Ordinance 34220006.900.000
WSS /amg
09/26/02
ORDINANCE NO. 3422
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE REZONE OF PROPERTY
LOCATED EAST OF 515 -5TH AVENUE SOUTH, PURSUANT
TO FILE NO. R- 2002 -101, AUTHORIZING AMENDMENT OF
THE CITY ZONING MAP, APPROVING AND ACCEPTING A
CONCOMITANT ZONING AGREEMENT AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, A.D. Shapiro Architects has applied to rezone certain vacant and real
property located east of 515 -5th Avenue South and fronting on Holly Drive'from residential (RS-
6) to business commercial (BC) pursuant to File No. R- 2002 -101; and
WHEREAS, the City's Planning Board recommended approval of such rezone
application in Findings, Conclusions and Recommendations dated July 26, 2002; and
WHEREAS, the Applicant has voluntarily submitted a Contract Rezone
Agreement to limit the uses under which the property may be developed pursuant to such a
rezone and, after hearing Council comment, offered to clarify document to the City Council; and
WHEREAS, the City Council finds the rezone -as limited by the Agreement to be
in the public interest and consistent with its Comprehensive Plan and the rezone criteria
contained in the Edmonds Community Development Code; and
WHEREAS, as the basis for its conclusions, the City Council adopts the
recommendations of its Planning Board, incorporating by reference as fully as if herein set forth,
the Planning Board's Findings, Conclusions and Recommendations of July 26, 2002, NOW,
THEREFORE,
{WSS527264.DOC;1/00006.900000/1 - 1 -
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Certain real property located east of 515 -5th Avenue South on Holly
Drive within the City of Edmonds containing approximately 6,000 square feet is hereby rezoned
from Single Family Residential (RS -6) to Community Business (BC). This approval is expressly
subject to the adoption and acceptance of a Contract Rezone Agreement. The planning director
is hereby authorized to amend the City's zoning map to reflect such change. The legal
description of the property is described in the file and in the Contract Rezone Agreement
approved in Paragraph 2 hereof.
Section 2. A concomitant rezone agreement, entitled Contract Rezone
Agreement, attached hereto as Exhibit A and incorporated in full as fully as if herein set forth, is
hereby adopted and approved for acceptance and recording by the city clerk. The approval set
forth in Section 1 of this ordinance is expressly conditioned upon the execution and submittal of
the signed Contract Rezone Agreement in the form set forth in Exhibit A and binding the
property described as Parcel A therein.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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:
MA,hOR �ARYHAAKENSON
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ATTEST /AUTHENTICATED:
'4L4441 Cede.
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CIq ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 09/27/2002
PASSED BY THE CITY COUNCIL: 10/01/2002
PUBLISHED: 10/06/2002
EFFECTIVE DATE: 10/11/2002
ORDINANCE NO. 3422
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SUMMARY OF ORDINANCE NO. 3422
of the City of Edmonds, Washington
On the 1St day of October, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3422. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE
REZONE OF PROPERTY LOCATED EAST OF 515 -5TH AVENUE SOUTH, PURSUANT TO
FILE NO. R- 2002 -101, AUTHORIZING AMENDMENT OF THE CITY ZONING MAP,
APPROVING AND ACCEPTING 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 2nd day of October, 2002.
CITY CLERK, SANDRA S. CHASE
{WSS527264.DOC;1/00006.900000/} - 4 -
Filed for record at the request of:
The City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title: Contract Rezone Agreement
Grantor: Fifth Avenue Development, LLC
Grantee: The City of Edmonds
Legal Description: Ptn. Sec. 25, Twn 27, R 3
Assessor's Property Tax Parcel /Account Number(s):
27032500207600 and 27032500217000
CONTRACT REZONE AGREEMENT
THIS AGREEMENT is made and entered into this day of October 2002
by Fifth Avenue Development, LLC ( "Owner ").
