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05/21/99
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ORDINANCE NO. 3259
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 403 3RD AVENUE NORTH WITHIN THE CITY OF
EDMONDS, COMMOtNLY KNOWN AS THE HERMAN
REZONE, FILE NO. k48-207 FROM RS -6 (SINGLE FAMILY)
TO RM -3 (MULTI -FAMILY RESIDENTIAL), AUTHORIZING
EXECUTION OF A CONCOMITANT ZONING AGREEMENT
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Planning Board after a public hearing considering the
amendment of the official zoning map of the City has made its findings and recommendations to
approve such rezone, which were forwarded to the City Council; and
WHEREAS, the City Council after a public hearing and its review of the
recommendations of the Planning Board, determines that the proposed amendment and
Concomitant Zoning Agreement should be approved and for its findings and conclusions adopts
the findings and conclusions of its Planning Board, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. The official zoning map of the City is hereby amended to change
the zoning classification of certain real property, located at 403 - 3rd Avenue North, and
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WSS233824.10
consisting of approximately 8,602 square feet (.20 acres) and described in File No. R-98-207,
hereinafter described from RS -6 (single family residential) to RM -3 (multi -family residential),
subject to the execution and recording of a Concomitant Zoning Agreement in substantially the
form shown in Exhibit A hereto. The legal description of the property to be rezoned is set forth
in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. The City Clerk and Planning Director are hereby authorized and
instructed to effectuate the necessary amendments to the official zoning map to 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 "Concomitant Zoning Agreement Submitted Pursuant to Application File
R-98-207, " attached hereto as Exhibit A and incorporated herein by this reference as if set forth
in full. The City Clerk is further directed to record said Agreement with the Snohomish County
Auditor as a covenant running with the land. The cost of such recordation shall be paid by the
applicant property 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.
CITY OF EDMONDS
MAYOR, BARBARA S. FAHEY _ _
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WSS233824.10
ATTEST/AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT TTU CITY TTORNEY:
W. SCOTT SNYDER, CIT TORNEY
FILED WITH THE CITY CLERK: 06/18/99
PASSED BY THE CITY COUNCIL: 06/22/99
PUBLISHED: 06/29/99
EFFECTIVE DATE: 07/04/99
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WSS233824.10
CONCOMITANT ZONING AGREEMENT SUBMITTED
PURSUANT TO APPLICATION FILE R-98-207
CITY OF EDMONDS
THIS AGREEMENT is made this date between Douglas J. Herman, hereinafter referred
to as "Owner" and the City of Edmonds, Washington, hereinafter referred to as "City."
WHEREAS, the City, a non -charter code city under the laws of the State of Washington
(Chapter 35A.63.RCW) and Article II, Section 11 of the Washington State Constitution) has the
authority to enact laws and enter into agreements to promote the health, safety and welfare of its
citizens and thereby control the use and development of property within its jurisdiction, and
WHEREAS, the Owner is owner of certain real property, hereinafter referred to as
"Subject Property" located in the City and more particularly described as set forth herein, and
WHEREAS, the Owner has applied for a change in the zoning classification of the
Subject Property from Single Family Residential - 6,000 sq. ft. (RS -6) to Multi Family
Residential - 3,000 sq. ft. (RM -3), and
WHEREAS, the Owner voluntarily offered to limit the use of the property in the course
of proposed development and has fully reviewed this contract incorporating the provisions of his
offer of limitations, and
WHEREAS, the City, through its City Attorney, has informed by this contract the
Owners that certain of the limitations which he has proposed are beyond the authority of the City
to enforce or require and, in certain instances the property owner, to fully implement, and the
parties' desire to limit such offer and acceptance, only to lawful limitations authorized by state
and federal law,
NOW, THEREFORE, in consideration of the mutual benefits and conditions hereafter
contained, the Owner agrees that, in the event that the City reclassifies the property described
herein from RS -6 to RM -3 and for so long as the property remains so classified, the Owner
covenants and agrees to be bound by the terms, conditions and agreements set forth as follows:
1. Ownership. Owner is the owner of certain real property, hereinafter referred to
as "Subject Property" situated in the City and legally described as set forth in the attached
Exhibit A.
2. Limitation of Use. Notwithstanding any other provision of the Edmonds City
Code and Community Development Code, as the same exists or may hereafter be amended or
recodified, the Owner agrees to limit use of the subject property in the following respects:
2.1 The site development standards for RM -3 zoning shall be met, provided,
however, that no more than two (2) residential units shall be permitted. In the event that the City
1 EXHIBIT A
Ordinance shall at some future date be amended to reduce the number of units which may be
constructed on the site below two (2) in number and the Owner has not vested his rights by fully
completed building permit applications, such changes to city Ordinance shall be applicable to the
subject property and no development right shall be deemed vested by this Agreement.
2.2 The primary permitted use of the Subject Property shall be detached single
family dwellings.
2.3 Parking related to each unit shall be provided on-site.
2.4 Dwelling units constructed on the site shall meet the site development
requirements of the RM zone, as stated in the Edmonds Community Development Code Section
16.30.030 (Site Development Standards).
