Ordinance 27640006.150.004B
WSS/klt
12/27/89
ORDINANCE NO. 2764
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 ON THE APPLICATION OF DOU'G
IKAGAMI FOR PROPERTY LOCATED AT 22211 - 76TH
AVENUE WEST, APPLICATION NO. R-2-89, FROM RM-2.4
(MULTI -FAMILY RESIDENTIAL) TO CG (GENERAL
COMMERCIAL); AUTHORIZING EXECUTION OF A
CONCOMITANT 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 a public hearing
reviewed the recommendations of the Planning Board and determined
that the proposed amendment and agreement should be approved and
adopting, the Findings and Conclusions of its Planning Board,
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 from RM-
2.4 (multi -family residential) to CG (General Commercial),
subject to the Concomitant Zoning Agreement, Exhibit A executed
and recorded as provided herein. The legal description of the
property rezoned is set forth in Exhibit B, attached hereto and
incorporated herein by this reference as if set forth in full.
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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
"Agreement and Covenants," attached hereto as Exhibit A 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
its publication, or publication of a summary thereof consisting
of its title, in the City's official newspaper.
APPROVED:
MAYOR, t�AR" S. NAUGHTEN
ATTEST/AUTHENTICATED:
C TY LERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY �J
FILED WITH THE CITY CLERK: December 27, 1989
PASSED BY THE CITY COUNCIL: March 6, 1990
PUBLISHED: March 11, 1990
EFFECTIVE DATE: March 16, 1990
ORDINANCE NO. 2764
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EXHIBIT A
City of Edmonds
250 Fifth Avenue N.E.
Edmonds, Washington 98020
CONCOMITANT REZONE AGREEMENT
Tgre his ement is made and entered into this ./O ZX day
of , 1989 by F. Douglas Ikegami and Patricia Ikegami,
husband and wife, hereinafter referrred to as "Owner".
RECITALS
A. Whereas F. Douglas Ikegami and Patricia Ikegami are the
owners of the following described real property located at 22211-76th
Avenue West, Edmonds, Wash. 98020 legally describesd as follows:
LEGAL DESCRIPTIONS
REZONE AREA:
That portion of the Northwest quarter of the Southwest
quarter of Section 29, Township 27 North, Range 4 East
W.M., described as follows:
Beginning at the Southwest corner of the Southwest
quarter of the Northwest quarter of the Southwest quar-
ter of Section 29, Township 27 North, Range 4 East, W.M.;
THENCE North 0044' West 480.16 feet;
THENCE South 89°05'58" East 146.32 feet to True Point of Beginning;
THENCE continuing South 89°05'58" East 190.0 feet;
THENCE North 0'36'41" West 61.99 feet;
THENCE North 89°05'58" West 190.0 feet;
THENCE South 0044' East 62.0 feet to True Point of Beginning.
Situate in the County of Snohomish, State of Washington.
B. Owner has applied to the City of Edmonds for a rezone of the
Property from the Mutiple Residential Classification (RM 2.4) to the
General Commercial Classification (Contract CG) subject to this Agreement.
This Concomitant Zoning Agreement has been freely and voluntarily
offered by the Owner to the City of Edmonds in conjunction with its
application for zoning. This Concomitant Zoning Agreementis not
offered as consideration for any approval on behalf of the City and
acceptance thereof shall not bind the City in the exercise of its
legislative and quasi judicial discretion.
C. The City of Edmonds has found that this rezone is in the public
interest, provided that development of the Property is planned and
implemented in accordance with the standards, conditions and require-
ments set forth in this agreement, which shall be an integral part of
the zoning restrictions applicable to the Property.
D. The Property adjoins other property already rezoned to General
Commercial (Contract CG) to the North and General Commercial (CG) to
the East. The Owner has constructed an Automobile Dealership on the
abutting property to the North and operates a Motorhome Repair business
on the abutting property to the East. The Owner intends to use the
Property as part of the Automobile Dealership and Motorhome Repair
business.
AGREEMENT
THE OWNER HEREBY AGREES AS FOLLOWS:
1. OIL and GAS STORAGE. There shall be no storage tanks for oil,
gas or other petroleum products on the property.
2. NOISE. There shall be no outside loudspeakers, telephone bells
or similar devices permitted on the Property. The Property shall comply
with all City of Edmonds' ordinances regarding noise levels, as they may
exist from time to time.
3. USE. Use of the Property shall be limited to automobile and
motorhome parking, new and used car preparation, motorhome repair,
reconditioning and related uses, together with all other uses permitted
under the Property's present Multiple Residential Classification (RM 2.4),
and no other uses whatsoever. However, if the Owner elects to construct
multiple residential units; Owner agrees to abide by required setbacks
under (RM 2.4) Multiple Residential Classification.
4.
future shall
(Exhibit A).
NEW CONSTRUCTION. Construction of any new building in the
be limited to the areas indicated on the attached map.
