Ordinance 2015ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS, WASHINGTON, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN
SAID CITY FROM MULTIPLE FAMILY LOW DENSITY (RML)
TO NEIGHBORHOOD BUSINESS (BN) AND BY CHANGING THE
ZONING CLASSIFICATION OF CERTAIN OTHER PROPERTY
LOCATED WITHIN SAID CITY FROM GENERAL COMMERCIAL
(CG) TO MULTIPLE FAMILY LOW DENSITY (RML), PURSUANT
TO PLANNING COMMISSION RESOLUTION NO. 598, AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
COVENANTS.
WHEREAS, Pursuant to Planning Commission Resolution
No. 599, a public hearing was called by the City Council of
the City of Edmonds, Washington, and at the conclusion of
said hearing the City Council having determined as follows:
1. That the proposed zoning changes conform with
the intent of the Comprehensive Plan;
2. That the property presently zoned RML is not
desirable for multiple family uses and is more suited for
business and professional development.
3. Market analysis of the property presently
zoned "CG" indicates that it is not well suited for commercial
use and would be better suited to multi family uses.
4. The proposed zoning changes bear a reasonable
relationship to the zoning and uses of surrounding and
nearby properties;
5. That the proposed zoning changes will not be
detrimental to the public health, safety, morals or welfare
and will be compatible with the surrounding property with
the restrictions imposed in the concomitant agreement;
6. That there are no significant adverse environ-
mental impacts to the surrounding properties either within
or without the jurisdiction of the City of Edmonds, which
will be directly affected by the proposed use of the property
with certain additional limitations imposed by contract
tendered by the owner to the City, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map of the City of
Edmonds, Washington, be and the same is hereby amended by
changing the zoning classification of the following described
parcels of property all situate in the City of Edmonds,
Snohomich County, Washington, as follows:
1. Parcel No. 1 changed from Multiple Family Low
Density (RML) to Neighborhood Business (BN).
2. Parcel No. 2 changed from General Commercial
(CG) to Multiple Family Low Density (RML).
The legal descriptions for Parcel 1 and Parcel 2
are set forth on Exhibit 1 attached hereto and incorporated
in full by this reference.
Section 2. The Director of Community Development
and the Director of Public Works are hereby authorized and
directed to effectuate the necessary amendments to the
Official Zoning Map of the City, pursuant to this ordinance.
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Section 3. The Mayor is hereby authorized to
execute and the City Clerk to attest, that certain document
entitled "Agreement and Covenants in the Nature of a Contract
Rezone" consisting of six typewritten pages and an attached
Exhibit "A" consisting of a site plan of two pages relating
to the above described properties, which was executed by the
owners of said property on the day of August, 1978,
and tendered to the City. The City Clerk is further directed
to record said agreement with the Snohomish County Auditor
as a covenant running with the land. The cost of recordation
shall be paid by the owners.
Section 4. This ordinance shall be in full force
and effect five days after passage and publication by posting
as provided by law.
APPROVED:
{
MAYOR, H. H. Harrison
ATTEST/AUTHENT CATED:
zl- LCITY CLERK, lrmene--V-a-r3'tey—Mor"-an.
APPROVED AS TO FORM:
OFF EF THE �C/ITY ATTORNEY
By�Mj I.f Vl
FILED WITH THE CITY CLERK: August 10, 1978
PASSED BY THE CITY COUNCIL: August 15, 1978
POSTED: August 17, 1978
EFFECTIVE DATE: August 22, 1978
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
ss:
COUNTY OF SNOHOMISH-R-ENE -VARNE-Y"MRAN
/ )
, being first duly sworn
on oath deposes and says that S he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 14
' day of tcc c 197 8 , affiant
posted true and correct copies of the attached Ordinance No.
passed) by the City Council on the / �day of
197 8, at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this day ofGC r , 1978
SUBSCRIBED AND SWORN to before me this day of
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Notary Pub1i irk d for the
State of ashig n, residing
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Attorneys at Law
OSP/Gi.+/R-L
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Center
NO SALES TA)( Edmonlds. Washington
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REQUIRED
f;: 1 AUG 11970
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AGREEMENT AND COVENANTS IN THE NATURE OF
A CONTRACT REZONE
This is an Agreement and Covenants between LAPIERRE
INDUSTRIES, INC., hereinafter referred to as "LAPIERRE" and
the CITY OF EDMONDS, a municipal corporation, hereinafter
referred to as "EDMONDS",
W I T N E S S E T H:
WHEREAS, LAPIERRE is engaged in the development of two
parcels of real property in Edmonds, including the following:
Parcel One consists of .93 acres described as follows:
Lots 1 & 2, Forshee's Upland Tracts,
according to the plat thereof recorded in
Volume 13 of Plats, page 57, records of
Snohomish County, Washington; EXCEPT that
portion of said Lot 2 lying north of the
easterly production of the south line of
Lot 3 in said plat and lying westerly of a line
parallel with and 165.00 feet easterly, as
measured along the north line of said Lots 2 and
3, of the west line of said Lot 3, comprising
approximately 0.93 acres.
