Ordinance 30700006.15004B
WSS /imm /bjs
1/17/96
R: 01/25/96
ORDINANCE NO. 3070
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDMONDS TO CHANGE THE ZONING
DESIGNATION OF CERTAIN REAL PROPERTY LOCATED
AT 510 AND 516 - 4TH AVENUE S. AND 318 HOWELL WAY
FROM RS -6 (SINGLE FAMILY RESIDENTIAL — 6,000
SQUARE FEET) TO RM -2.4 (MULTI - FAMILY RESIDENTIAL
— 2,400 SQUARE FEET); AUTHORIZING EXECUTION OF A
CONCOMITANT ZONING AGREEMENT AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Planning Board at public hearing considered the following
amendments to the official zoning map and made findings and recommendations which were
forwarded to the City Council, and
WHEREAS, the applicants have voluntarily proposed certain limitations on the
use of their property which are proposed to run with the land, and
WHEREAS, certain of those restrictions are beyond the City's authority to impose
pursuant to state and federal law but may — within certain limitations — be imposed as private
covenants by the action of the property owner, and
WHEREAS, the City Council after a public hearing reviewed the
recommendations of the Planing Board and determined that the proposed amendment and
agreement should be approved along with adopted findings and conclusions of its Planning Board
as amended herein; NOW, THEREFORE,
WSS121754.10/F0006.15004BB0006.
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 to change the
zoning classification of certain property herein after described from RS -6 (single family
residential — 6,000 square feet) to RM -2.4 (multi- family residential — 2,400 square feet) subject
to a Concomitant Zoning Agreement, attached hereto as Exhibit B, upon execution and recording
as provided herein. The legal description of the property rezoned is set forth in the attached
Exhibit A, incorporated by this reference as if set forth in full. The City Council specifically
notes that the applicant has voluntarily proposed to restrict its usage of the property by
prohibiting, among other uses, family day care homes, mini day care facilities, retirement homes
and groups of the disabled. The City Council finds that RCW 70.128.175(2) pre -empts the
ability of municipalities to prohibit certain elder care facilities in residential neighborhoods and
RCW 35A.63.215 pre -empts the City's ability to prohibit day care facilities in single family
neighborhoods. Similarly, the Fair Housing Act Amendments 42 USC 3602 et s . and similar
provisions of State law prohibit the City from discriminating against the disabled by prohibiting
group homes in residential neighborhoods. The City therefore, while approving the rezone and
concomitant agreement, anticipates its enforcement only by lawful private covenants which limit
commercial activities and not by the prohibition of otherwise lawful and legally protected
facilities for the elderly, children or the disabled.
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.
wSS12I754 .10/P0006.15004B/B0006.
Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest
to that document entitled: "Concomitant Zoning Agreement — File #R -95- 177," attached hereto
as Exhibit B 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. Effective Date. This ordinance, being an exercise of the 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 summary thereof consisting
of the title.
ATTEST /AUTHENTICATED:
ez ,6C
SANDRA S. CHASE, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
WSS121754 .10/F0006.15004B/B0006.
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APPROVED:
MA
MAYOR BARBARA
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FILED WITH THE CITY CLERK: 1/26/96.
PASSED BY THE CITY COUNCIL: 2/27/96
PUBLISHED: 3/3/96
EFFECTIVE DATE: 3/8/96
ORDINANCE NO. 3070
WSS121754 .10/F0006.15004B/B0006.