WHEREAS, the Owner owns the real property located at 515 - 5th Avenue
South, Edmonds, Washington ( "the Property ") which is legally described as follows:
Parcel A:
Those portions of Section 25, Township 27, Range 3 located in
Snohomish County Washington and being more particularly
described as follows: Rt 9, beginning at the northwest quarter
corner of said section; thence east 220 feet; thence south 99 feet,
thence west 220 feet; thence north 99 feet to the point of beginning;
less the east 73 feet thereof.
Tax Parcel ID # 27032500207600
CONTRACT REZONE AGREEMENT — Page I of 5
Parcel B:
The East 61 feet of the West 208 feet of the north 99 feet of the
northwest quarter of the northwest quarter of said section 25.
Tax Parcel ID # 27032500217000
WHEREAS, the Owner has applied to the City of Edmonds for a Contract
Rezone of Parcel B from Single Family Residential (RS -6) to Business Commercial
(BC), under file number R- 2002 -101. The contract rezone is intended to allow for
construction of an underground parking structure on Parcel B to serve a mixed -use
structure to be built primarily on Parcel A ( "the Building "); and
WHEREAS, the City of Edmonds has found that requested rezone is in the
public interest, provided that development of the Property is planned and
implemented in accordance with certain standards, conditions, and requirements
which shall be documented herein and which are considered to be an integral part of
the zoning restrictions applicable to Parcel A and the Property.
NOW, THEREFORE, as a condition and requirement of the rezoning of Parcel
B, the Owner enters into this Agreement with the City of Edmonds, and the Owner
covenants and agrees as follows:
1. PERMITTED USE: The Property shall be used only for Business Commercial
use. Specifically, Parcel B shall be primarily used for an underground parking
structure to serve the Building. The following restrictive terms, conditions, and
covenants shall apply to the Property:
a. BC Development Only. Development of the Property shall be consistent
with a duly approved business commercial application.
b. Lower of 2 Possible Height Restrictions. The maximum height permitted
for the Building on the Property shall be as permitted in either (a) the BC zone
and as measured from an average grade of the Property according to the City
of Edmonds Community Development requirements or (b) the height to which
a single family residence could have been built in the RS -6 zone for Parcel B,
whichever is less.
c. Dedicated Open Space. For purposes of this Agreement, "Open Space"
shall mean that portion of Parcel B as defined herein. The Owner will provide
and maintain open space measuring the entire north /south depth of Parcel B
and 45 feet or more from the east property boundary line of Parcel B. Other
than a below grade parking garage, no other commercial building or structure
or residential building will be constructed on this open space. No parking or
CONTRACT REZONE AGREEMENT — Page 2 of 5
storage of any vehicles, trailers, or other similar property shall be allowed or
permitted above grade on this open space.
d. Landscaping of Dedicated Open Space. The Owner will design and
install landscaping in the open space area that will comply with all applicable
codes and other requirements imposed by the City of Edmonds. Grading of
the open space of Parcel B will begin at the current level where Parcel B
meets Holly Street and where Parcel B meets the property to the east. The
design and installation of the landscaping and any grading will be such that
individuals may use the open space for passive recreational uses (e.g.,
gazebo, lawn, sitting benches or areas, flower garden, etc.) and will
aesthetically be a `park -like' environment.
2. ACCESS: There shall be no access roads to Parcel B of the Property. In
addition, no vehicle access to or from the underground parking garage shall exist to
the south. In other words, there shall be no garage access to or from Holly Street.
3. PARKING: Only "below grade" parking shall be constructed on the Property.
No parking or storage of any vehicles, trailers, or other similar property shall be
allowed or permitted in the open space on Parcel B.
4. DEDICATED OPEN SPACE: As detailed above, the Owner will permit and
maintain 45 feet or more of open space between the Building and the single family
residence to the east.
5. SITE PLAN REVIEW: A Site Plan for all 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 a 45 -foot or greater open space between
the Building and the east property line of Parcel B.
6. LEGAL REQUIREMENTS: The Owner and his heirs, successors and assigns,
shall comply with all City ordinances and regulations applicable to the development
and use of the Property, and nothing herein shall be construed as superseding said
ordinances and regulations.
