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.
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:
1 ,,, e
CITY CLERK, I-rene--V-a-rney—Mo-r-an.
APPROVED AS TO FORM:
OFFi +F THE CITY ATTORNEY
�r �r
By
FIL D WITH THE CITY CLERK: August 10, 1978
PASSED BY THE CITY COUNCIL: August 15, 1978
POSTED: August 17, 1978
EFFECTIVE DATE: August 22, 1978
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
ss:
COUNTY OF SNOHOMISH )
Etc c G 41e AL.('_ y te ei
( -- RENE VARAJEY--•MGRA'N1
, being first duly sworn
on oath deposes and says that She is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the �� `"��`
day of G[-t-cc c , 1978 , affiant posted true and correct copies of the attached Ordinance No.
0/5-, passed by the City Council on the /L day of
4 , 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 /5' day of (2
, 1978 .
SUBSCRIBED AND SWORN to before me this / day of
�6„,, , 197
Notary Public' ir) 'd for the
State of ashi'gCn, residing
at y.a
O/P/G/Ai/IL_
/ 0. 0 o
NO SALES TAX
REQUIRED
111JG�1.19710
iURIL SiE ip ir'l
sil 1 f4.: r:r.
13y J P
f 0erity
CITY CLERK
Civic Center
Edmonds, Washington
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",
WITNESSETH
WHEREAS, LAPIERRE is engaged in the development of two
parcels of real property in Edmonds, including the following:
10 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 69° 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.
29 WHEREAS, LAPIERRE has applied for a change in the zoning of CD
30 Parcel One from its current RML classification to BN and of
31 Parcel Two -from its current CG classification to RML; and
32 WHEREAS, EDMONDS has caused the application in its entirety,
Attorneys at Law
PV8d8300288
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
including, but not limited to the Environmental Checklist, to
be reviewed by its Planning and Engineering departments and
has fully considered recommendations made after such staff
review;
WHEREAS, LAPIERRE has determined a willingness and ability
to implement certain of the aforementioned staff recommendations
in the course of its proposed development in the event its
requested rezone is approved; and
WHEREAS, LAPIERRE and EDMONDS are willing to enter into
an agreement in the nature of a contract rezone reclassifying
Parcel One from RML to BN and Parcel Two from CG to RML, now,
therefore,
IT IS HEREBY AGREED AS FOLLOWS:
1. This Agreement is tendered by LAPIERRE to EDMONDS 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. The terms of this
agreement shall be specifically enforceable.
2. EDMONDS shall be under no obligation to issue LAPIERRE
or its successors or assigns a building permit for improvements
or expansion upon any of the subject property of LAPIERRE
unless such improvements lie within the terms hereof and the
applicable ordinances at the time of any application for building
permit, or other permits or approvals.
3. This agreement and each part of it shall be considered
covenants running with the land covered hereby and shall be
binding upon the successors and assigns of LAPIERRE. It shall
be recorded with the Snohomish County Auditor in the grantor/
grantee index with LAPIERRE being listed as grantor and EDMONDS
4.0
as grantee and all costs of such recordation shall be paid by
LAPIERRE. Such recordation and payment of said costs shall be
W&T
Attorneys at Law
Page 2,
7808300288
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
8
29
30
31
32
a condition precedent to LAPIERRE exercising any rights under
the terms of this agreement.
4. In consideration of EDMONDS reclassifying Parcel One
from RML to BN and Parcel Two from CG to RML, and for so long
as the property remains so classified, LAPIERRE covenants as
follows:
(a) To develop the subject property in substantial
accord with the form and design of the site plan set forth
in Exhibit "A" (including attachments thereto) attached hereto
and made a part hereof by this reference. LAPIERRE reserves
the right to make minor revisions in final plans subject to
EDMONDS' review. Such development will include substantial
landscaping at a cost which is presently estimated by LAPIERRE
at $100,000.00, recreation areas, parking provisions, fire
protection measures and all other necessary on -site improvements.
(b) To improve 72nd Avenue West, from the inter-
section of 212th S. W. to the south property line of the subject
36 �ze,
property, to a 3� foot paved section constructed to City
standards; to align and connect the new curb on 72nd Avenue West
to the existing curb on 212th Street S. W.
(c) To place approved "No Parking" signs on
both sides of 72nd Avenue West as directed by EDMONDS.
(d) To apply traffic control stripes to the
intersection of 212th Street S. W. and 72nd Avenue West; 72nd
Avenue West northbound to two lanes, marked for a right turn
only lane, and a through and left turn lane for a distance
of approximately 50 feet south from the southerly margin of
212th Street S. W.; all of the foregoing improvements to be
to City standards.
(e) To provide "Right Turn Only" signs at access
V0L1371 PACE612
W&T
Attorneys at Law
Page 3,
7/808300288
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
Attorneys at Law
points onto 212th Street S. W. fran Parcel One.
