Ordinance 26850006.150.004B
WSS/jib
8/30/88
ORDINANCE NO. 2685
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 LOCATED AT 21229-21239
PIONEER WAY, FILE NO. R-2-88, FORM RS-8/P.R.D.
(SINGLE FAMILY) TO RM-3 (MULTI -FAMILY
RESIDENTIAL), AUTHORIZING EXECUTION OF A
CONCOMITATNT ZONING AGREEMENT AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Planning Board at a public hearing,
considered the following amendments to the Official Zoning Map
and made their findings and recommendations which were forwarded
to the City Council, and
WHEREAS, the City Council after public hearing reviewed
the recommendations of the Planning Board and determined that the
proposed amendment and agreement should be approved adopting as
Findings of Fact and Conclusions of Law the attached Exhibit A,
incorporated as if herein set forth. 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
classification of certain property hereinafter described form RS-
8/P.R.D. (Single Family Residential) to RM-3 (Multi -family
Residential) subject to the Concomitant Zoning Agreement executed
and recorded as provided herein. This approval does not release
WSS508340 -1-
any obligation of the Planned Residential Development (P.R.D.)
approval binding said property. The legal description of the
property re -zoned is set forth in Exhibit B, attached hereto and
incorporated hereby by 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 Rezone Agreement for La Terra, A Condominium",
attached hereto as Exhibit C and incorporated herein by this
reference as if set forth in full. 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 thereof consisting of its title, in the
City's official newspaper.
ATTEST/AUTHENTICATED:
ACIWC�LE`RK,JACQUELINE G. PARRETT
WSS50834O -2-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY r
FILED WITH THE CITY CLERK: August 30, 1988
PASSED BY THE CITY COUNCIL: October 18, 1988
PUBLISHED: October 23, 1988
EFFECTIVE DATE: October 28, 1988
ORDINANCE NO. 2685
WSS50834O —3—►c.
WSS/jib
08/30/88
EXHIBIT A
BEFORE THE EDMONDS
CITY COUNCIL
REZONE APPLICATIONS OF TAYLOR,
MISCHKE & WATSON AND ELDER,
JOHNSON AND LICHTENHAGEN
APPLICATION:
R-2-88 AND
R-3-88
PROCEDURAL SUMMARY
On May 25, 1988, the Planning Board of the City of Edmonds
conducted a public hearing regarding the contract rezone
application R-2-88 of Robert Elder, Joseph Johnson and Richard
Lichtenhagen to rezone property located at 21229 - 21239 Pioneer
Way from RS-8 (Single Family Residential) to RM-3 (Multi -Family
Residential); and
On said date, the Planning Board also conducted a hearing
regarding a similar rezone request R-3-88 that Dealther Taylor,
David Mischke and Donald Watson to rezone property located at
21106 - 21118 Shell Valley Road from RS-8 (Single Family
Residential) to RM-3 (Multi -family Residential). Both tracts
were currently burdened by P.R.D. covenants. Said rezones are
both intended to be subject to concomitant zoning agreements,
copies of which are attached as Exhibits A and B and incorporated
by this reference as fully as if herein set forth. The Findings
of Fact and Conclusions of the Planning Board respectively are
attached hereto as Exhibits C and D.
On July 5, 1988, the City Council held seperate public
hearing on each application. Based upon the evidence introduced
at such hearings, the report of its Planning Board and its
record, the City Council hereby approves said Concomitant
WSS50839X -1
Rezoning Agreements and the preposed rezones as herein provided.
FINDINGS OF FACT
1. The City Council hereby adopts as its Findings of Fact,
the Findings of Facts of the Edmonds Planning Board, dated May
11, 1988 with respect to R-2-88 and with respect to R-3-88.
CONCLUSIONS
1. The City Council hereby respectively adopts as its
Conclusions, the Conclusions of its Planning Board in the
Findings of Fact and Conclusions dated May 11, 1988 with respect
to applications No. R-2-88 and R-3-88.