SUBJECT PROPERTY
11 1.3
APPLICATION FILE R-95-177
LEGAL DESCRIPTION
City Park Addition to Edmonds, Block 001, all of Lots 18, 19, 20, Block 1, according to
the Plat thereof recorded in Volume 9 of Plats, Page 10, Records of the Auditor of the
County of Snohomish, State of Washington. ,
Tax Account Numbers
4096 -001 -019 -0103
4096- 001 -019 -0202
4096- 001 -018 -0005
EXHIBIT B
CONCOMITANT ZONING AGREEMENT SUBMITTED
PURSUANT TO APPLICATION FILE #R -95 -177
CITY OF EDMONDS
THIS AGREEMENT is made this date between DALE E. HOGGINS, DONNA
L. HOGGINS, JAMES RASBAND, ESTER RASBAND, KEN NILSEN, LOIS
NILSEN, and ALEX PATRICK, hereinafter referred to as'OWNERS,' and the CITY OF
EDMONDS, WASHINGTON, 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 Article 11, Section 11 of
the Washington State Constitution) has the authority to enact laws and enter into agree-
ments to promote the health, safety and welfare of its citizens and thereby control the use
and development of property within it jurisdiction, and
WHEREAS, the OWNERS are OWNERS of certain real property located in the
CITY of Edmonds and more particularly described as set forth herein, and
WHEREAS, the OWNERS have applied for a change in the zoning classification
of the subject property from Single Family Residential - 6,000 square feet (RS -6) to Multi-
Family Residential - 2,400 square feet (RM -2.4), and
WHEREAS, the CITY has caused the application in its entirety to be reviewed by
its Planning and Engineering Departments and its Planning Board, and has fully considered
their recommendations made after such review and the said recommendations are found by
the CITY Council to be appropriate, and
WHEREAS, the OWNERS voluntarily offered to limit the use of the property in
the course of proposed development and have fully reviewed this contract incorporating
the provisions of their offer of limitations, and
WHEREAS, the CITY through its City Attorney have informed by this contract
the OWNERS that certain of the limitations which they have proposed are beyond the
authority of the CITY to enforce or require, and in certain instances, the property owner,
to fully implement, and the parties' desire to limit such offer and acceptance only to lawful
limitations authorized by state and federal law, NOW, THERFORE,
IN CONSIDERATION OF THE MUTUAL BENEFITS AND CONDITIONS
HEREAFTER CONTAINED, the OWNERS agrees that, in the event that the CITY
reclassifies the property described herein from RS -6 to RM -2.4 and for so long as the
property remains so classified, the OWNERS covenant and agree to be bound by the
terms, conditions and agreements set forth as follows:
1. OWNERSHIP. OWNERS are owners of certain real property, hereinafter
referred to as "Subject Property" situation in the CITY of Edmonds, Washington, and
legally described as set forth in the attached Exhibit A.
2. LIMITATION OF USE. Notwithstanding any other provision of the Edmonds
City Code and Community Development Code, as the same exist or may hereafter be
amended or recodified, the OWNERS agree to limit use of the subject property in the
following respects:
2.1 The site development standards for RM -2.4 zoning shall be met,
provided, however, that no more than six (6) residential units shall be permitted instead of
the ten (10) currently provided. In the event that the City Ordinance shall at some future
date be amended to reduce the number of units which may be constructed on the sit below
six (6) and the OWNERS have not vested their rights by fully completed building permit
applications, that said new restriction shall apply.
2.2 The primary permitted use of the subject property shall be attached
single family dwellings.
2
2.3 Each unit shall have its own parking facility provided on -site.
2.4 Each two -unit attached single family structure or townhouse shall
be constructed on a separate lot.
2.5 The maximum permitted height of all structures on the site shall be
twenty -five (25) feet and shall be measured and determined in accordance with the rules
applicable within the City of Edmonds for single family structures.
2.6 The following uses shall not be permitted on the site:
2.6.1 Community facilities.
2.6.2 Boarding houses and rooming houses.
2.6.3 Bus shops and shelters.
2.7 Recognizing the requirements of state and federal law under
provisions such as the Fair Housing Act amendments, 42 USC 3602 et se g., as well as the
provisions of RCW 70.128.175(2) and RCW 35A.63.215 and RCW 35.63.240, the
OWNERS covenant in consultation with the applicable responsible officials of the state
and federal government to enact by restrictive covenant only such limited restrictions on
the commercial use of the property as may lawfully limit the use of the subject property for
family day care home, mini day care facilities, retirement homes, and group home for the
disabled uses. Nothing herein shall be interpreted to encourage the OWNERS to violate
the provisions of the state or federal law nor that the CITY has induced the voluntary
commitment of the OWNERS to enact limited lawful restrictions. The parties anticipate
that any private covenant imposed upon the subject property, which limits its commercial
use shall be developed in consultation with the United States Department of Housing and
Urban Development, and any other state or federal agency under whose jurisdiction such
covenants are regulated. In the event that the OWNERS or CITY are advised by a state
or federal agency with jurisdiction that such provisions are in violation of the law in
writing, this subparagraph 2.7 shall be null and void.
