Ordinance 35530006.90000
WSS /gjz
4/8/05
ORDINANCE NO. 3553
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE REZONE OF CERTAIN
REAL PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF 76TH AVENUE WEST AND 219TH STREET SW
FROM MULTI - FAMILY RESIDENTIAL (RM -2.4) TO
GENERAL COMMERCIAL (CG -2) IN ACCORDANCE WITH
FILE NO. R- 2004 -129 AND ADB- 2004 -132; APPROVING A
CONCOMITANT ZONING AGREEMENT LIMITING THE
RIGHTS GRANTED BY SUCH REZONE, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has received the favorable recommendation of its
Planning Board regarding the proposed contract rezone of certain property described in File No.
R- 2004 -129 from Multi- Family Residential (RM -2.4) to General Commercial (CG -2),
WHEREAS, the applicant has voluntarily proposed to limit the use of the
property in accordance with the contract in satisfaction of the criteria established for review of
rezones by the City's development regulations, and
WHEREAS, based upon and adopting the findings and recommendations of the
City's Planning Board, the City Council finds that the proposed rezone, as limited by contract,
satisfies the provisions of the City's Development Regulations and be in conformance with the
City's Comprehensive Plan, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Certain real property described on the attached Exhibit A and
incorporated by this reference as fully as if herein set forth, and shown in File No. R- 2004 -129 is
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hereby rezoned from Multi - Family Residential (RM -2.4) to General Commercial (CG -2) subject
to the limitations contained in a concomitant zoning agreement, separately approved herein.
Section 2. A concomitant zoning agreement attached hereto as Exhibit B and
incorporated by this reference as fully as if herein set forth, is hereby approved. The rezone
action referenced in Section 1 is approved contingent upon the execution of this agreement and
its recording in the records of Snohomish County, Washington. In the event that the agreement
is not executed in the form approved and recorded as provided herein, this ordinance shall be
void.
Section 3. The Development Services Director is hereby authorized to amend the
City's zoning map to show the rezone of the subject site.
Section 4. 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:
MAY G HAAKENSON
ATTEST /AUTHENTICATED:
`CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT Y A EY:
BY
W. SCOTT SNYDER
{WSS597078.DOC;1/00006.900000/1 - 2 -
FILED WITH THE CITY CLERK: 06/17/2005
PASSED BY THE CITY COUNCIL: 06/21/2005
PUBLISHED: 06/26/2005
EFFECTIVE DATE: 07/01/2005
ORDINANCE NO. 3553
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SUMMARY OF ORDINANCE NO. 3553
of the City of Edmonds, Washington
On the 21St day of June, 2005, the City Council of the City of Edmonds, passed
Ordinance No. 3553. 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 CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF 76TH AVENUE WEST AND 219TH STREET SW FROM MULTI- FAMILY
RESIDENTIAL (RM -2.4) TO GENERAL COMMERCIAL (CG -2) IN ACCORDANCE WITH
FILE NO. R- 2004 -129 AND ADB- 2004 -132; APPROVING A CONCOMITANT ZONING
AGREEMENT LIMITING THE RIGHTS GRANTED BY SUCH REZONE, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 22"d day of June, 2005.
A '/ e��
CITY CLERK, SANDRA S. CHASE
IWSS597078.DOC;1/00006.900000/1 - 4 -
Mastgech, LLC, Legal Description
Lot 3, Block 2, Pine -land Addition, Re -Plat of portion of tracts 42. and 43, Solner's
Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats,
Pages 50 and 51, Records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
And
Parcel A:
Lots 2 and 3, Block 1, and Lots 1, 2, 4 and 5, Block 2, Pine -Land Addition,
According to the Plat thereof recorded in volume 13 of Plats, Page 50, Records
of Snohomish County, Washington.
Parcel B:
Lots 1, 3, 4 and 5, Willers Addition According to the Plat Thereof recorded in
volume 14 of Plats, Pages 13 and 14, Records of Snohomish County,
Washington.
Except that portion of Lots 3, 4 and 5 conveyed to the City of Edmonds, a
Municipal Corporation by deed recorded under Auditor's File No. 9303020184.
Situate in the county of Snohomish, State of Washington.
EXHIBIT A
When Recorded Return to:
City of Edmonds
121— 5h Avenue North
Edmonds, WA 98020
Document Title: Contract Rezone
Reference No.
Grantor(s): 9AMV &L-
Grantee(s): City of Edmonds
Legal Description:
(See Exhibit A for Complete Legal Description)
Assessor's Parcel #:
COVENANT REGARDING USE AND FUTURE DEVELOPMENT
(CONTRACT REZONE)
WHEREAS, Mastech L.L.C. ( "Grantor ") is the owner of the real property described in Exhibit A
attached hereto (the "Property"), and
WHEREAS, the City of Edmonds is a municipal corporation ( "Grantee "), within the boundaries
of which the Property is located, and
WHEREAS, the Grantor has applied for a rezone of the Property from RM -2.4 to CG2 as
described in Exhibit A, on the condition that the future development of the Property is restricted in the
manner set forth in Section 2 below, and the Grantor is desirous of restricting the future development of
the Property and obtaining the rezone referred to herein, the Grantor does hereby covenant and agree as
follows:
1. Consideration. This agreement is made as an inducement to the City of Edmonds to
approve the rezone referred to above and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
2. Future Development Restricted. Any future use, development, modification or
improvement of the Property shall be subject to the restrictions of the CG2 zone on the Property as
described in Exhibit A and subject to and consistent with the additional use restrictions and the provisions
of the Site Plan as presented to the Edmonds City Council as Exhibit 1 and Exhibit 2 respectively in
Agenda Memo T on AW-At. S , 200 (the "Site Plan ") provided, however, that these
limitations may be modified, repealed, or otherwise left in accordance with the provisions of Section 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 Property under the ordinances in effect
at the time such application is made to the City of Edmonds. Grantor covenants that it shall not initiate a
rezone request or attempt to terminate or amend this covenant within five (5) years from its effective date;
provided, however, that this shall not preclude the City from initiating a rezone of the Property nor shall it
preclude the Grantor from initiating a revision to the Site Plan in said time period.