DECISION
In approving said Concomitant Rezoning Agreements and in
adopting on ordinance thereby rezoning such property, the City
Council hereby states its intent that no precedent with regard to
the rezoning of an approved P.R.D. is established. The Council
finds that, as is typically the case with real estate, each
parcel is unique. The Council believes and finds that the rezone
requests conform to the requirements to the Community Development
Code and are practically necessitated in these instances. No
special privilege will be granted to the property owners and
existing circumstances constitute a change in the neighborhood
supporting said rezones. Council further states its intent that
nothing herein should be deemed to relieve the owners of
�.
properties within these areas of the prior existing obligations
of th
e Planned Residential Development approval. The Planning
-2-
WSS50839X
Board is directed to consider, in any future subdivision/planned
residential development review process, the necessity for an
interlocking maintenance agreement in order to ensure
continuation of the existing PRD maintenance agreement
obligations for greenbelts, open public areas, and the other
obligations of the Planned Residential Development approvals.
DONE this 13th day of October , 1988.
APPROVED AS TO FORM:
OFFIg,R OF THE CITY ATTORNEY:
BY
WSS50839X -3-
EXHIBIT 0
CONCOMITANT REZONE AGRRE ENT
FOR
LYNN PARR A CONDOMINIUM
THIS AGREEMENT is made this date between DEALTHER L.
TAYLOR and LILLIE G. TAYLOR, husband and wife, and DAVID E.
MISCHKE and KATHY MISCHKE, husband and wife, and DONALD L.
WATSON and ANITA J. WATSON, husband and wife, all hereinafter
referred to as "OWNERS", and the CITY OF EDMONDS, WASHINGTON, a
municipal corporation, hereinafter referred to as "CITY".
WHEREAS, the CITY OF EDMONDS, WASHINGTON, a non -charter
code city, under the laws of the State of Washington (Chapter
35A.63 RCW and Section 11 of the Washington State
Constitution), has authority to enact laws and enter into
agreements to promote the health, safety and welfare of its
citizens and thereby control the use and development of
property within its jurisdiction; and
WHEREAS, the OWNERS own certain real property located in
the City of Edmonds, County of Snohomish, State of Washington,
which real property is more particularly described as follows,
to wit:
All apartments of Lynn Park, a condominium, according to
survey map and floor plans recorded in Volume 37 of Plats,
pages 82 through 84, inclusive, records ❑f Snohomish
County, Washington, under Auditor's File No. 7705250339
and as identified by declaration recorded under Auditor's
File No. 7705250340;
Together with an undivided 100 per cent interest in the
common areas and facilities described in said declaration;
Also known as Lot 34, Shell Park Division No. 2, according
to the plat thereof recorded in Volume 36 of Plats, on
pages 29 through 31, inclusive, records of Snohomish
County, Washington.
and,
WHEREAS, the OWNERS have applied to the CITY for a change
in the zoning classification of the subject property from RS-8
(Single Family Residential) to .RM-3 (Multiple Residential);
and,
WHEREAS, the City has caused the application in its
entirety to be reviewed by its Planning and Engineering
Departments and by its Planning Board and, upon careful
consideration of their recommendations, has determined that the
requested zoning change is in the public interest, provided
that the continued use, maintenance, and/or redevelopment of
the subject property is in accordance with certain terms,
conditions, and agreements which shall be set forth herein and
hereafter considered to be integral parts of the zoning
restrictions applicable to the subject property; NOW THEREFORE,
IN CONSIDERATION of the mutual benefits derived by reason
of the terms, conditions, and agreements hereinafter contained,
the OWNERS and the CITY hereby covenant and agree to be bound
by the terms, conditions, and agreements set forth as follows,
to wit:
1. Irrespective of other provisions of the Edmonds City
Code and/or Community Development Code, as now or may
hereafter be amended or recodified, the OWNERS agree to
limit use of the subject property to multi -family or
multiple residential use, and the OWNERS further agree
that no more than six (6) dwelling units shall be located
upon the subject property or, in the event that the
Page 1 of 4
subject property is withdrawn from the provisions of
Chapter 64.32 of the Revised Code of Washington, i.e., the
Horizontal Property Regimes Act (Condominiums) and
subsequently subdivided into three (3) separate and
independent lots, one for each of the three duplex
buildings presently situated thereon, no more than two (2)
dwelling units shall be located on any one of the three
(3) lots into which the subject property may be so
subdivided.