Parcel Two consists of 12.26 acres described as follows:
All of Tract 3 and that portion of Tract 2,
Solner's Five Acre Tracts according to the plat
thereof recorded in Volume 7 of Plats on
page 25, records of Snohomish County, Washington,
lying southerly and easterly of a line which begins
at a point on the north line of Tract 2, S 88°
52' 14" E 585.00 feet from the northwest corner
of Lot 3 of Forshee's Upland Tracts according
to the plat thereof recorded in Volume 13 of
Plats on page 57, records of said County; thence
S 0° 25' 10" W, parallel with the west line of
said Tract 2, a distance of 125.00 feet; thence
S 690 28' 51" W. 291.38 feet to the west line
of said Tract 2 at the southeast corner of
Lot 1 of said Forshee's Upland Tracts and the
terminus of the line herein described; TOGETHER WITH
Tract 4 of said Solner's Five -Acre Tracts; EXCEPT
the west 100.00 feet of the North 216.00 feet; and
EXCEPT the north 159.00 feet of the remainder;
Situate in Snohomish County, Washington.
WHEREAS, LAPIERRE has applied for a change in the zoning of
Parcel One from its current RML classification to BN and of
Parcel Two, from its current CG classification to RML; and
WHEREAS, EDMONDS has caused the application in its entirety,
P rU6830 D2 8 8
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington i
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including, but not limited to the Environmental Checklist, to
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be reviewed by its Planning and Engineering departments and
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has fully considered recommendations made after such staff
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review;
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WHEREAS, LAPIERRE has determined a willingness and ability
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to implement certain of the aforementioned staff recommendations
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in the course of its proposed development in the event its
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requested rezone is approved; and
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WHEREAS, LAPIERRE and EDMONDS are willing to enter into
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an agreementin the nature of a contract rezone reclassifying
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Parcel One from RML to BN and Parcel Two from CG to RML, now,
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therefore,
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IT IS HEREBY AGREED AS FOLLOWS:
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1. This Agreement is tendered by LAPIERRE to EDMONDS and
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accepted by EDMONDS, and all parties agree it is applicable
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to the parties to this agreement, their heirs, successors and
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assigns, both as to duties and benefits. The terms of this
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agreement shall be specifically enforceable.
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2. EDMONDS shall be under no obligation to issue LAPIERRE
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or its successors or assigns a building permit for improvements
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or expansion upon any of the subject property of LAPIERRE
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unless such improvements lie within the terms hereof and the
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applicable ordinances at the time of any application for building
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permit, or other permits or approvals.
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3. This agreement and each part of it shall be considered
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covenants running with the land covered hereby and shall be
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binding upon the successors and assigns of LAPIERRE. It shall
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be recorded with the Snohomish County Auditor in the grantor/
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grantee index with LAPIERRE being listed as grantor and EDMONDS9
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=
as grantee and all costs of such recordation shall be paid by =
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LAPIERRE. Such recordation and payment of said costs shall be
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Page 2, Williams & Thomson Inc. P.S.
Attorneys at Law
7808300288 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
CIVIC Center
Edmonds, washington
I a condition precedent to LAPIERRE exercising any rights under
2 the terms of this agreement.
3 4. In consideration of EDMONDS reclassifying Parcel One
4 from RML to BN and Parcel Two from CG to RML, and for so long
5 as the property remains so classified, LAPIERRE covenants as
6 follows:
7 (a) To develop the subject property in substantial
8 accord with the form and design of the site plan set forth
9 in Exhibit "A" (including attachments thereto) attached hereto
10 and made a part hereof by this reference. LAPIERRE reserves
11 the right to make minor revisions in final plans subject to
12 EDMONDS' review. Such development will include substantial
13 landscaping at a cost which is presently estimated by LAPIERRE
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at $100,000.00, recreation areas, parking provisions, fire
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protection measures and all other necessary on-site improvements.
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(b) To improve 72nd Avenue West, from the inter -
17 section of 212th S. W. to the south property line of the subject
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property, to a 3� f of paved section constructed to City
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standards; to align and connect the new curb on 72nd Avenue West
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to the existing curb on 212th Street S. W.
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(c) To place approved "No Parking" signs on
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both sides of 72nd Avenue West as directed by EDMONDS.
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(d) To apply traffic control stripes to the
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intersection of 212th Street S. W. and 72nd Avenue West; 72nd
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Avenue West northbound to two lanes, marked for a right turn
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only lane, and a through and left turn lane for a distance
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of approximately 50 feet south from the southerly margin of
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212th Street S. W.; all of the foregoing improvements to be
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to City standards.