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, its heirs, executors and assigns forever.
5. Effective Date. This covenant shall be effective on the later of the date this Covenant is
executed by the Grantor or the date this Covenant is accepted by the Grantee.
GRANTO
By: tAP --5 i G)!ECW L,(- C
Its: 'b ae-� t�•wv f3�t^`
Date: %N._
ACCEPTED BY GRANTEE
CITY OF EDMONDS
A Washington Municipal Corporation
By: 4,11A� —
Its: kA a /L
Date: f - Z4 o
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that , Feu is /are the person(s) who
appeared before me, and said person(s) acknowledged that HE /SHE /THEY signed this instrument and
acknowledged it to be HISMER/THEIR free and voluntary act for the uses and purposes mentioned in the
instrument.
DATED this { day of) ND
�10N��i't��i4
giNpTgRy �:� ��
Cl) (Legibly print name of notary)
NOTARY PUBLIC in and for the State of
i J�1BU C
N;A s�� .0 s" Washington, residing at 9DYri0t -MS, 1NA
�i0444' p ry;...... �G�� My commission expires 1 i (p q ��
P
yIt. WAS�''�
Mastgech, LLC, Legal Description
Lot 3, Block 2, Pine -land Addition, Re -Plat of portion of tracts 42 and 43, Solner's
Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats,
Pages 50 and 51, Records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
And
Parcel A:
Lots 2 and. 3, Block 1, and Lots 1, 2, 4 and 5, Block 2, Pirie -Land Addition,
According to the Plat thereof recorded in volume 13 of Plats, Page 50, Records
of Snohomish County, Washington.
Parcel B:
Lots 1, 3,.4 and 5, Willers Addition According to the Plat Thereof recorded in
volume 14 of Plats, Pages 13 and 14, Records of Snohomish County,
Washington.
Except that portion of Lots 3, 4 and 5 conveyed to the City of Edmonds, a
Municipal Corporation by deed recorded under Auditor's File No. 9303020184.
Situate in the county of Snohomish, State of Washington.
EXHIBIT A
EXHIBIT 1
List of Permitted Uses and Site Development Exceptions — CG2 Rezone Contract
A. Permitted Primary Uses.
1. All permitted or conditional uses in any other zone in this title, except as
specifically prohibited by subsection C of this section;
B. Permitted Secondary Uses.
1. Off - street parking and loading areas to serve a permitted or conditional use;
C. Prohibited Uses.
1. Sexually oriented businesses;
2. Mobile homes in planned residential developments;
3. Halfway houses;
4. Businesses open to the public between the hours of 11:00 p.m. and 5:00 a.m.;
5. Commercial garages;
6. Trailer and boat sales;
7. Heavy equipment sales and service;
8. Taverns;
9. Auction businesses;
10. Fabrication of light industrial products;
11. Petroleum products storage and distribution;
D. Uses Requiring a Conditional Use Permit.
1. Residential treatment facilities for current alcoholics and drug abusers;
2. Outdoor storage;
3. Community- oriented open air markets conducted as an outdoor operation and
licensed pursuant to provisions in the Edmonds City Code;
4. Aircraft landings as regulated by Chapter 4.80 ECC;
5. Structures exceeding the prescribed height limit, subject to the provisions
contained in ECDC 16.60.030(B);
6. Secondary outdoor service or retail uses secondary to the primary on -site use.
E. Site Development Exceptions.
1. Street Setback Adjustments. Office and medical uses with more than 75% of their
required parking . located understructure may reduce required street setbacks to
five feet when transit and pedestrian oriented design, landscaping and , street
frontage or pedestrian connection improvements are provided;
2. Side and Rear Yard Setback Adjustments. Office and medical uses with more
than 75% of their required parking understructure may reduce required side and rear
yard setbacks adjoining RM zoned property to five feet when a solid barrier at least
six feet high is provided consistent with the provisions of ECDC 20.12.025(B).1;
Affidavit of Publication
STATE OF WASHINGTON, � S.S.
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCE NO. 3553
c t e ity o mon s, Washington
On the 21st day of June, 2005, the City Council of the City
of Edmonds, passed Ordinance No. 3553 A summary of the
content of said ordinance, consisting of the title, provides as
follows:
j AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, APPROVING THE REZONE OF CERTAIN REAL
PROPERTY LOCATED AT THE SOUTHWEST CORNER
OF 76TH AVEUE WEST AND 219TH STE)REET SW FROM TO GENERAL
R-2004-129 Nb A08 IN 2 04CORDAPPROVI APPROVING FA ECON-
COMITANT ZONING AGREEMENT LIMITING THE RIGHTS
GRANTED BY SUCH REZONE, AND FIXING A TIME '
WHEN THE SAME SHALL BECOME EFFECTIVE.
1 The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of June, 2005.
Published: June 26, 2005. CITY CLERK, SANDRA S. CHASE
i
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 No. 3553
City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement forth, in the regular and entire edition of said paper on the following days and
times, namely:
June 26, 2005
and that said newspaper was regularly disttibnted to its subscribers during all of said period.
nnctpa er
Subscribed and sworn to before me this 27th
day of June, 2005 �{ ` ST4/j
Q' �M as NFfi 11�
�o A� O
NOTgRV
Notary Public ' n or the State of Washington, residing at Everett, knoh ish PUBIC
County. NF 8' 17 2
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OF WASH�N
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001302493