7. RECORDING: This Agreement shall be filed in the records of the Snohomish
County Auditor for the purpose of subjecting the Property to the restrictions,
conditions, and limitations herein set forth which are intended to and 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, its heirs, successors, and assigns. All
recording costs shall be paid by the Owner.
8. ENFORCEMENT: Any violation of this Agreement by the Owner, its heirs,
successors or assigns, shall be considered a violation of the City of Edmonds
CONTRACT REZONE AGREEMENT — Page 3 of 5
Municipal Code and shall be subject to all applicable penalties. In addition to said
remedies, the City of Edmonds may also elect to bring such action or actions to
specifically enforce performance of this Agreement.
9. CONSTRUCTION OF AGREEMENT: This Agreement is concomitant with the
action of the Edmonds City Council rezoning of Parcel B to the Business Commercial
Classification. Nothing herein shall be construed as being agreed to in consideration
for said rezone, nor does the City relinquish its legislative power with respect to said
rezone in consideration for this Agreement.
10. - EFFECTIVE DATE / EXPIRATION DATE: This Agreement shall become
effective upon final approval by the City Council of the City of Edmonds of the rezone
of Parcel B to the Business Commercial Classification. If, within 2 years from the
effective date of this Agreement, the Owner has not obtained the permits and other
necessary approvals to construct the Building or otherwise develop the Property,
then the terms, conditions, and covenants of this Agreement shall lapse and Parcel B
shall remain zoned RS-6. If, however, such permits or other approvals are obtained
within the 2 years, then the terms, conditions, and covenants of the rezone of Parcel
B shall remain in full force and effect, and shall continue to run with the land. The
Owner shall not request or otherwise seek any amendment or material modification
of this Agreement for a period of five (5) years from the effective date.
IN WITNESS WHEREOF, the Owner has caused these presents to be
executed on the date and year first above written.
FIFTH AVENUE DEVELOPMENT, LLC
rC
by Robert R. Gregg, Manager
CONTRACT REZONE AGREEMENT — Page 4 of 5
STATE OF WASHINGTON )
: ss.
COUNTY OF SNOHOMISH
I hereby certify that I know or have satisfactory evidence that Robert R. Gregg signed
this instrument as Manager of Fifth Avenue Development, LLC, and acknowledged it to be his
free and voluntary act for the uses and purposes therein mentioned.
R
�'oN
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v
0 NOTARY hrn �:
i PUBLIC
ovW
day of October 2002.
NOTARY PUBLIC in and for the State of Washington
residing at `e— C/vgz' -V �Z/ aj/'5�
My commission expires
ACCEPTED BY THE CITY OF EDMONDS:
OW
By _ ) &-5t4&
CITY ATTORNEY
C:%GfQGregg - 5th Avenue Development \Rezone Contraot.doc
CONTRACT REZONE AGREEMENT — Page 5 of S
ATTEST:
Affidavit of Publication
STATE OF WASHINGTON, i
COUNTY OF SNOHOMISH f
S.S.
SUMMARY OF ORDINANCE_NO. 3422
of the ity o demon"$. ashmg'on
On the 1st day of October, 2002, the City Council of the
City of Edmonds, passed Ordinance No. 3422. A
summary of the content of said ordinance, consisting of
the title. provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS.
The undersigned, being first duly sworn on oath deposes and says that she is
.
WASHINGTON, APPROVING THE REZONE OF
PROPERTY LOCATED EAST OF 515 -5TH AVENUE
Principal Clerk of THE HERALD a daily newspaper printed and published
SOUTH. PURSUANT TO FILE NO. R -2002 -101.
AUTHORIZING AMENDMENT OF THE CITY ZONING
MAP, AND
in the City of Everett, County of Snohomish, and State of Washington; that
CONCOM TAP TOZONING AGREEMENTEAND FIXING
A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
said newspaper is a newspaper of general circulation in said County and
The full text of this ordinance will be mailed upon
-
request.
DATED this 2nd day of October.
State; that said newspaper has been approved as a legal newspaper by order
CITY SANDRA S. CHASE
Published: October 6.002.
- --
of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3422
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-
October 6, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Principal Clerk
Subscribed and sworn to before me this 7th
day of October, 2002
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