Loading...
Resolution 496PLANNING C%1MISSSON RESOLUTION NO. 496 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO THE OFFICIAN ZONING MAP OF THE CITY OF EDMONDS TO REZONE FROM RS-6 (SINGLE FAMILY RESIDENTIAL) TO RMH (MULTIPLE RESIDENTIAL, HIGH DENSITY) WITH CERTAIN RESTRICTIONS AND CONDITIONS AS SET FORTH IN THE CONTRACT, THAT CERTAIN PROPERTY DESCRIBED IN PLANNING COMMISSION FILE NO. R-8-7S. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment to the Offician Zoning Map of said City to redesignate certain real property from Residential Single Family to Multiple Residential, High Density, subject to certain conditions and restrictions, and WHEREAS, the land uses permitted on the property abutting the proposed rezone to the west are substantially different, and WHEREAS, the development of the properties to the west as permitted would not be compatible with the neighborhood to the east, particularly along Holly Drive, and WHEREAS, the limitations and requirements imposed as a condition of rezoning the subject property provides for a transition between disimilar permitted uses, and WHEREAS, the limitations imposed on properties to the west and in the same ownership as the proposed rezone property would be more compatible with the adjoining residential property than the uses and limitations presently permitted, and WHEREAS, having made findings set forth in "Exhibit A", the Planning Commission determined that the real property described in "Exhibit B" attached hereto, subject to conditions and restrictions set forth in the contract attached as "Exhibit D" should be redesignated; now therefore, BE IT RESOLVED that recommendation be and the same is hereby made to the City Council of the City of Edmonds, that the proposed amendment be approved. DATED as of the day of January, 1976. File No: R-8-76. Applicant: Hearing Date: cmliia,, EUmonds Planning Commission 1;7n:sd P.C. Resolution #496 "F.XHTRTT All The Planning Commission, in public hearing on December 10, 1975, established the following findings: 1. That for consideration of rezoning the property described in "Exhibit B" to Residential Multifamily High -density (RMH) the following conditions shall be imposed: a. Vehicular and pedestrian access to the property described in Exhibit B and Exhibit C shall be from Fifth Avenue exclusively, except a controlled access from Holly Drive shall be provided for emergency vehicles only. b. The covered access to the north of the building as proposed is to be eight and one-half to nine feet clearance underneath to permit passage of fire and garbage trucks. C. There is to be a hedge or decorative screen along the south side of Holly Drive and the property described in Exhibit B & Exhibit C to inhibit parking along Holly Drive and to inhibit pedestrian access from that street. d. The property zoned BC described in "Exhibit C" is to be used exclusively for RM permitted uses as described in the zoning code. e. The applicant agrees not to apply for extension of the RM uses on the property to the east of that described in "Exhibit B". f. The applicant agrees to construct a masonry wall along the said east and south boundary of the property described in "Exhibit B" beginning at the southeast corner and extending not 'less than 40 feet to the north and 20 feet to the west. g. The property described in "Exhibit B" is to be used for parking exclusively. OR : Legal description for the property proposed for the rezone from RS 6 to RMH. Section 25 Township 27 Range 3 The east 55 feet of the west 220 feet of the north 174 feet of the south 231 feet of the north one half of the northwest one quarter of the northwest one quarter of the northwest one quarter of saU section. "FX14TRTT C." Legal description of that portion of the property owned by the applicant zoned BC. Section 25 Township 27 Range 3 east the east 135 feet of the west 165 feet of the north 149 feet of the south 206 feet of the northwest half of the northwest quarter of the northwest quarter of the northwest quarter of said section. P,C. RESOLUTION #496 "EXHIBIT D" AGREEMENT AND COVENANTS THIS IS AN AGREEMENT AND COVENANTS between Edmonds Foods Inc., a Washington corporation, hereinafter referred to as "Owner" and the CITY OF EDMONDS, a municipal corp- oration, hereinafter referred to as "Edmonds." WITNESSETH: WHEREAS, the Owner has ownership of certain land de- scribed as follows: "EXHIBIT B" Legal description for the property proposed for the rezone from RS 6 to RMH. Section 25 Township 27 Range 3 The east 55 feet of the west 220 feet of the north 174 feet of the south 231 feet of the north one half of the northwest one quarter of the northwest one quarter of the northwest one quarter of the section. "EXHIBIT C" Legal description of that portion of the property owned by the applicant zoned BC. Section 25 Township 27 Range 3 east the east 135 feet of the west 165 feet of the north 149 feet of the south 206 feet of the northwest half of the northwest quarter of the northwest quarter of the northwest quarter of the section. which is situate in the City of Edmonds, Washington, and WHEREAS, the owner has made application to Edmonds for a rezone from residential single family to Multiple Residential, High Density (RMH), and WHEREAS, the Owner has offered to tender Edmonds this Agreement and Covenants respecting limitations relative to the property within Owner's ownership, and WHEREAS, the covenants of the Agreement and Covenants are intended to constitute a basis for rezoning the property as set forth.herin and are intended to be in effect from the effective date of such rezone, and WHEREAS, the use of the subject property will have a substantial relation to the people, land and resources, health, welfare, safety and morals of Edmonds, and Owner recognizes a need for control and cooperation in securing the proper development of the property to be compatible with the surrounding uses, now, therefore, IT IS HEREBY AGREED AS FOLLOWS: (1) This Agreement and Covenants is tendered to Edmonds by Owner, and accepted by Edmonds, and all parties agree it is applicable to the parties to this Agreement, their heirs, successors and assigns, both as to duties and benefits. Owner agrees that this Agreement shall be specifically enforceable by Edmonds in equity. (2) Edmonds shall be under no obligation to issue Owner or its successors or assigns a building permit for improvements or expansion upon any of the property of Owner unless such improvements comply with the terms hereof and the applicable ordinances at the time of any applica- tion for building permit. 