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20110915164625742.pdf0006.900.000 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 - 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. - L4=YL:�4�� MA,�OR 5ARY HAAKENSON {WSS527264.DOC;1/00006.900000/1 - 2 - ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY 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 IWSS527264.DOC;1/00006.900000/} -3 - SUMMARY OF ORDINANCE NO. 3422 of the City of Edmonds, Washington On the 1" 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. L�" CITY CLERK, SANDRA S. CHASE {WSS527264.DOC;1/00006.900000/1 - 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 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: 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 The East 61 feet of the West 206 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. . 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. . 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. 6. 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 ®ATE / EXPIRATION ®ATE: 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. % by Robert R. Gregg, na 'OfM CONTRACT REZONE AGREEMENT — Page 4 of 5 STATE OF WASHINGTON ) : ss. COUNTY OF SNOHOMISH ) 1 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. day of October 2002. a r _ s ,r PUBLIC `Print name: i Ji j /ZvS s ArAP NOTARY PUBLIC in and for the State of Washington k�tt® residing at .C�pze-) ej'/ Ge?/-� My commission expires By Y®ru APPROVED AS TO FORM: By CITY ATTORNEY C:\GKlGregg - 5th Avenue DevelopmenhRezone Contract.doc CONTRACT REZONE AGREEMENT — Page 5 of S r�7-ea U10431 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3422 of the City of Edmonds, Washington On the =October, 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 Published: October 6.,P'902. S.S. 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 Snolrornislr 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. Subscribed and sworn to before me this 7th day of October, 2002 Notary Public in and Everett, Snohomish t PS 0 r S 2002 �:' OFT ORK Principal Clerk a QgE3 � �. �� t c�SIO/V ffd A PUBLIC ; c11j 6,19 OPWWANO at