3. AMENDMENT. Amendments to this agreement may be made by the
OWNERS or the CITY upon application filed in the same manner as a rezone application;
provided, however, no application shall be made by the OWNERS or the CITY to amend
this agreement for a period of six (6) years from the date of this agreement. Thereafter,
either the OWNERS or the CITY may, upon application, apply to amend or terminate the
provisions and covenants of the agreement or to change the zoning on the subject property
or any portion thereof. Such application shall be heard in the normal manner at
appropriate public hearings as any other application for the rezone of property in the City
of Edmonds.
4. PERMITS. The CITY shall be under no obligation to issue to the
OWNERS or their successors or assigns building permits, occupancy permits or other
permits or approvals for improvements on or the use of the subject property unless such
improvements or uses are consistent with the terms of this agreement and the applicable
City Ordinances at the time of application for such permits or approval. As noted in
Paragraph 2.7 above, certain provisions are limited by the provisions of state and federal
law. Such laws shall be complied with at all times by the parties.
5. RUN WITH LAND. This agreement, and each part of it, shall be
considered a covenant running with the land covered hereby and shall be binding upon the
OWNERS, their successors and assigns, and the CITY. This agreement shall be recorded
with the Snohomish County Auditor and the Grantor /Grantee Index with the OWNERS
being listed as Grantors and the CITY as Grantee. All costs of such recordation shall be
paid by the OWNERS. Such recordation and payment of costs shall be a condition
precedent to the OWNERS' exercising any rights under the terms of this agreement.
4
6. POLICE POWERS UNJIMPAIRED. Nothing in this agreement shall be
construed to restrict the authority of the CITY in the lawful exercise of its police powers.
7. CONFLICT. In the event any section, paragraph, sentence, term or clause
of this agreement conflicts with applicable law, such conflicts shall not affect other
sections, paragraphs, sentences, terms or clauses of this agreement which can be given
effect without the conflicting provision and to this end, the terms of this agreement shall
be deemed to be severable.
8. REVIEW ON CONFLICT. In the event any section, paragraph, sentence,
term or clause of this agreement is found to be in conflict with applicable law, the CITY
shall have the right to bring the proposed development before the City Council for further
review and imposition of appropriate conditions to assure that the purposes for which this
agreement is entered into are in fact so accomplished.
9. REMEDIES. In addition to any remedies provided by law, the CITY or
the OWNERS may, at their discretion, maintain a lawsuit to compel a specific
performance of the terms and conditions of this agreement or to otherwise enforce its
provisions through injunctive or other remedies, and whichever party prevails in such
action, it shall be entitled to recover all costs of enforcement, including reasonable
attorneys' fees by counsel of the parties' choosing.
Dated this_�day of ' '%�!,4 , 1996.
APPROVED:
MAYOR BARBARA S. FABIEY�
ATTEST /AUTHENTICATED:
0 1 / 2! �4� -
'�SANDRA S. CHASE, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
DALE E. HOGGINS
ESTER RASBAND
KEN NILSEN
7t
LOS NILSEN
ALEX PATRICK
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he /she signed this
instrument and acknowledged it as the of the City of Edmonds to
be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED:
CITY OF EDMONDS
(Signature)
Title
(Print Name)
NOTARY PUBLIC
My appointment expires:
STATE OF WASHINGTON )
ss.
COUNTY OF K )
Sh o hom 6 h
I certify that I know or have satisfactory evidence that Alex Patrick is the person
who appeared before me, and said person acknowledged thatoshe signed this instrument
and acknowledged it to be hi (er free and voluntary act for the uses and purposes
mentioned in this instrument.