2 (3) This Agreement and each part of it shall be considered covenants running with the land covered hereby, and shall be binding upon the successors and assigns of Owner, and shall be recorded with the Snohomish County Auditor in the Grantor -Grantee Index with Owner being listed as Grantor and the City of Edmonds as Grantee and all costs of such recordation shall be paid by Owner. Payment of said costs shall be a condition precedent::to Owner's exercising any rights under the terms of this Agreement. (4) The property owned by Owner which is subject to said covenants is legally described as follows, all situate in the City of Edmonds, Snohomish County, State of Washing- ton: "EXHIBIT B" Legal description for the property proposed for the rezone from AS 6 to RMH. Section 25 Township 27 Rangge 3 The east 55 feet of the west 220 feet of the north 174 feet of the south 231 feet of the north one half of the northwest one quarter of the northwest one quarter of the northwest one quarter of the said section. "EXHIBIT C" Legal description of that portion of the property owned by the applicant zoned BC. Section 25 Township 27 Range 3 east of the east 135 feet of the west 165 feet of the north 149 feet of the south 206 feet of the northwest half of the northwest quarter of the northwest quarter of the said section. 61 (5) This Agreement and Covenants is conditioned upon said legally described property being rezoned from single family to Multiple Residential, High Density (RMH). (6) That for consideration of rezoning the property described in "Exhibit B" to Residential Multifamily High - density (RMH) the following conditions shall be imposed: a. Vehicular and pedestrian access to the property described in Exhibit B and Exhibit C shall be from Fifth Avenue exclusively, except a controlled access from Holly Drive shall be provided for emergency vehicles only. b. The covered access to the north of the building as proposed is to be eight and one-half to nine feet clearance underneath to permit passage of fire and garbage trucks. c. There is to be a hedge or decorative screen along the south side of Holly Drive and the property described in Exhibit B & Exhibit C to inhibit parking along Holly Drive and to inhibit pedestrian access from that street. d. The property zoned BC described in "Exhibit C" is to be used exclusively for RM per- mitted uses as described in the zoning code. e. The applicant agrees not to apply for ex- tension of the RM uses on the property to the east of that described in "Exhibit B". f. The applicant agrees to construct a masonry wall or fence, whichever adjoining property Owner wishes, along the said east and south boundary of the property described in "Exhibit B," beginning at the southeast corner and extending not less than 4.0 feet to the north and 20 feet to the west. g. The property described in "Exhibit B" is to be used for parking exclusively. (7) That in the event Edmonds must bring suit to enforce any of the provisions of this Agreement and Coven- ants. Owners agree on behalf of themselves, their heirs, executors, and assigns to pay all costs of said litigation to Edmonds, together with a sum as and for reasonable attorneys' fees. (8) No applications shall be made by Owner or its successors or assigns to amend this Agreement and Covenants for a period of two (2) years from the date of this Agreement. Thereafter, either Owner or it.,; iuccessors or ELSsigns or Edmonds may upon an application f.i.leci in the same manner as a rezone application, apply to amend or terminate the provisions and covenants of this Agreement or to change the zoning on said property. Said application to change or terminate the provisions and covenants or to rezone said prop(-�rty shall, as atorestated, be Beard in r the normal manner at appropriate public hearings as any other application for a .rezone of property in the City of. Edmonds. I J IN WITNESS WHL-aEOF the parties have execu u-ad this Agreement and Covenants this day of 1976. OW NEH EDMONDS FOODS -L: C PRESIDENT CITY OF EDMONDS MAYOR ATTEST: STATE OF WASHINGTON) Ss. CITY CLERK COUNTY OF SN0HOMISH) On this day of ,1976, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared William L. Unwin, President of Edmonds Foods Inc, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year in this certificate ab©ve written. Notary Public in and for the State of Washington residing at N. • _�— . _ �r�:,^ ur-, _ - - 'y .. -�"- .,ram. .�:,:.': Y.� ff ^�`�•� ,,'+���y+cxd• r war^ ...�' �� ^ • ..r'- - • .. _ � .-�:.,;..• .. ..r.ti • ';i:�r ��r '��R'w pe;^: 1 71, I . ',E AND -ADDRESS - s LEGAL DESCRIP ION ofrr t! ^r� -v `,•# lrM,.OMIT'ROLL' �:.,:TAXAMOUN - T<<L�_• .+:. E } ^� 1 R(-, F 03— i r� YEAR YEAR :rr •a;^.:,,- �QNs.-�q, . ' _F+1 E 55FT CJF- k Z2i:` rF.J. • ' -8520 S ?.31F'T OF N1/2 NWI./4 I a AND ADDRESS 117592—bb LEGAL DESCRIPTION - 's � OMIi`Rti;IL _ f � .'s lrac \fit` :,rc 25 ::(, �7 3; � A UNT._ E 1 s 5 F r c� F ►� 7. 6 5 FT • r� r ra x t; C F, a,/ .. � �,• � t, Si t� OF S 206FT OF N1/2 Nh:41/4-)"'Itr'�/�fwlll";� r .f % Je' f.-'^" `'n ff' �dr�7]4't`..+���•Cs.{ �• i' � .�---�;:� �, �+. + - A' • N r V. —e•-r.nY"YJ�'aL^.1^^"�yr�'•'"+r".�..•..:....+s.y��-�;na..�.rcw�.w""'r+.;;�"'7'=''";"4'-r+'.•'"""p'�vr.-�-r.:.r...ry.�.;,,..:ti:•_;r.•o-,•Y......,�.........,_-.•,��:.:...', y.;_,_,_ ..,...-�..;,,o-•.:r+;.•... �; - - • stir ` . ..