2. The OWNERS, their heirs, successors, and assigns,
shall comply with all City ordinances and regulations
applicable to the continued use, maintenance, subdivision,
and/or redevelopment of the subject property, and nothing
herein shall be construed as superseding such ordinances
and regulations.
3. The CITY shall be under no obligation to issue to the
OWNERS, their heirs, successors, or assigns, permits or
other approvals for subdivision, redevelopment, or
modification of the subject property, including the
improvements presently situated thereon, unless such
subdivision, redevelopment, or modifications are
consistent with the terms of this agreement and/or with
applicable City ordinances and regulations in effect at
the time such permits and/or approvals are requested.
4. Any violation of this agreement by the OWNERS, their
heirs, successors or assigns, shall be considered a
violation of the City of Edmonds Municipal Code and shall
be subject to all applicable penalties. In addition, the
City of Edmonds may also elect to bring such action or
actions as will accomplish the specific performance of
this agreement.
5. This agreement shall be filed in the records of the
Snohomish county Auditor for the purpose of subjecting the
subject property to the restrictions, conditions and
limitations herein set forth, which are intended to be and
shall have the force and effect of deed restrictions and
shall be deemed to be covenants running with the subject
land and be binding upon the OWNERS, their heirs,
successors, and assigns.
6. This agreement shall become effective upon final
approval by the CITY of the requested rezone of the
subject property to the RM-3 (Multiple Residential)
classification.
IN WITNESS WHEREOF, the OWNERS and the CITY cause these
presents to be executed this day of , 1988.
M 7
De
L. TAYLOR
DAVID E. MISCHKE
DONALD L. WATSON
L
L LLIE G. TAY
ANITA J. HdATSON
Page 2 of 4
CITY OF EDMONDS
Page 3 of 4
STATE OF WASHINGTON)
) SS.
COUNTY OF SNOHOMISH)
On this day personally appeared before me DEALTHER L. TAYLOR
and LILLIE G. TAYLOR, his wife, to me known to be the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses and
purposes therein mentioned. GIVEN under my hand official seal this— a1:- , day of October,
1988.
' Notar Public in and for the St4"-of.
Y �_ _
Washington, residing atfN)6r. _
%mW"i55/'0Vj
STATE OF WASHINGTON)
) SS.
COUNTY OF SNOHOMISH)
On this day personally appeared before me DAVID E. MISCHKE and
KATHY MISCHKE, his wife, to me known to be the individuals
described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as thekr
free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand official seal this ll ! day of October,
1988.
Notary lic in and for the Staff of'
Washington, residing at
STATE OF WASHINGTON)
) SS.
COUNTY OF SNOHOMISH)
on this day personally appeared before me DONALD L. WATSON and
ANITA J. WATSON, his wife, to me known to be the individuals
described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their
free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand official seal this day of October,
1988.
Notary Public in and for t e State of
Washington, residing at
�y �P,�
Page 4 of 4
EXHIBIT B
LEGAL DESCRIPTION FOR LA TERRA, A CONDOMINIUM
Lot 10, Shell Park Division No. 2, according to the plat thereof
recorded in Volume 36 of Plats, on page 29, records of Snohomish
County, Washington.
(Formerly known as La Terra A Condominium, according to the condominium
plat thereof recorded in Volume 37 of Plats, on pages 204 through 207
inclusive, records of Snohomish County, Washington.)
