone will be maintained.
7. The criteria of ECDC 20.35.050 are satisfied by this
proposal.
8. The criteria of ECDC 20.35.060(A) are satisfied by this
proposal.
9. The proposed PRD exceeds the five -lot minimum for all PRD's
within the City of Edmonds.
10. The proposed preliminary plat is consistent with the
provisions of the Edmonds Comprehensive Plan and in
particular Chapter 15.20. The proposal will provide high -
quality residential development which is appropriate to the
diverse lifestyle of Edmonds' residents. It will protect
adjoining neighborhoods from incompatible additions to
existing buildings and will protect residential areas from
incompatible land uses through the careful control of the
planning of the development. The reduced lot areas,
setbacks and lot widths will not be detrimental to other
properties in the area. The PRD will be developed for
single-family purposes and will be compatible with develop-
ment in the area.
11. The proposed preliminary plat satisfies the purposes of the
Edmonds subdivision ordinance (ECDC 20.75.020). The pro-
posal will protect the public health, safety and welfare in
accordance with State standards to prevent overcrowding of
land; it will not increase congestion on the streets or
highways of the City of Edmonds; it will provide adequate
provisions for water, utilities, sewerage, storm drainage
and other public requirements; it will provide adequate and
November 6, 1987
Page 6
HEARING EXAMINER'S RE. jMMENDATION:
RE: PRD-1-87, P-2-87 & CU-50-87
proper ingress and egress to the site; and, will provide.
uniform monumenting of subdivisions and accurate legal
descriptions of subdivided lots.
12. The lot and street layout as proposed in the preliminary
plat is adequate. It will meet the requirements of ECDC
20.75.085(B). Access to the individual lots is
satisfactory.
13. The proposed preliminary plat will not adversely impact the
environment. A declaration of nonsignificance has been
issued with mitigating conditions.
14. The requested conditional use permit satisfy the criteria
of ECDC 20.05.010.
15. The proposed development and the requested conditional use
permit satisfy the purposes of the RS zones as set forth in
ECDC 16.20.000. It will reserve and regulate areas
primarily for family living in single-family dwellings. It
will also provide additional non-residential uses which will
complement single-family dwelling use. The non-residential
use will include the commonly owned open space (Tract 100)
which will be beneficial to the property and to the adjoin-
ing neighborhood.
RECOMMENDATION
Based on the preceding Findings of Fact and Conclusions, and the
testimony and evidence submitted at the public hearing, it is
hereby recommended to the City Council of the City of Edmonds
that the Planned Residential Development, preliminary plat and
conditional use permit (PRD-1-87, P-2-87 and CU-50-87) be
approved subject to the following conditions:
1. All excavation and grading shall comply with Chapter 70 of
the Uniform Building Code, 1985 edition.
2. The Applicant shall submit an erosion control plan for
review and approval by the City Engineer. All required
erosion control measures shall be installed prior to the
issuance of any permits. The Applicant shall be responsible
for maintaining the erosion control devices to ensure that
they are operating properly. The erosion control plan shall
indicate how cleared areas shall be replanted with
vegetation.
As part of the erosion control measures, the Applicant shall
provide the City with detailed plans on control of erosion
during construction exposure.
3. The Applicant shall be responsible for keeping all streets
clean and free of debris. Should the City of Edmonds for
any reason be required to clear the streets of dirt and
November 6, 1987
Page 7
HEARING EXAMINER'S RE`,MMENDATION:
RE: PRD-1-87, P-2-87 & CU-50-87
debris cause by the Applicant's construction, the Applicant
shall be responsible for such costs.
4. All site development work shall be done during normal
working hours of the City of Edmonds. Normal working hours
are 8 p.m. to 5 p.m., Monday to Friday.
5. The Applicant shall obtain a grading permit from the
Building Division and comply with all conditions of permit
approval.
6. The Applicant shall be required to submit a clearing plan
showing any areas outside of building pads that will be
cleared.
7. The common area identified on the preliminary plat map as
Tract 100 shall remain in its present natural state. There
shall be no cutting of trees unless they are dead, dying,
diseased or pose a hazard to the public. Any cutting of
trees in this Tract 100 must be reviewed by the Planning
Department of the City of Edmonds. Limited trimming for
view enhancement will be allowed with review by the City.
