Ordinance 32590006.900000
WSS /aaf /gjz
05/21/99
R:6 /14 /99gjz
ORDINANCE NO. 3259
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 403 3RD AVENUE NORTH WITHIN THE CITY OF
EDMONDS, COMMONLY KNOWN AS THE HERMAN
REZONE, FILE NO. R -28 -207 FROM RS -6 (SINGLE FAMILY)
TO RM -3 (MULTI - FAMILY RESIDENTIAL), AUTHORIZING
EXECUTION OF A CONCOMITANT ZONING AGREEMENT
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Planning Board after a public hearing considering the
amendment of the official zoning map of the City has made its findings and recommendations to
approve such rezone, which were forwarded to the City Council; and
WHEREAS, the City Council after a public hearing and its review of the
recommendations of the Planning Board, determines that the proposed amendment and
Concomitant Zoning Agreement should be approved and for its findings and conclusions adopts
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 is hereby amended to change
the zoning classification of certain real property, located at 403 - 3rd Avenue North, and
-1-
WSS233824.10
consisting of approximately 8,602 square feet (.20 acres) and described in File No. R -98 -207,
hereinafter described from RS -6 (single family residential) to RM -3 (multi - family residential),
subject to the execution and recording of a Concomitant Zoning Agreement in substantially the
form shown in Exhibit A hereto. The legal description of the property to be rezoned is set forth
in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. The City Clerk and Planning Director are hereby authorized and
instructed to effectuate the necessary amendments to the official zoning map to the City of
Edmonds pursuant to this Ordinance.
Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest
to a document entitled "Concomitant Zoning Agreement Submitted Pursuant to Application File
R -98- 207, " 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 Agreement with the Snohomish County
Auditor as a covenant running with the land. The cost of such recordation shall be paid by the
applicant property owner.
Section 4. Effective Date. 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 passage and publication of an approved summary thereof consisting of
the title.
CITY OF EDMONDS
�.
-2-
WSS233824.10
ATTEST /AUTHENTICATED:
I 'c.4'p
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T CITY TTORNEY:
(' W. SCOTT SNYDER, CIT TORNEY
FILED WITH THE CITY CLERK: 06/18/99
PASSED BY THE CITY COUNCIL: 06/22/99
PUBLISHED: 06/29/99
EFFECTIVE DATE: 07/04/99
-3-
WSS233824.10
CONCOMITANT ZONING AGREEMENT SUBMITTED
PURSUANT TO APPLICATION FILE R -98 -207
CITY OF EDMONDS
THIS AGREEMENT is made this date between Douglas J. Herman, hereinafter referred
to as "Owner" and the City of Edmonds, Washington, hereinafter referred to as "City."
WHEREAS, the City, a non - charter code city under the laws of the State of Washington
(Chapter 35A.63.RCW) and Article II, Section 11 of the Washington State Constitution) has the
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 Owner is owner of certain real property, hereinafter referred to as
"Subject Property" located in the City and more particularly described as set forth herein, and
WHEREAS, the Owner has applied for a change in the zoning classification of the
Subject Property from Single Family Residential - 6,000 sq. ft. (RS -6) to Multi Family
Residential - 3,000 sq. ft. (RM -3), and
WHEREAS, the Owner voluntarily offered to limit the use of the property in the course
of proposed development and has fully reviewed this contract incorporating the provisions of his
offer of limitations, and
WHEREAS, the City, through its City Attorney, has informed by this contract the
Owners that certain of the limitations which he has 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, THEREFORE, in consideration of the mutual benefits and conditions hereafter
contained, the Owner agrees that, in the event that the City reclassifies the property described
herein from RS -6 to RM -3 and for so long as the property remains so classified, the Owner
covenants and agrees to be bound by the terms, conditions and agreements set forth as follows:
1. Ownership. Owner is the owner of certain real property, hereinafter referred to
as "Subject Property" situated in the City 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 exists or may hereafter be amended or
recodified, the Owner agrees to limit use of the subject property in the following respects:
2.1 The site development standards for RM -3 zoning shall be met, provided,
however, that no more than two (2) residential units shall be permitted. In the event that the City
1 EXHIBIT A
Ordinance shall at some future date be amended to reduce the number of units which may be
constructed on the site below two (2) in number and the Owner has not vested his rights by fully
completed building permit applications, such changes to city Ordinance shall be applicable to the
subject property and no development right shall be deemed vested by this Agreement.