SUBJECT TO the covenants, conditions, and restriction contained in that
certain Declaration of Covenants, Conditions, and Restrictions for
Shell Park, as the same is recorded under Auditor's File No.
7605030255, records of Snohomish County, Washington;
and,
SUBJECT TO further easements, restriction, and reservations of record,
if any.
EXHIBIT C
CONCOMITANT REZONE -AGREEMENT
FOR
LA TERRA, A CONDOM-INIUM
THIS AGREEMENT is made this date between ROBERT L. ELDER
and CLAUDIA J. ELDER, husband and wife, and JOSEPH B. JOHNSTON,
a single man, and RICHARD J. LICHTENHAGEN and BECKY L.
LICHTENHAGEN, husband and wife, all hereinafter referred to as
"OWNERS", and the CITY OF EDMONDS, WASHINGTON, a municipal
corporation, hereinafter referred to as "CITY".
WHEREAS, the CITY OF EDMONDS, WASHINGTON, a non -charter
code city, under the laws of the State of Washington (Chapter
35A.63 RCW and Section 11 of the Washington State
Constitution), has authority to enact laws and enter into
agreements to promote the health, safety and welfare of its
citizens and thereby control the use and development of
property within its jurisdiction; and
WHEREAS, the OWNERS own certain real property located in
the City of Edmonds, County of Snohomish, State of Washington,
which real property is more particularly described as follows,
to wit:
All apartments of La Terra, a condominium, according to
survey map and floor plans recorded in Volume 37 of Plats,
pages 204 through 207, inclusive, records of Snohomish
County, Washington, under Auditor's File No. 7712220302
and as identified by declaration recorded under Auditor's
File No. 7712220303;
Together with an undivided 100 per cent interest in the
common areas and facilities described in said declaration;
Also known as Lot 10, Shell Park Division No. 2, according
to the plat thereof recorded in Volume 36 of Plats, on
pages 29 through 31, inclusive, records of Snohomish
County, Washington.
and,
WHEREAS, the OWNERS have applied to the CITY for a change
in the zoning classification of the subject property from RS-8
(Single Family Residential) to RM-3 (Multiple Residential);
and,
WHEREAS, the City has caused the application in its
entirety to be reviewed by its Planning and Engineering
Departments and by its Planning Board and, upon careful
consideration of their recommendations, has determined that the
requested zoning change is in the public interest, provided
that the continued use, maintenance, and/or redevelopment of
the subject property is in accordance with certain terms,
conditions, and agreements which shall be set forth herein and
hereafter considered to be integral parts of the zoning
restrictions applicable to the subject property; NOW THEREFORE,
IN CONSIDERATION of the mutual benefits derived by reason
of the terms, conditions, and agreements hereinafter contained,
the OWNERS and the CITY hereby covenant and agree to be bound
by the terms, conditions, and agreements set forth as follows,
to wit:
1. Irrespective of other provisions of the Edmonds City
Code and/or Community Development Code, as now or may
hereafter be amended or recodified, the OWNERS agree to
limit use of the subject property to multi -family or
multiple residential use, and the OWNERS further agree
that no more than six (6) dwelling units shall be located
upon the subject property or, in the event that the
Page 1 of 4
subject property is withdrawn from the provisions of
Chapter 64.32 of the Revised Code of Washington, i.e., the
Horizontal Property Regimes Act (Condominiums) and
subsequently subdivided into three (3) separate and
independent lots, one for each of the three duplex
buildings presently situated thereon, no more than two (2)
dwelling units shall be located on any one of the three
(3) lots into which the subject property may be so
subdivided.
2. The OWNERS, their heirs, successors, and assigns,
shall comply with all City ordinances and regulations
applicable to the continued use, maintenance, subdivision,
and/or redevelopment of the subject property, and nothing
herein shall be construed as superseding such ordinances
and regulations.