These requirements shall be shown on the face of the
recorded subdivision.
8. All plans for utilities to serve the development, including,
but not limited to, water, sanitary sewer, and storm sewer,
shall be subject to review and approval by the City of
Edmonds. The Applicant shall comply with all City
Engineering requirements that are listed in Exhibit 9 to
these hearings.
9. No road grade within the site shall exceed 14 percent.
10. The minimum interior side and rear yard setbacks shall be
ten feet. The minimum street setback for each lot shall be
twenty feet.
11. To ensure compatibility of design of the homes in the PRD,
all house plans shall be submitted to the Planning Division
for review and approval prior to issuance of a building
permit. A final landscape plan for each lot shall accompany
the individual building plans. The landscaping shall be
installed within six months of completion of the residence
on each lot.
12. A 10-foot buffer shall be created along the north boundaries
of_Lots 6 and 7. within the 10-foot buffer the Applicant
shall provide an ornamental decorative fence. In addition,
the Applicant shall provide a rockery immediately south of
the 10-foot buffer.
November 6, 1987
Page 8
1
HEARING EXAMINER'S RE MMENDATION:
RE: PRD-1-87, P-2-87 & CU-50-87
13. The conditional use permit for the grading of approximately
7,000 cubic yards of earth material shall be valid only if
the City Council approves the PRD and preliminary plat.
COMMENTS
The subject property, as noted in the Finding of Fact, is an
environmentally sensitive, heavily vegetated parcel of land that
has severe slopes. From the testimony presented it appears that
the only method of development of this site is through the PRD
process. The proposal of the Applicant is reasonable because it
utilizes the relatively level plateaus that are located on the
northeastern portion of the site. It also preserves the steep,
heavy -vegetated portions of the site that are located near the
central area and southwestern corner of the site. The proposed
lots, although smaller than normal RS-20 zoned lots, will be
developed with single-family development and will be clustered.
However, they will not deter from the single-family environment
of the adjoining properties. The lots will be of adequate size
to retain the sensitive nature of the land and still be com-
patible with adjoining properties.
Adequate access is available to the site. Utilities are
available to the site. The internal street, 161st Street S.W.,
is reasonable for access to Lots 3 through 7. Adequate access to
Lots 1 and 2 is off 68th Avenue West.
It does appear that the only issue of dispute in this matter is
the access lane to Lot 7. This access lane, which is located
between Lot 6 of the proposed subdivision and the G.E. Hartley
property immediately to the north, is the most controversial
aspect of this subdivision. In order to install this lane,
significant grading and clearing must occur. This will result in
loss of trees on the very northern portion of this property.
This, according to Mr. Hartley, will be detrimental to the
general environment of the area. As a compromise, the ADB has
recommended that the 10-foot buffer be located from the north
property line to the development of the lane immediately north of
Lot 6. As a condition, I have adopted this recommendation and I
have required that the Applicant place an ornamental decorative
fence within the buffer. Although this could result in the
elimination of some trees that are pleasing to Mr. Hartley, it
will provide aesthetic relief to the property and will ensure no
disruption of the Hartley property. It should be noted that this
lane is only going to service Lot 7, so no excessive traffic will
occur. In addition, a rockery will be placed south of the 10-
foot buffer. As noted in the Finding of Fact, this rockery will
result —in a difference of about seven feet from the elevation of
the buffer and -the lane. This will further ensure privacy to the
Hartley property and result in compatibility with adjoining
properties. This buffer, together with the fence and rockery,
will result in a reasonable development of the site.
November 6, 1987
Page 9
HEARING EXAMINER'S RF MMENDATION: \�
RE: PRD-1-87, P-2-87 « CU-50-87
Entered this 6th day of November, 1987, pursuant to the authority
granted the Hearing Examiner under Chapter 20.100 of the Com-
munity Development Code of the City of Edmonds.
JAM S M. DRISCOLL
He. ring Examiner
NOTICE
You are hereby given notice that pursuant to RCW Section
35.63.130 the foregoing Findings, Conclusions and Recommenda-
tions have been submitted to the Mayor and City Council of the
City of Edmonds, Washington, for their consideration and
approval. Council action on this item will occur at a later
date.