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(e) To provide "Right Turn Only" signs at access
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W & T Page 3, Williams & Thomson Inc. P.S.
Attoineys at Iaw YA0830 0 2 8 8 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CIN CLERK
Civic Center
Edmonds, Washington
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points onto 212th Street S. W. frau Parcel One.
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(f) To construct to City standards a canent barrier along the
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center line of 212th Street S. W. a distance of 360 feet easterly frau its
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intersection with 76th Avenue West. LAPIERRE specifically agrees to waive
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or forbear fran any objection to future extensions of the aforementioned cement
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barrier beyond its above stated length, in the event EDMONDS should propose
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any such extension.
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(g) To pay a proportionate share of the cost of improvements to
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the existing sewer system, based upon one of the following methods, whichever
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is greater:
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(1) The ratio of the land area of the subject property compared
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to the total land area of the property to be served by such sewer system
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improvement.
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(2) The ratio of the potential equivalent residential customer
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count in the land area of the subject property compared to the total potential
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equivalent residential customer count in the total land area of the property
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served by such improvarent, considered in light of the zoning in effect at the
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time such improvement is conpleted. All in accordance with the determination
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of the Edmonds Public Works Department.
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(h) All work shall be done in such manner that no unusual noise or
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disturbance will be caused and no unsightly debris allowed to accumulate nor
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any nuisance created in the area neighborhood.
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(i) To provide a minimum building setback of 20 feet frau all
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property lines in Parcel Two.
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(]) Parcel One uses shall be limited to business offices, profession -
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al office and clinics and any type of enterprise rendering professional or per -
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sonal services as providcd in City of Edmonds Ordinance 12.13.150 (2).
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5. No applications shall be made by LAPIERRE or EDMONDS o
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their successors or assigns to amend for a period of two years CCD
from the date hereof. Thereafter, either LAPIERRE or its
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successors or assigns, or EDMONDS may, upon application filed
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in the same manner as a rezone application, apply to amend or
W & T
Williams & Thomson Inc. P.S.
P08319 0 2 8 9 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
Attorneys at Law
Page 4,
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TN F. T II
Attorneys at Law II
CITY CLERK
Civic Center
Edmonds, washinpton
terminate the provisions and covenants of this agreement or to
change the zoning on said property. Said application to change
or terminate the provisions and covenants or to rezone said
property shall, as aforestated, be heard in the normal manner
at appropriate public hearings as any other application for a
rezone of property in the City of EDMONDS. Such action by
either party shall not release the other or its successors or
its assigns from the obligations assumed under this agreement,
unless and until such application shall be duly approved by
EDMONDS.
6. EDMONDS will cause the necessary ordinances to be
enacted to rezone from Parcel One to BN and Parcel Two to RML for
those allowed uses as defined and permitted by the Edmonds Zoning
Code in effect at the time of this contract, and for such uses
as are contemplated and intended by this agreement and the
attached Exhibit "A". s Cln,�•
7. In the event ;�must bring s it to ppforce
any of the provisions of
t, is agreement, -tie prevail�g-
urti 1 •F ti•�(.
in said actio '11f., beVntitled to reimbursement of all costs
for said litigation together with a sum as and for reasonable
attorneys fees.
IN WITNESS WHEREOF, the parties have executed this contract
this /6-1,Z day of t15-1 , 1978.
Page 5
�80830ot, ,);,
Pres e
CITY OF •
By
"Mayor
ATTEST:
,y Edmonds City Clerk
(] VOL1371 FAA74
Williams £T Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
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CITY CLERK
Civic Center
Edmonds, Washington
STATE OF WASHINGTON
County of 5_A1o40,e $ H f ss.
On this_Ll��day of !`, u&u s'7 1978 before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared ALBERT L.
LAPIERRE to me known to be the President of LAPIERRE INDUSTRIES,
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
the said instrument and that the seal affixed is the
x'61'$ate seal of said corporation.
yY�E�S my hand and official seal hereto affixed the
�!+ rdyy:ar in this certificate above written.
eUfii1� V
OF..�
r,renront'�.... �y NOTARY PUBLIC in and for the State
..,,��..
,.�. of Washington, residing at Edmonds.
STATE OF WASHINGTON )
ss.
County of Snohomish
On this /0'3! day of,, u.¢ , 1978, before me, the under-
signed a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared H. H. HARRISON
and JACQUELINE PARRETT, the Mayor and;,�ffity Clerk, respectively
of the CITY OF EDMONDS, the corporation that executed the
foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said
instrument and that the seal affixed is the corporate seal
of said corporation.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
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W&T
Page 6.
Atiotneys at Law 11
780830 0?
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NOTARY PUBLW in and for the State
of Washington, residing at Edmonds.
VOL 13 11 PAGE 675
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
1p I
CITY CLERK
civic Center
Edmonds, washinstgn
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