(f) To construct to City standards a cement barrier along the
center line of 212th Street S. W. a distance of 360 feet easterly from its
intersection with 76th Avenue West. LAPIERRE specifically agrees to waive
or forbear fran any objection to future extensions of the aforementioned cement
farrier beyond its above stated length, in the event EDMONDS should propose
any such extension.
(g) To pay a proportionate share of the cost of improvements to
the existing sewer system, based upon one of the following methods, whichever
is greater:
(1) The ratio of the land area of the subject property compared
to the total land area of the property to be served by such sewer system
improvement.
(2) The ratio of the potential equivalent residential customer
count in the land area of the subject property compared to the total potential
equivalent residential customer count in the total land area of the property
served by such improvement, considered in light of the zoning in effect at the
time such improvement is completed. All in accordance with the determination
of the Edmonds Public Works Department.
(h) All work shall be done in such manner that no unusual noise or
disturbance will be caused and no unsightly debris allowed to accumulate nor
any nuisance created in the area neighborhood.
(i) To provide a min mum building setback of 20 feet from all
property lines in Parcel Two.
(j) Parcel One uses shall be limited to business offices, profession-
al office and clinics and any type of enterprise rendering professional or per-
sonal services as provided in City of Edmonds Ordinance 12.13.150 (2).
5. No applications shall be made by LAPIERRE or EDMONDS op
their successors or assigns to amend for a period of two years CD
from the date hereof. Thereafter, either LAPIERRE or its
successors or assigns, or EDMONDS may, upon application filed
in the same manner as a rezone application, apply to amend or
Williams & Thomson Inc. P.S.
Page 4, °V 839 0 2 8
T-•1
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
WEB T
Attorneys at Law
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
7. In the
-+-1,.. c i 1 C
event -must
nAu
any of the provisions of tci7'is agreement,
in said action,sha.11 be bntitled to reimbursement of all costs
bring s it to force
441e prevailm109-tpleal
for said litigation together with a sum as and for reasonable
attorneys fees.
IN WITNESS WHEREOF, the parties have executed this contract
this / day of Auclasi' , 1978.
Page 5 -
78083002,
CITY OF EDMONDS
By di
ATTEST:
ti Edmonds City Clerk
A4+l-4-C•-z-,..J
or
v0'1371 PAGE674
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
1
2
3
4
5
6
7
13
14
15
16
17
18
19
20
21
22
23
29
30
31
32
STATE OF WASHINGTON )
County of Sao,'FoatisN
On this yN ?
//—�day of �l0Gv S7 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
0"61$ ate seal of said corporation.
?. %.
010m, WITVESS my hand and official seal hereto affixed the
;+:,dy:a in this certificate above written.
mt
llfiOCI,z .x
WO*
••iIrl,illI 0114lllh
ss.
d. + 7V< z�
NOTARY PUBLIC in and for the State
of Washington, residing at Edmonds.
STATE OF WASHINGTON )
ss.
County of Snohomish )
On this %,x. day of ..qq ¢ , 1978, before me, the under-
signed a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeed H. H. HARRISON
and JACQUELINE PARRETT, the Mayor andeity 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.
fo7 . /) , ,,e.1_4.,-�_
NOTARY PURL in and for the State
of Washington, residing at Edmonds.
VOL 1371 PAGE 675
W&T
Atiotneys at Law
Page 6.
780830 0? r
Williams & Thomson Inc. P.S.
143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151
CITY CLERK
Civic Center
Edmonds, Washington
;
nr
com
z
P
m
°
e c rn
Z
115 —
rn "4 P.
41 FPI'
•P tn
C.O. —
ID " tr,
n
) T1.1
A
VI
•
; •
tinTrrn
r-t
l�u_iLu1t11 133111—i
‘,
•••
VOL1371 FACE676
CM( CLERK
Civic Center
Edmonds, Washington
[VI
Cu
76 th AVE. W.
03 •,! G; I a i 0. x -- i
a 1
riIC.
a ~ O
U1 VI
0 - 'I
a rD {
1:
STOESER
-wTLEArr
iU
5�
I �
0
z
3
0
'JNI ISNO
Lai f1Y� X7W
,,
rJr :Jrlr r:1
UpLANr TR
417.32 `
•o
.0
JAMES
TANDOO
1.
1t�! '' -0i4.134`f , , Ash ,H • 1 59'
72nd-AVE. W.
VZ
NfiiNnG tHd iti
Sd
(ff
I— 111
(3)
VOROS --{
(J
MAR LUKE
N ASSOC
OLIN t�}
W
—I -74 t h -AVE: W - z
r"j SHORELINE
C]
03
P �l 2
NI
IST. PIERRE. FRANCIS
(Al
Y.M.C.A. 47^
r'
-4 IL Q. m
I— 23
—BERRY `l x
C].
iJti C
i/1
—I
GORDON L.12
a)
vo11.371 PACE 677
t