DATED: �) - I q
I
(Print Name
NOTARY PUBLIC
My appointment expires:
STATE OF WASHINGTON )
ShC.kom5 k ) ss.
COUNTY OF Tom-- )
I certify that I know or have satisfactory evidence that Donna L. Hoggins is the
person who appeared before me, and said person acknowledged that he /she signed this
instrument and acknowledged it to be his /her free and voluntary act for the uses and
purposes mentioned in this instrument.
DATED ;!P- ` I '-(- 9
( Signatul)
(Print e)
NOTARY PUBLIC
My appointment expires: — /'5--'17
STATE OF WASHINGTON )
k ) ss.
COUNTY OTC )
I certify that I know or have satisfactory evidence that Dale E. Hoggins is the
person who appeared before me, and said person acknowledged that he /she signed this
instrument and acknowledged it to be his /her free and voluntary act for the uses and
purposes mentioned in this instrument.
DATED: - (c(— gG
(Signature' / {
(Print Name)
NOTARY PUBLIC
My appointment expires: y- (' "% 7
..
(/LT"
STATE OF )
L, ) ss.
COUNTY OF- )
I certify that I know or have satisfactory evidence that Ester Rasband is the
person who appeared before me, and said person acknowledged that he /she signed
this instrument and acknowledged it to be his/her free and voluntary act for the uses
and purposes mentioned in this instrument.
DATED
a =, HAL J. ALLEN
°'� °g N.OT!lRNFI/�{lC•STA1EalUi�ll
} e 1421 C1EST 000 SOUTH
ORED, UT 04050
'•• C0MI EXPIRES 10.1OAS
K'TA4
STATE OF )
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COUNTY 0F4GNG )
/971, /��
(Signature)
H-4 L- 77(L
(Print Name)
NOTARY PUBLIC
My appointment expires:
I certify that I know or have satisfactory evidence that James Rasband is the
person who appeared before me, and said person acknowledged that he /she signed
this instrument and acknowledged it to be his/her free and voluntary act for the uses
and purposes mentioned in this instrument.
DATED: 2- "S' -,q (,;,
MCO'MIA ��//�,�����H.�,�A�.},LL,�► ,J,y..� A//J�LyLL�EN/��/,�/�y�H
1421 CHEST 000 SOUTH
ORES, UT 04050
EXPIRES 10.10.23
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(Signature)
(Print Name)
NOTARY PUBLIC
My appointment expires: V y
STATE OF WASHINGTON )
ss.
COUNTY OFD )
I certify that I know or have satisfactory evidence that Lois Nilsen is the person
who appeared before me, and said person acknowledged that he /she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in this instrument.
DATED `
(Sign ture)
\ ktiloz
(Print Name)
NOTARY PUBLIC
My appointment expires: CP Z
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
Goa c+�
I certify that I know or have satisfactory evidence that Ken Nilsen is the person
who appeared before me, and said person acknowledged that he /she signed this instrument
and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in this instrument.
DATED:
(Signa re)
(Print Name)
NOTARY PUBLIC
My appointment expires: -7:)� ,
SUNB4ARY OF ORDINANCE NO. 3070
of the City of Edmonds, Washington
On the 27th day of February , 1996 , the City Council of the City of Edmonds,
passed Ordinance No. 307 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING
DESIGNATION OF CERTAIN REAL PROPERTY LOCATED AT 510 AND 516 - 4TH
AVENUE S. AND 318 HOWELL WAY FROM RS -6 (SINGLE FAMILY RESIDENTIAL —
6,000 SQUARE FEET) TO RM -2.4 (MULTI - FAMILY RESIDENTIAL — 2,400 SQUARE
FEET); AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT
AND ESTABLISHING AN EFFECTIVE DATE. .
The full text of this Ordinance will be mailed upon request.
DATED this 28th day of February , 1996
k - • c/O�
SANDRA S. CHASE, CITY CLERK