Ordinance 33680006.900000
WSS /gjz
6/15/01
ORDINANCE NO. 3368
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 551 ELM WAY, COMMONLY KNOWN AS THE FOURNO
REZONE, FILE NO. R- 2001 -31, FROM RM -2 TO RM -1.5;
AUTHORIZING EXECUTION OF A CONCOMITANT
ZONING AGREEMENT, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Planning Board at public hearing considered an amendment to
the official zoning map and made its findings and recommendations to the City Council, and
WHEREAS, the City Council, after public hearing and review of the
recommendations of the Planning Board has , determined that the proposed amendment, if
approved in conjunction with a proposed concomitant zoning agreement, conforms to the review
criteria of the Edmonds Community Development Code and should be approved and therefore
adopts the findings and conclusions of its Planning Board, and
WHEREAS, the City Council in making its determination that the rezone
application comports with the review criteria set forth in ECDC 2.40, specifically concludes that
the use of the property by the applicant mirrors the land uses and zoning of surrounding
properties, and that changes within the immediate vicinity of the property justify approval of the
rezone, and
WHEREAS, the City Council specifically notes and finds that testimony
presented by the applicant regarding issues personal to the applicant, such as her retirement, the
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valuation of the property and her reliance on representations that the property could be used for a
duplex, are not relevant to the City Council's determination and have not been considered as a
basis for the approval of this rezone, and
WHEREAS, the City Council finds that the property is suitable for use in the
zoning category proposed as limited by the concomitant zoning agreement and consistent with
the use of surrounding properties as well with its comprehensive plan, 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 action
of the City Council, is hereby amended to change the zoning classification of certain real
property located at 551 Elm Way, and legally described in file No. R- 2001 -34 and the attached
Exhibit B from RM -3 (multiple residential -3,000 square feet) to RM -1.5 (multiple residential-
1,500 square feet), subject to a concomitant zoning agreement, attached hereto as Exhibit A and
incorporated by this reference as fully as if herein set forth, and conditioned upon execution
recording of the document as provided herein. The legal description of the property is set forth
in Exhibit B, attached hereto and incorporated by this reference as fully as if herein set forth.
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, a document entitled "Covenant Regarding Use and Future Development ", attached hereto as
Exhibit A and incorporated by this reference as fully as if herein set forth and referred to herein
as a concomitant zoning agreement. The City Clerk is further directed to record said
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concomitant zoning agreement with the Snohomish County Auditor as a covenant running with
the land. The cost of such recordation shall be paid by the applicant /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.
APPROVED:
MOOR G Y HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT E C ATT Y.
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 06/22/2001
PASSED BY THE CITY COUNCIL: 06/26/2001
PUBLISHED: 07/13/20Q1
EFFECTIVE DATE: 07/18/2001
ORDINANCE NO. 3368
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SUMMARY OF ORDINANCE NO. 3368
of the City of Edmonds, Washington
On the 26th day of June, 2001, the City Council of the City of Edmonds, passed
Ordinance No. 3368. 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 A CERTAIN REAL PROPERTY COMMONLY AS THE FOURNO
REZONE, FILE NO. R- 2001 -31 FROM RM -2 TO RM -1.5; AUTHORIZING EXECUTION OF
A CONCOMITANT ZONING AGREEMENT, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of June, 2001.
CITY CLERK, SANDRA S. CHASE
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When Recorded Return To:
City of Edmonds
121 -5" Avenue North
Edmonds, WA 98020
Document Title: Contract Rezone
Reference No.: R-2001-34-
Grantor(s): Ines Angiono FourndGraiitee(s): The City of Edmonds
Legal Description: Lot 8, Highland Park, according to the Plat thereof
recorded in Volume 23 of Plats, page 76, Records of Sno.
Assessor's Parcel #: 00 4722 000 008 00 & 00 4722 000 008 01
COVENANT REGARDING USE AND FUTURE DEVELOPMENT
WHEREAS, Ines Angiono- Fourno (Grantor) is the owner of the real property described
in Exhibit A attached hereto, and
WHEREAS, The City of Edmonds is a municipal corporation (referred to herein as
Grantee), within the boundaries of which the real property described in Exhibit A above is
located, and
WHEREAS, the Grantee has approved a re -zone of the real property described in Exhibit
A attached hereto from RM - 3 to RM - 1.5, on the condition that the future development of the
subject real property is restricted in the manner set forth in Section 3 below, and the Grantor is
desirous of restricting the future development of the subject real property and obtaining the re-
zone referred to herein, the Grantor does hereby covenant and agree as follows:
1. Consideration. This agreement is made for and in consideration of, the re-zone
referred to above and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged.