5. SITE PLAN REVIEW. A Site Plan for development
on the Property, and any amendments thereto, shall be
subject to review and approval by the Architectural Design
Board. The Site Plan shall include such landscape buffers
as may be agreed upon or which may be required as a
condition of Site Plan approval by the Architectural Design
Board.
6. LEGAL REQUIREMENTS. The Owner, his heirs,
successors, or assigns shall comply with all City Ordinances
and regulations applicable to the development and use of the
Property, and nothing therein shall be construed as
superceding said ordinances or regulations nor shall
acceptance hereof waive any right which the City may have at
law or ordinance.
7. RECORDING. This Agreement shall be recorded
with the Snohomish County Auditor for the purpose of
subjecting the Property to the restrictions, conditions and
limitations herein set forth, which are intended to an
shall have the force and effect of deed restrictions and
shall be deemed to be covenants running with the land and
binding upon the Owner, his heirs, successors or assigns.
8. ENFORCEMENT. Any violation of this Agreement
by the Owner, his heirs, successors or assigns, shall be
considered a violation of the City of Edmonds Municipal
Cose, and shall be subject to all applicable penalties. In
addition to said remedies, the City of Edmonds may also
elect to bring an action or actions that will accomplish a
specific performance of this Agreement.
9. CONSTRUCTION OF AGREEMENT. This Agreement is
concomitant with the action of the Edmonds City Coucil in
rezoning the Property to General Commercial
Classification. Nothing herein contained shall be construed
as being agreed to in consideration for said rezone, no
does the City relinquish its legislative power with respect
to said rezone in consideration of this Agreement.
10. BUFFERS. All landscape buffers and setbacks
shall comply with City Ordinances. Buffers shall be
installed and maintained in accordance with the approvals of
the Architectural Design Board.
OUGLAS IKEGAMI
PATRICIA A. IKEGAMI
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence
that F. DOUGLAS IKEGAMI and PATRICIA IKEGAMI, husband and
wife, signed this instrument and acknowledged it to be their
free and voluntary act for the uses and purposes therein
mentioned
SUBSCRIBED AND SWORN to before me this 7 day
of 198 �.
NOTARY PUBLIC in and for e
State of WAshington��.
residing at p le_
My commission expires
ACCEPTED BY THE CITY OF EDMONDS:
ATTEST
B
r
City Attorney6,1
CITY CLERK
EXHIBIT B
That portion of the Northwest quarter of the Southwest quarter of
Section 29, Township 27 North, Range 4 East W.M., described as follows:
Beginning at the Southwest corner of the Southwest quarter of the
Northwest quarter of the Southwest quarter of Section 29, Township 27
North, Range 4 East, W.M.; Thence North 0044' West 480.16 feet; Thence
South 89005'58" East 146.32 feet to True Point of Beginning; Thence
continuing South 89005'58" East 190.0 feet; Thence North 0136'41" West
61.99 feet; Thence North 89005'58" West 190.0 feet; Thence South 0144'
East 62.0 feet to True Point of Beginning. Situate in the County of
Snohomish, State of Washington.
Affidavit of Publication
STATE or WASHINGTON, sa
COUNTY OF sNOHoivLISH,
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY OF
ORDINANCE NO. 2764 printed and published in the City of Everett, County of Snohomish,
of the Cifv of
Edmonds.On the 6th rYY of
march
and State of Washington; that said newspaper is a newspaper of
the City Council of thecditY of
Edmonds, passed Ordinance No, general circulation in said County and State; that said newspaper
2764, A summary of the content
tthhetititfePpr�ovides as touosws"..p of has been approved as a legal newspaper by order of the Superior
AN ORDINANCE OF THE CITY
AN1ENOING SfHEAOFFICIA Court of Snohomish County and that the notice ....................:....::.............
ZONING MAP OF THE CITY OF
EDMONOS TO CHANGE THE
ZONING DESIGNATION ON
CERTAIN REAL PROPERTY ON S umm a.r y.................................................... o. 2764
The full text of this Ordinance
a printed copy of which is hereunto attached, was published in said
will he malled upon request.
1"1ATEO this 6ih day of March,
newspaper proper and not in supplement form, in the regular and
JACOUELINE G. PARRETT
City Clerk
entire edition of said paper on the following days and times, namely:
EXHIBIT B
That pardon of the North.
West quarter of the South.
West qquarter of Sectlon 24
Tawn%lp 4
27 North, Range
East W.M., described as
March 9, 199 ❑ ..♦,.,.
follows: Beginning of me
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....................................... ..:...................................:.......:.........•---...............:...........
the
and that said newspaper was regularly distributed to its subscribers
during all of said period.
r a i
Principal Clerk
State of
9, 1990. Subscribed and sworn to before me this........ Ift-h,---------
March 19 90
dayof ............:..................
Notary:PuaiiC in and for the State of Washington,
J. residirig at}Everett, Snohomish County.
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