2.2 The primary permitted use of the Subject Property shall be detached single
family dwellings.
2.3 Parking related to each unit shall be provided on -site.
2.4 Dwelling units constructed on the site shall meet the site development
requirements of the RM zone, as stated in the Edmonds Community Development Code Section
16.30.030 (Site Development Standards).
2.5 The following uses shall not be permitted on site:
2.5.1 Community facilities.
2.5.2 Boarding houses and rooming houses.
2.5.3 Bus stops and shelters.
2.6 Recognizing the requirements of state and federal law under provisions
such as the Fair Housing Act amendments, 42 U.S.C. 3 -02 et. seq., as well as the provisions of
RCW 70.128.175(2) and RCW 35A.63.215 and RCW 35.63.240, the Owner covenants 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 homes for the disabled uses. Nothing herein shall be
interpreted to encourage the Owner to violate the provisions of the state or federal law nor that
the City has induced the voluntary commitment of the Owner 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 agencies under whose
jurisdiction such covenants are regulated. In the event that the Owner 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 Owner or the
City upon application filed in the same manner as a rezone application; provided, however, no
application shall be made by the Owner or the City to amend this Agreement for a period of six
(6) years from the date this Agreement is executed. Thereafter, either the Owner 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
2
application for the rezone of property in the City.
4. Permits. The City shall be under no obligation to issue to the Owner of its /his
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 2.6 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 Owner, its /his
successors and assigns, and the City. This Agreement shall be recorded with the Snohomish
County Auditor and the Grantor /Grantee Index with the Owner being listed as Grantor and the
City as Grantee. All costs of such recordation shall be paid by the Owner. Such recordation and
payment of costs shall be a condition precedent to the Owner exercising any rights under the
terms of this Agreement.
6. Police Powers Unimpaired. 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 Owner
may, at its /his 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 which ever 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.
14
DATED this �9 day of — t-me , 1999.
3
APPROVED:
Barbara S. Fahey, o,
ATTEST:
Sandy C ase, City Clerk
Approved as to form:
City Attorney
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH )
OWNER:
X
I certify that I know or have satisfactory evidence that Douglasx. Herman is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: �/ 9
NO7ARy � : (print or type name)
PUBLIC NOTARY PUBLIC in and for the
State of Washington, residing
►i Ni •'r•.9.•�' �(�``'� at: E DMO'JD .5 W
My Commission expires: //-9-0/
W SS233992.1AGR/F0006.900000
11
SUBJECT PROPERTY
EXHIBIT B
APPLICATION FILE
LEGAL DESCRIPTION
Sunset Addition to the City of Edmonds, Block 000 D -00, Lot 19.
Tax Account Number: 5922 - 000 - 019 -0003
SUMMARY OF ORDINANCE NO. 3259
of the City of Edmonds, Washington
On the 22nd day of June, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3259. 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 403 3RD AVENUE
NORTH WITHIN THE CITY OF EDMONDS, COMMONLY KNOWN AS THE HERMAN
REZONE, FILE NO. R -28 -207 FROM RS -6 (SINGLE FAMILY) TO RM -3 (MULTI- FAMILY
RESIDENTIAL), 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 23rd day of June, 1999.
City Clerk, Sandra S. Chase
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WSS233824. 10
Document
Revised Code of Washington
TITLE 70 RCW PUBLIC HEALTH AND SAFETY
CHAPTER 70.128 RCW ADULT FAMILY HOMES
RCW 70.128.175 Definitions.
Page 1 of 6
RC-W70.-I- 2-8:1x5- Definitions.
1 Applicable Cases
(1) Unless the context clearly requires otherwise, these definitions shall apply throughout this
section and RCW 35.63.140, 35A.63.149, 36.70.755, 35.22.680, and 36.32.560:
(a) "Adult family home" means a regular family abode in which a person or persons provides
personal care, special care, room, and board to more than one but not more than six adults who are
not related by blood or marriage to the person or persons providing the services.
(b) "Residential care facility" means a facility that cares for at least five, but not more than
fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.1.28 RCW.
(c) "Department" means the department of social and health services.
2)-An adult family home shall be considered a residential use of property for zoning and
public and private utility rate purposes. Adult family homes shall be a permitted use in all areas
zoned for residential or commercial purposes, including areas zoned for single family dwellings.
[1997 c 392 § 401; 1995 lst sp.s. c 18 § 29; 1989 lst ex.s. c 9 § 815.]