3. The CITY shall be under no obligation to issue to the
OWNERS, their heirs, successors, or assigns, permits or
other approvals for subdivision, redevelopment, or
modification of the subject property, including the
improvements presently situated thereon, unless such
subdivision, redevelopment, or modifications are
consistent with the terms of this agreement and/or with
applicable City ordinances and regulations in effect at
the time such permits and/or approvals are requested.
4. Any violation of this agreement by the OWNERS, their
heirs, successors or assigns, shall be considered a
violation of the City of Edmonds Municipal Code and shall
be subject to all applicable penalties. In addition, the
City of Edmonds may also elect to bring such action or
actions as will accomplish the specific performance of
this agreement.'
5. This agreement shall be filed in the records of the
Snohomish County Auditor for the purpose of subjecting the
subject property to the restrictions, conditions and
limitations herein set forth, which are intended to be and
shall have the force and effect of deed restrictions and
shall be deemed to be covenants running with the subject
land and be binding upon the OWNERS, their heirs,
successors, and assigns.
6. This agreement shall become effective upon final
approval by the CITY of the requested rezone of the
subject property to the RM-3 (Multiple Residential)
classification.
IN WITNESS WHEREOF, the OWNERS and the CITY cause these
presents to be executed this day of , 1988.
ROBERT L. ELDER CLAUDIA J. ELI%R
B X 'ICH Eli GEN
Page 2 of 4
CITY OF EDMONDS
Y G 'N YOR
TEST:
. r.
no ..r?tas
V.11
STATE OF WASHINGTON)
COUNTY OF SNOHOMISHj
On this day personally appeared- before me ROBERT L. ELDER and
CLAUDIA J. ELDER, his wife-, to me known to be the individuals
described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their
free anc) voluntary got and deed, for the uses and purposes
therein mentioned.
GIVEN Under my hand official seal this Z day of October,
1988.
�fiq' U'u
Notary Oublic in and for the State -of
Washington, residing at 6 HW On.P(6
W� %rnNYY+�s�rr,kPireb : �)��Rz
STATE OF WASHINGTON)
) SS.
COUNTY OF SNOHOMISH)
On this day personally at#eared before me JOSEPH B. JOHNSTON,
to me known to be the individual described ir1 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 meptioned.
GIVEN under my hand official seal this_114a_ day of October;
1988.
Notary Public n and for th s " �e.-of_
Washington, residing at
13% 10e7� 7/ 191 .....
STATE OF WASHINGTON)
) SS.
COUNTY OF SNOHOMISH)
On this day personally appeared before me RICHARD J.
LICHTENHAGEN and BECKY L. LICHTENHAGEN, his wife, to me known
to be the individuals described in and who executed the within
and foregoing instrument, and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses and
purposes therein mentioned. ji
GIVEN under my hand official seal this �I day of October,
1988.
/�- k 13
Notary Public in and for the St te.of
Washington, residing at
1'✓�y Co✓yrrn r551 � ��, reS : � f � 8�
Page 4 of 4
C
EXHIBIT 1,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY OF EDMONDS REZONE
CITY OF EDMONDS FILE: #R-2-88
After notification in conformance with law, the Planning Board of the
City of Edmonds conducted a public hearing on May 11, 1988 on the
contract rezone application of Robert Elder, Joseph Johnston and
Richard Lichtenhagen. The applicants have requested approval of a
proposal to establish RM-3 (Multiple Family) zoning for property
located at 21229 through 21239 Pioneer Way. Based upon the evidence
presented thereat, the Planning Board makes the following findings of
fact:
FINDINGS OF FACT
1. The rezone area is located within the Planned Residential
Development (PRD) of Shell Park Division No. 2. Specifically, the
rezone covers Lot 10 of said PRD. The site contains 20,873 square
feet of lot area. There are three duplex townhouse buildings
located on the property. The subject property is currently zoned
RS-8/PRD.