2.5 The following uses shall not be permitted on site:
2.5.1 Community facilities.
2.5.2 Boarding houses and rooming houses.
2.5.3 Bus stops and shelters.
2.6 Recognizing the requirements of state and federal law under provisions
such as the Fair Housing Act amendments, 42 U.S.C. 3-02 et. seq., as well as the provisions of
RCW 70.128.175(2) and RCW 35A.63.215 and RCW 35.63.240, the Owner covenants in
consultation with the applicable responsible officials of the state and federal government to enact
by restrictive covenant only such limited restrictions on the commercial use of the property as
may lawfully limit the use of the subject property for Family day care home, mini day care
facilities, retirement homes, and group homes for the disabled uses. Nothing herein shall be
interpreted to encourage the Owner to violate the provisions of the state or federal law nor that
the City has induced the voluntary commitment of the Owner to enact limited lawful restrictions.
The parties anticipate that any private covenant imposed upon the Subject Property, which limits
its commercial use shall be developed in consultation with the United States Department of
Housing and Urban Development, and any other state or federal agencies under whose
jurisdiction such covenants are regulated. In the event that the Owner or City are advised by a
state or federal agency with jurisdiction that such provisions are in violation of the law in
writing, this subparagraph 2.7 shall be null and void.
3. Amendment. Amendments to this Agreement may be made by the Owner or the
City upon application filed in the same manner as a rezone application; provided, however., no
application shall be made by the Owner or the City to amend this Agreement for a period of six
(6) years from the date this Agreement is executed. Thereafter, either the Owner or the City
may, upon application, apply to amend or terminate the provisions and covenants of the
Agreement or to change the zoning on the subject property or any portion thereof. Such
application shall be heard in the normal manner at appropriate public hearings as any other
2
application for the rezone of property in the City.
4. Permits, The City shall be under no obligation to issue to the Owner of its/his
successors or assigns building permits, occupancy permits or other permits or approvals for
improvements on or the use of the Subject Property unless such improvements or uses are
consistent with the terms of this Agreement and the applicable City Ordinances at the time of
application for such permits or approval. As noted in Paragraph 2.6 above, certain provisions
are limited by the provisions of state and federal law. Such laws shall be complied with at all
times by the parties.
5. Run with Land. This Agreement, and each part of it, shall be considered a
covenant running with the land covered hereby and shall be binding upon the Owner, its/his
successors and assigns, and the City. This Agreement shall be recorded with the Snohomish
County Auditor and the Grantor/Grantee Index with the Owner being listed as Grantor and the
City as Grantee. All costs of such recordation shall be paid by the Owner. Such recordation and
payment of costs shall be a condition precedent to the Owner exercising any rights under the
terms of this Agreement.
6. Police Powers Unimpaired. Nothing in this Agreement shall be construed to
restrict the authority of the City in the lawful exercise of its police powers.
7. Conflict. In the event any section, paragraph, sentence, term or clause of this
Agreement conflicts with applicable law, such conflicts shall not affect other sections,
paragraphs, sentences, terms or clauses of this Agreement which can be given effect without the
conflicting provision and, to this end, the terms of this Agreement shall be deemed to be
severable.
8. Review on Conflict. In the event any section, paragraph, sentence, term or clause
of this Agreement is found to be in conflict with applicable law, the City shall have the right to
bring the proposed development before the City Council for further review and imposition of
appropriate conditions to assure that the purposes for which this Agreement is entered into are in
fact so accomplished.
9. Remedies. In addition to any remedies provided by law, the City or the Owner
may, at its/his discretion, maintain a lawsuit to compel a specific performance of the terms and
conditions of this Agreement or to otherwise enforce its provisions through injunctive or other
remedies, and which ever party prevails in such action, it shall be entitled to recover all costs of
enforcement, including reasonable attorneys' fees by counsel of the parties' choosing.
DATED this �9 day of •7^iAe , 1999.
3
Barbara S. Fahey, Mayo -
ATTEST:
Sandy C ase, City Clerk
Approved as to form:
City Attorney
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH )
OWNER:
Doug s rman
d-
T
I certify that I know or have satisfactory evidence that DouglasX. Herman is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: /Z L//Vq
"t �`'
NOTARY 9m� /�e
PUBLIC
WSS233992.1AGR/F0006.900000
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NOTARY PUBLIC in and for the
State of Washington, residing
at: E0M0,Vas, W4
My Commission expires: //• 9-0 /
11
-*Mat H - r
Sunset Addition to the City of Edmonds, Block 000 D-00, Lot 19.
Tax Account Number: 5922-000-019-0003
SUMMARY OF ORDINANCE NO. 3259
of the City of Edmonds, Washington
On the 22nd day of June, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3259. 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 CERTAIN REAL PROPERTY LOCATED AT 403 3RD AVENUE
NORTH WITHIN THE CITY OF EDMONDS, COMMONLY KNOWN AS THE HERMAN
REZONE, FILE NO. R-28-207 FROM RS -6 (SINGLE FAMILY) TO RM -3 (MULTI -FAMILY
RESIDENTIAL), AUTHORIZING EXECUTION OF A CONCOMITANT ZONING
AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of June, 1999.
City Clerk, Sandra S. Chase
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WSS233824.10
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
8-2-1
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. 3259
................:............................. ........ I--............. ...................
..........................................................................................._................._..-----...I.......
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:
June 29, 1999
.................................................................................................................................
.................................. ............ ............. ---- ........................... I ..... I.......... ------ ---•-----
and that said newspaper was regularly distributed to its subscribers
during aalll/ of said period. /
1.....'.. �1 �..�............ ------------
Principal Clerk
29th
Subscribed and sworn to before me this ............................
of ..... ---J V4 P.............I---./.... 19....9.9
........................L....r.�.-�.......�;�.�.---......_...� ...........----•-------
Notary Public In and for t e StCt'q1nty.
f Washington,
residing at Everett, Snoh mish
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