PROCEDURE FOR RECONSIDERATION
Any motions for reconsideration should be filed with
James M. Driscoll, Hearing Examiner, City of Edmonds, Civic
Center, Edmonds, Washington, 98020, within ten business days from
the date of these recommendations. The final date for motion for
reconsideration is 5 p.m. on November 23, 1987.
November 6, 1987
Page 10
H
RESTRICTIONS AND COVENANTS
FOR
"MEADOWDALE RIDGE"
THIS INDENTURE and declaration of restrictions and protective
covenants running with the land, made this day of ,
1988, by METCO CONSTRUCTION, INC., a Washington corporation,
and LOVELL-SAUERLAND AND ASSOCIATES, INC., a Washington
Corporation.
WITNESSETH:
WHEREAS, METCO CONSTRUCTION, INC., and LOVELL-SAUERLAND
AND ASSOCIATES, INC., are the owners of Lots 1 through 7 and
Tract 100, Meadowdale Ridge, according -to the plat thereof
recorded in Volume of Plats, on pages and ,
records of Snohomish County, Washington; and,
WHEREAS, it is the desire of said parties that said
restrictions and covenants be recorded and that said
restrictions and covenants be thereby impressed upon said land,
now , therefore,
IT IS HEREBY MADE KNOWN THAT said parties do by these
presents make, establish, confirm and hereby impress upon Lots
1 through 7 and Tract 100, Meadowdale Ridge, according to the
plat thereof recorded in Volume of Plats, page and ,
records of Snohomish County, Washington, the following
restrictions and covenants to run with said land, and do hereby
bind said parties and all of their future grantees, assignees
and successors to said restrictions and covenants for the term
hereinafter stated and as follows:
1. The area covered by these covenants is the entire
area described above.
2. No lot shall be used except for residential purposes.
No residential building shall be erected, altered,
placed or permitted to remain on any lot other than
one detached single-family dwelling.
3. All buildings to be constructed shall utilize cedar
shake or tile roofing.
4. No residence shall be constructed without a minimum
of an enclosed two -car garage. No "carports" shall
be allowed.
5. No recreational vehicle, boat, or machine of any kind
shall be parked (for a period longer than 48 hours)
on the private street right of way or on any lot in a
position where it is not obscured from general view.
6. Any vehicle which is in an inoperable condition for
more than 48 hours shall not be parked in any
location other than within a resident's garage.
7. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or any other
outbuilding shall be used on any lot at any time as a
residence, either temporarily or permanently.
8. Any dwelling or structure erected or placed on any
lot in this subdivision shall be completed as to
external appearance, including finish painting,
within six months from date of start of construction
except for reasons beyond control, in which case a
longer period may be permitted upon approval of the
Architectural Control Administrator.
9. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot except that dogs,
cats or other household pets may be kept, provided
that they are not kept, bred or maintained for any
commercial purposes.
10. Trees and vegetation planted or implanted on any
respective lot shall not be permitted or allowed to
exceed in elevation, extend above, and/or grow higher
than the uppermost ridgeline of the residence
constructed thereon, except for such trees and/or
vegetation that is located in the easterly yards of
Lots 1, 2, and/or 3.
11. The use of external antennae for the reception and/or
transmission of any radio or television signals shall
be prohibited.
12. No goods, equipment, trucks, vehicles or
paraphernalia used or designed for use in connection
with any business, service or trade shall be kept or
stored in the open on any lot in quantities or in a
manner which is unsightly or objectionable to other
owners in this subdivision.
13. All yard landscaping on any respective lot must be
completed within six (6) months from the date of
completion of the residence constructed thereon.
14. No fence or wall shall be permitted between any
residence and the public or private street right of
way, except that decorative fences having a height of
no more than three (3) feet may be constructed in
said areas.
15. Tract 100 shall be preserved in a substantially
natural condition. Except for the removal of trees
that are dead, deseased, and/or determined to be
hazardous to life or property, and except for the
periodic trimming of trees for the preservation of
scenic views, no clearing, grading, filling, or
construction of any kind shall occur within Tract 100
except for such as may be necessary to the
installation, reinstallation, repair, and/or
perpetual maintenance of any utility systems located
therein. Trimming initiated for the purpose of
preserving scenic views shall be performed only after
review of such trimming by the Edmonds Planning
Department and then only by a person or persons
having expertise in such matters with the cost of
such trimming being borne by the lot owner or owners
initiating such action. Any debris, severed
branches, or litter resulting from said trimming
shall be removed from within Tract 100 immediately
upon completion of such action.