NOTES:
Short title -- Findings -- Construction -- Conflict with federal requirements - -Part headings and captions not
law- -1997 c 392: See notes following RCW 74.39A.009.
Conflict with federal requirements -- Severability -- Effective date - -1995 1st sp.s c 18: See notes following
RCW 74.39A.030.
Effective date -- Severability- -1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
RCW 70.128.200 Toll -free telephone number for complaints -- Discrimination or
retaliation prohibited.
(1) The department shall maintain a toll -free telephone number for receiving complaints
regarding adult family homes.
(2) An adult family home shall post in a place and manner clearly visible to residents and
visitors the department's toll -free complaint telephone number.
(3) No adult family home shall discriminate or retaliate in any manner against a resident on the
basis or for the reason that such resident or any other person made a complaint to the department or
the long -term care ombudsman or cooperated with the investigation of such a complaint. [1995 lst
sp.s. c 18 § 30.]
NOTES:
Conflict with federal requirements -- Severability -- Effective date - -1995 1st sp.s. c 18: See notes following
RCW 74.39A.030.
RCW 70.128.210 Training standards review -- Delivery system -- Issues reviewed -- Report to
the legislature.
(1) The department of social and health services shall review, in coordination with the
department of health, the nursing care quality assurance commission, adult family home providers,
boarding home providers, in -home personal care providers, and long -term care consumers and
advocates, training standards for providers, resident managers, and resident caregiving staff. The
departments and the commission shall submit to the appropriate committees of the house of
representatives and the senate by December 1, 1998, specific recommendations on training
standards and the delivery system, including necessary statutory changes and funding
requirements. Any proposed enhancements shall be consistent with this section, shall take into
account and not duplicate other training requirements applicable to adult family homes and staff,
and shall be developed with the input of adult family home and resident representatives, health care
professionals, and other vested interest groups. Training standards and the delivery system shall be
relevant to the needs of residents served by the adult family home and recipients of long -term
in -home personal care services and shall be sufficient to ensure that providers, resident managers,
and caregiving staff have the skills and knowledge necessary to provide' '
Adopted by Reference
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Revised Code of Washington
TITLE 35A RCW OPTIONAL MUNICIPAL CODE
CHAPTER 35A.63 RCW PLANNING AND ZONING IN CODE CITIES
RCW 35A.63.215 Family day -care provider's home facility- -City may not prohibit in residential
or commercial area.
RCW- _35A..63.215 Family day -care provider's home facility- -City may not prohibit in
residential o cro ommercial area.
No city may enact, enforce, or maintain an ordinance, development regulation, zoning
regulation, or official control, policy, or administrative practice which prohibits the use of a
residential dwelling, located in an area zoned for residential or commercial use, as a family
day -care provider's home facility.
A city may require that the facility: (1) Comply with all building, fire, safety, health code, and
business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage
standards applicable to the zoning district except if the structure is a legal nonconforming structure;
(3) is certified by the office of child care policy licensor as providing a safe passenger loading area;
(4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of
operations to facilitate neighborhood compatibility, while also providing appropriate opportunity
for persons who use family day -care and who work a nonstandard work shift.
A city may also require that the family day -care provider, before state licensing, require proof
of written notification by the provider that the immediately adjoining property owners have been
informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors
and the family day -care provider over licensing requirements, the licensor may provide a forum to
resolve the dispute.
Nothing in this section shall be construed to prohibit a city from imposing zoning conditions
on the establishment and maintenance of a family day -care provider's home in an area zoned for
residential or commercial use, so long as such conditions are no more restrictive than conditions
imposed on other residential dwellings in the same zone and the establishment of such facilities is
not precluded. As used in this section, "family day -care provider" is as defined in RCW
74.15.020. [1995 c 49 § 2; 1994 c 273 § 16.]
RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a
public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing
on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption,
whether or not the legislative body received a recommendation on the matter from the planning
agency. If the legislative body does not adopt findings of fact justifying its action before this
hearing, then the legislative body shall do so immediately after this public hearing. A moratorium
or interim zoning ordinance adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for
one or more six -month periods if a subsequent public hearing is held and findings of fact are made
prior to each renewal. [1992 c 207 § 3.]
RCW 35A.63.230 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter
shall comply with RCW 43.63A.215(3). [1993 c 478 § 9.]
RCW 35A.63.240 Treatment of residential structures occupied by persons with
handicaps.