Covenant Regarding
Future Development - 1
2. Future Development Restricted. Any future use, development, modification or
improvement of the subject real property shall be subject to the setback restrictions applicable to
the RM -3 zoning designation, and shall be limited to no more than three (3) dwelling units,
provided, however, that these limitations may be modified, repealed, or otherwise left in
accordance with the provisions of paragraph 3 below.
3. Amendment or Repeal. This contract may be amended or terminated in the same
manner and pursuant to the same procedures applicable to a rezone of the real property described
in Exhibit A under the ordinances in effect at the time such application is made to the City of
Edmonds. Grantor covenants that she shall not initiate a rezone request or attempt to terminate
or amend this agreement within five (5) years from the date of execution of this covenant.
4. Covenant to Run With the Land. The restriction contained herein shall be a
covenant running with the land, and shall be binding upon the Grantor, her heirs, executors and
assigns forever.
DATED this a8 day of 2001.
hq o' 0
IVES ANG NO- FOURNO, Grantor
STATE OF WASHINGTON)
)ss.
COUNTY OF SNOHOMISH)
On this day personally appeared before me Ines Angiono - Fourno to me known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
to me that she signed the same as her free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this day of � 2001.
J. #go `
i
o N� Y �� ; N TARYPUBL inandfbrtheSta a of
PUBLI Q ' Washington, residing at
19 My commission expires: q -19 - O
was
Covenant Regarding
Future Development - 2
Exhibit . 9
(Legal Description - Fourno/Edmonds Covenant)
Lot 8, Highland Park, according to the Plat thereof recorded in Volume
23 of Plats, page 76, Recbrds of Snohomish County, Washington,
subject to: All easements, restrictions, reservations and agreements of
record, if any.
Affidavit of Publication
STATE OF WASHINGTON, 1
COUNTY OF SNOHOMISH, Jr
MM F
ORDINAN E
ofthe Ity� The undersigned, being first duly sworn on oath deposes and says
Washington
On the 26th day of June, 2001,
C
the City Council of the City of that she is Principal Clerk of THE HERALD, a daily newspaper
Edmonds, passed Ordinance No.
3368. A summary of the content printed and published in the City of Everett, County of Snohomish,
of said ordinance, consisting of
tnetnle,�rovdesasfoliows: and State of Washington; that said newspaper is a newspaper of
AN OR OF THE CITY
OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL g eneral circulation in said County and State; that said newspaper
ZONING MAP CHANGE THE has been approved as a legal newspaper by order of the Superior
ZONING DESIGNATION OF
CERTAIN REAL PROPERTY Court of Snohomish County and that the notice ......... ...............................
COMMONLY KNOWN AS THE
FOURNO REZONE, FILE NO.
1..2001-31 FROM RG EX RM- Summary f Ordinance X63368
TIOAUTHORIZING CONCOMITANT y
T10N OF A CONCOMITANT 1
ZONING AGREEMENT, AND
FIXING A TIME WHEN THE City of Edmonds
SAME SHALL' BECOME y
EFFECTIVE. ................................................................. ...............................
E�hibi
(Leggal e�scription -
Foumo/Edmonds Covenant)
Lot8, Highland Park, according r ..................................................................................................
to the Plat thereof recorded in
Volume 23 of Plats, page 76, a printed copy of which is hereunto attached, was published in said
Records of Snohomish County,
Washington, subject to: All ease. newspaper proper and not in supplement form, in the regular and
merits, restrictions, reservations
and agreements of record, if any.
The full text of this Ordinance entire edition of said paper on the following days and times, namely:
will be mailed upon request.
DATED this 27th day of
June, 2001.
CITY CLERK, July 13, 2001
.
SANDRA S. CHASE ................................... ............................... .......... ...............................
Published: July 13, 2001.
- \ ..................
4d that sai ne aper was re jar y distribut d to its su scribers
of said perio .
. . . .. .......................... ............................... < .... _......_.
Subscribed and sworn to bef 13th
me this ............................
July ...........1 20.01...
(,,�daof ............... ............................... .
......... ......... ...
. ...............................
Notary Public In and for he Sta a of Washington.
residing at�>re1 mish ounty.
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RECEIVED
J U L 1 9 2001
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EDMONDS CITY CLERK