16. It shall be the responsibility of the owners of Lots
2, 3, 4, 5, 6 and 7, respectively, to share equally
in the maintenance and repair of the private roadway
constructed within Tract 200 for the purpose of
providing access to said lots. When necessary to
maintain and/or repair said private roadway, a simple
majority of the owners of said Lots 2, 3, 4, 5, 6 and
7, shall have the authority to determine when, how,
and by whom such maintenance and/or repair shall be
accomplished and completed. Pursuant to any such
maintenance and/or repair, the owners of Lots 2, 3,
4, 5, 6 and 7, respectively, shall share equally in
the cost of such maintenance and/or repair, and in
the event that any one or more of such owners
neglects, fails, or refuses to pay their share of
such cost, the owners of the remaining lots shall
have the authority to file a lien in the amount of
such share upon the property of the delinquent owner
or owners, such lien to be filed in the official
records of the County of Snohomish, and shall have
the further right to bring an action at law against
such delinquent owner or owners for the purpose of
foreclosing the lien to recover both the unpaid share
or shares of such cost, together with interest at the
rate of twelve (12) percent per annum, and to recover
reasonable attorney's fees for services necessary to
such recovery.
17. No building or structure shall be erected, placed, or
altered upon any lot until the construction plans and
specifications for such, including a plan showing the
location of the building or structure, have been
submitted to and approved by the Architectural
Control Administrator as to the quality of
workmanship and materials, harmony of external design
with existing structures, and as to location with
respect to water and mountain view, topography, and
finished grade elevations. Upon receiving such plans
and specifications, the Architectural Control
Administrator, or his duly appointed successor,
shall, within seven (7) days and in writing, approve
or disapprove such plans and specifications, which
decision will be final and binding upon all parties.
18. The Architectural Control Administrator will be
RICHARD H. MIETZNER, whose address is 17018 - 15th
Ave. N.E., Seattle, Washington. At such time as all
of the lots in Meadowdale Ridge, as such are covered
by this declaration, have been sold, the
responsibility and duty of RICHARD H. MIETZNER, as
Architectural Control Administrator, shall cease and
the then -record owners of a majority of the lots in
Meadowdale Ridge may, through a duly recorded
instrument, appoint a successor to such office or may
elect persons from among their number to serve in the
capacity of an Architectural Control Committee.
19. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under
them for a period of thirty years from the date these
covenants are recorded, after which time said
covenants shall be automatically extended for
successive periods of ten years unless an instrument
signed by a majority of the then -owners of the lots
has been recorded, agreeing to change said covenants
in whole or in part.
20. Enforcement shall be by proceedings at law or in
equity against any person or persons violating or
attempting to violate any covenant either to restrain
violation or to recover damages.
21. Invalidation of any one of these covenants by
judgment or court order shall in nowise affect any of
the other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF the undersigned have affixed their
signatures.
METCO CONSTRUCTION, INC.
RICHARD H. MIETZNER,
PRESIDENT
LOVELL-SAUERLAND AND ASSOCIATES, INC.
STATE OF WASHINGTON)
SS.
COUNTY OF )
LORRAINE M. MIETZNER,
SECRETARY
ERALD W. LOVELL,
SECRETARY/TREASURER
On this day of October, 1988, before me personally
appeared Richard H. Mietzner and Lorraine M. Mietzner, to me
known to be the President and Secretary, respectively, of METCO
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 they
were authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and
year first above written.
Notary Public in and for the State of
Washington, residing at
STATE OF WASHINGTON)
SS.
COUNTY
On this /i r-Al day of October, 1988, before me personally
appeared Jurgen P. Sauerland and Gerald W. Lovell, to me known
to be the President and Secretary -Treasurer, respectively, of
LOVELL-SAUERLAND & ASSOCIATES, 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 they were authorized to execute the said
instrument.
Witness my hand and official seal hereto affixed the day and
year first above written.
Notar ublic in and for the Stat of
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