2. The townhouses were permitted uses under the original PRD. The
original PRD of Shell Park allowed 64 dwellings units on 44 lots.
There are four lots in the development that have multiple family
structures.
3. A determination of nonsignificance has been issued by the City on
the rezone request.
4. The subject property is designated by the Comprehensive Plan Map
as Low Density Residential, as is the surrounding area.
5. In 1977, the condominium plat of La Terra was filed covering the
subject property. Unfortunately, for whatever reason, the proper
paperwork was never completed. No homeowners association or
maintenance agreements were set up.
5. The three duplex townhouses on the property are each held under
separate ownership. None of the dwelling units are owner occupied.
6. Due to current financial practices, the Applicant submitted that
there is no way for the owners to refinance the dwelling units.
7. No physical changes will result from the proposed rezone action.
In conjunction with the contract rezone, the Applicants intend to
file applications for a PRD and three lot subdivision.
8. No additional dwelling units will result from the rezone action.
The original number of dwelling units in the Shell Park Div. No. 2
PRD will remain the same.
Planning Board .,-,c6mmendation
#R-2-88
age 2
9. Only one witness testified in opposition to the request. His
concerns centered upon notification to the Homeowners Association
and possible violations of the covenants by the building owners.
CONCLUSIONS OF LAW
1. The current owners of the dwelling units are faced with financial
problems. Refinancing for the dwelling units is difficult given
the current banking practices for condominium financing. This is
due to the requirement for owner occupancy ratios.
2. Opposition to the rezone has been expressed by one resident.
3. No significant adverse environmental impact will result from the
contract rezone request. No additional dwelling units will be
constructed and the overall density of the Shell Park PRD will
remain the same. This is consistent with the Comprehensive Plan
designation of Low Density Residential.
4. The public benefit, which would result from the rezone request, is
that it is likely that the units will be more economically
viable.
RECOMMENDATION TO THE CITY COUNCIL
The Planning Board of the City of Edmonds recommends to the City
Council that Rezone Application R-2-88 be approved, subject to the
recording of the concomitant agreement and approval of a new Planned
Residential Development.
This recommendation was passed by the Planning Board, three to two,
with Don Lewis and Janet Phillips opposing the motion.
PASSED the 11th day of May, 1988.
LMER, CHAIR
DMON S PLANNING BOARD
PBRECR2/TXTDVB51
1
EXHIBIT D
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY OF EDMONDS REZONE
CITY OF EDMONDS FILE: #R-3-88
After notification in conformance with law, the Planning Board of the
City of Edmonds conducted a public hearing on May 11, 1988 on the
contract rezone application of Dealther Taylor, David Mischke and
Donald Watson. The applicants have requested approval of a proposal to
establish RM-3 (Multiple Family) zoning for property located at 21106
through 21118 Shell Valley Road. Based upon the evidence presented
thereat, the Planning Board makes the following findings of fact:
FINDINGS OF FACT
1. The rezone area is located within the Planned Residential
Development (PRD) of Shell Park Division No. 2. Specifically, the
rezone covers Lot 34 of said PRD. The site contains 18,961 square
feet of lot area. There are three duplex townhouse buildings
located on the property. The subject property is currently zoned
RS-8/PRD.
2. The townhouses were permitted uses under the original PRD. The
original PRD of Shell Park allowed 64 dwellings units on 44 lots.
There are four lots in the development that have multiple family
structures.
3. A determination of nonsignificance has been issued by the City on
the rezone request.
4. The subject property is designated by the Comprehensive Plan Map
as Low Density Residential, as is the surrounding residential
area. Yost Park, located to the west, is designated Community
Park.
5. In 1977, the condominium plat of Lynn Park was filed covering the
subject property. Unfortunately, for whatever reason, the proper
paperwork was never completed. No homeowners association or
maintenance agreements were set up.