1 Applicable Cases
No city may enact or maintain an ordinance, development regulation, zoning regulation or
official control, policy, or administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure occupied by a family or other
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Revised Code of Washington
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.63 RCW PLANNING COMMISSIONS
RCW 35.63.240 Plannina regulations -- Conies n
RCW 35,63,240 -,Planning regulations -- Copies provided to county assessor.
By July 3 -1, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor
a copy of the city's comprehensive plan and development regulations in effect on July 1 st of that
year and shall thereafter provide any amendments to the plan and regulations that were adopted
before July 31st of each following year. [1996 c 254 § 3.]
RCW 35.63.250 General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations
under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 §
3.]
RCW 35.63.260 Conditional and special use permit applications by parties licensed or
certified by the department of social and health services or the department of
corrections -- Mediation prior to appeal required.
(1) Prior to filing an appeal of a final decision by a hearing examiner involving a conditional
or special use permit application requested by a party that is licensed or certified by the department
of social and health services or the department of corrections, the aggrieved party must, within five
days after the final decision, initiate formal mediation procedures in an attempt to resolve the
parties' differences. If, after initial evaluation of the dispute, the parties agree to proceed with a
mediation, the mediation shall be conducted by a trained mediator selected by agreement of the
parties. The agreement to mediate shall be in writing and subject to RCW 5.60.070. If the parties
are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be
selected by lot from among the nominees. The mediator must be selected within five days after
formal mediation procedures are initiated. The mediation process must be completed within
fourteen days from the time the mediator is selected except that the mediation process may extend
beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen -day
period or within the extension if an extension is agreed to, provide the parties with a written
summary of the issues and any agreements reached. If the parties agree, the mediation report shall
be made available to the governing jurisdiction. The cost of the mediation shall be shared by the
parties.
(2) Any time limits for filing of appeals are tolled during the pendency of the mediation
process.
(3) As used in this section, "party" does not include county, city, or town. [1998 c 119 § 1.]
CHAPTER 35.66 RCW
POLICE MATRONS
Sections
35.66.010 Authority to establish.
35.66.020 Appointment.
35.66.030 Assistance by police.
35.66.040 Compensation.
35.66.050 Persons under arrest -- Separate quarters.
RCW 35.66.010 Authority to establish.
1 Applicable Cases
There shall be annexed to the police force of each city in this state having a population of not
less than ten thousand inhabitants one or more police matrons who, subject to the control of the
chief of police or other proper officer, shall have the immediate care of all females under arrest and
while detained in the city prison until they are finally discharged therefrom. [1965 c 7 §
35.66.010. Prior: 1893 c 15 § 1; RRS § 9282.]
RCW 35.66.020 Appointment.
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STATE OF WASHINGTON,
COUNTY OF SNOHOHaISH,
SUMMARY OF
ORDINANCE. NO. 3259
of the City of dmon s;
Washington
On the 22nd I day. of June,
1999, the City Council of the City
of Edmonds, passed Ordinance
No. 3259. A summary . of the
content of said ordinance, con-
sisting 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 403 3RD AVE-
NUE NORTH WITHIN THE CITY
IOF. EDMONDS, COMMONLY
KNOWN AS THE HERMAN RE-
ZONE, FILE NO. R -28 -207
FROM RS -6 (SINGLE FAMILY)
TO RM -3 (MULTI- FAMILY
RESIDENTIAL), AUTHORIZING
EXECUTION OF A CONCOMI-
TANT ZONING AGREEMENT
AND ESTABLISHING AN EF-
FECTIVE DATE: .
.The -.full text of this Ordinance
will be mailed upon request.
DATED this 23rd day of June,
1999.
City Clerk, SANDRA S. CHASE
i SUBJECT PROPERTY
EXHIBIT A
APPLI ATI N FILE
_LEGAL DES RIP I N
Sunset Addition to the City of
Edmonds, Block 000 D -00, Lot
19.
Tax Account Number:
5922- 000 - 019.0003
,Published: June 29, 1999.
B -2 -1
I -
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance N0. 3259
................... ..................................... ............................... ....,..................
.................................................................................................. ............................... .....
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:
June 29, 1999
........................................................................................................... ...........................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
`1
i Principal Clerk
29th
Subscribed and sworn to before me this ..........................
of.._J. pap.e ............ ...................... 19....9.9
Notary Public in and fort a Stat of Washington,
residing at Everett, Snoh mish Cqunty.
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