5. The three duplex townhouses on the property are each held under
separate ownership. None of the dwelling units are owner occupied.
6. Due to current financial practices, the Applicant submitted that
there is no way for the owners to refinance the dwelling units.
7_ No physical changes will result from the proposed rezone action.
In conjunction with the contract rezone, the Applicants intend to
file applications for a PRD and three lot subdivision.
Planning Board Recommendation �l.-age 2
#R-3-88
8. No additional dwelling units will result from the rezone action.
The original number of dwelling units in the Shell Park Div. No. 2
PRD will remain the same.
9. Only one witness testified in opposition to the request. His
concerns centered upon notification to the Homeowners Association
and possible violations of the covenants by the building owners.
CONCLUSIONS OF LAW
1. The current owners -of the dwelling units are faced with financial
problems. Refinancing for the dwelling units is difficult given
the current banking practices for condominium financing. This is
due to the requirement for owner occupancy ratios.
2. Opposition to the rezone has been expressed by one resident.
3. No significant adverse environmental impact will result from the
contract rezone request. No additional dwelling units will be
constructed and the overall density of the Shell Park PRD will
remain the same. This is consistent with the Comprehensive Plan
designation of Low Density Residential.
4_ The public benefit, which would result from the rezone request, is
that it is likely that the units will be more economically
viable.
RECOMMENDATION TO THE CITY COUNCIL
The Planning Board of the City of Edmonds recommends to the City
Council that Rezone Application R-3-88 be approved, subject to the
recording of the concomitant agreement and approval of a new Planned
Residential Development.
This recommendation was passed by the Planning Board, three to two,
with Don Lewis and Janet Phillips opposing the motion.
PASSED the 11th day of May, 1988.
F LMER, CHAIR
EDMONDS PLANNING BOARD
PBRECR3/TXTDVB51
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIV1ISH,
Ia
SUMMARY OF
4RDi0N.l
ro�Y6lS
t of
The undersigned, being first duly sworn on oath deposes and says
Edmonds wtv
on
On the 18111 day of Octptfer,
1988 the CRY Council of the CRy
that she is Principal Clerk of THE HERALD, a daily newspaper
of gdmonds passed ordinance
No. eats.
sold ory or the
printed and published in the City of Everett Count of Snohomish,
P P Y Y
tantent of sold ordinance,
f
consisting of the title, provides
�
or, followR
AN ORDINANCE OF THE
and State of Washington; that said newspaper is a newspaper of
CITY OF EDMONDS
WASHIHGTON, AMENi71HC;
general circulation in said County and State; that said newspaper
THE OFFICIAL ZONING
MAP OP THE CITY OF
ONDS T NOF
has been approved as a legal newspaper by order of the Superior
THING DES NAr
Ito a °"� inraETAIrrn�&TT
Court of Snohomish County and that the notice ........................................
of this Ordlnont4l
upon request. -
s l ath day '-0t
NE G. PARRETT
LEGAL DESCRIPTION FOR LA
TERRA A CONDOMINIUM
Lot lb, $beg Park VIVISlon
No. 7, accord [no to ltm 0I01
thereof recorded In Volume
eonohomih4,
cords f Ss
County, Weshfnotan.
iFar t�erly known as Lo
Tarn A Conunminlum.
according to the
recorded In volume 37 Off
Plods; on popes 704 ifirough
707 Inclushre records of
SnohomNih L;'aunly.
Wushln n.
SUBJE T T Ric
covenants, condffi0ns, and
restriction contained in Mal
ds
No.
of
SUBJECT TO turH�gr
eaxemeMs, reskI nand _
resRrWtlpnS of recor� H,
Pny.
PubII9iled: October 23, 1988:
...... ORDINANCE .... NO ....... 2.6-8.5................... ...................................... ......
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:
...... CTOBER.._.23_,____.l_9
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this ... .3rd
for the State of Washington,
Snohomish County.
B-2-1