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20110920100652689.pdfi CITY C ZRK CITY OF EDMONDS I HEREBY CERTIFY THIS TO BE A TRUE AND 505 BELL STREET CORRECT COPY OF THE ORIGINAL ON FILE IN EDMONDS, WA 98020 MY OFFICE AS PART OF THE OFFICIAL RECORDS OF THE CITY OF EDMONDS. 0006.15004B WSS/imm/bjsCITY CLERK DATE 1/17/96 .F R: 01/25/96 ORDINANCE NO. 3070 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 510 AND 516 - 4TH AVENUE S. AND 318 HOWELL WAY FROM RS -6 (SINGLE FAMILY RESIDENTIAL — 6,000 SQUARE FEET) TO RM -2.4 (MULTI -FAMILY RESIDENTIAL — 29400 SQUARE FEET); AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at public hearing considered the following amendments to the official zoning map and made findings and recommendations which were forwarded to the City Council, and WHEREAS, the applicants have voluntarily proposed certain limitations on the use of their property which are proposed to run with the land, and WHEREAS, certain of those restrictions are beyond the City's authority to impose pursuant to state and federal law but may — within certain limitations — be imposed as private covenants by the action of the property owner, and WHEREAS, the City Council after a public hearing reviewed the recommendations of the Planing Board and determined that the proposed amendment and agreement should be approved along with adopted findings and conclusions of its Planning Board as amended herein; NOW, THEREFORE, wSS121754.10/F0006.15004B/B0006. voL. 3 19, 5 nu�, 7 6 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The official zoning map of the City of Edmonds as adopted by Section 17.00.010 of the Edmonds Community Development Code, is hereby amended to change the zoning classification of certain property herein after described from RS -6 (single family residential — 6,000 square feet) to RM -2.4 (multi -family residential — 2,400 square feet) subject to a Concomitant Zoning Agreement, attached hereto as Exhibit B, upon execution and recording as provided herein. The legal description of the property rezoned is set forth in the attached Exhibit A, incorporated by this reference as if set forth in full. The City Council specifically notes that the applicant has voluntarily proposed to restrict its usage of the property by prohibiting, among other uses, family day care homes, mini day care facilities, retirement homes and groups of the disabled. The City Council finds that RCW 70.128.175(2) pre-empts the ability of municipalities to prohibit certain elder care facilities in residential neighborhoods and RCW 35A.63.215 pre-empts the City's ability to prohibit day care facilities in single family neighborhoods. Similarly, the Fair Housing Act Amendments 42 USC 3602 et seq. and similar provisions of State law prohibit the City from discriminating against the disabled by prohibiting group homes in residential neighborhoods. The City therefore, while approving the rezone and concomitant agreement, anticipates its enforcement only by lawful private covenants which limit commercial activities and not by the prohibition of otherwise lawful and legally protected facilities for the elderly, children or the disabled. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. WS8121754.10/F0006.15004B/BO006. _— Gam. e% --A r%n. 1. 9 A v n i 2 1 02� P u G F 2 5 Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest to that document entitled: "Concomitant Zoning Agreement — File #R-95-177," attached hereto as Exhibit B and incorporated herein by this reference as if set forth in full. The City Clerk is further directed to record said Concomitant Zoning Agreement with the Snohomish County Auditor as a covenant running with the land. The cost of said recordation shall be paid by the owners. Section 4. Effective Date. This ordinance, being an exercise of the 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 the ordinance or summary thereof consisting of the title. APPROVED: MAYOR BARBARA S. FAHE P�/----� ATTEST/AUTHENTICATED: 7TANDRA S. CHASE, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: .y BY WSS121754.10/F0006.15004B/BO006. ,.�A VOL. 3 13 7PAGCC 2 j FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO, wss121754.1oiroo06.150oasiso006. 3070 1/26/96 2/27/96 3/3/96 3/8/96 VOL. •�� PdGE 5,9 SUBJECT PROPERTY APPLICATION FILE R-95-177 LEGAL DESCRIPTION City Park Addition to Edmonds, Block 001, all of Lots 18, 19, 20, Block 1, according to the Plat thereof recorded in Volume 9 of Plats, Page 10, Records of the Auditor of the County of Snohomish, State of Washington. Tax Account Numbers 4096-001-019-0103 4096-001-019-0202 4096-001-018-0005 VOL' 3135 p uc We�80 CONCOMITANT ZONING AGREEMENT SUBMITTED PURSUANT TO APPLICATION FILE #R-95-177 CITY OF EDMONDS THIS AGREEMENT is made this date between DALE E. HOGGINS, DONNA L. HOGGINS, JAMES RASBAND, ESTER RASBAND, KEN NILSEN, LOIS NILSEN, and ALEX PATRICK, hereinafter referred to as'OWNERS,' and the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as'CITY.' WHEREAS, the CITY of Edmonds, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63.RCW and Article 11, Section 11 of the Washington State Constitution) has the authority to enact laws and enter into agree- ments to promote the health, safety and welfare of its citizens and thereby control the use and development of property within it jurisdiction, and WHEREAS, the OWNERS are OWNERS of certain real property located in the CITY of Edmonds and more particularly described as set forth herein, and WHEREAS, the OWNERS have applied for a change in the zoning classification of the subject property from Single Family Residential - 6,000 square feet (RS -6) to Multi - Family Residential - 2,400 square feet (RM -2.4), and WHEREAS, the CITY has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and its Planning Board, and has fully considered their recommendations made after such review and the said recommendations are found by the CITY Council to be appropriate, and WHEREAS, the OWNERS voluntarily offered to limit the use of the property in the course of proposed development and have fully reviewed this contract incorporating the provisions of their offer of limitations, and von. 3 5 QM WHEREAS, the CITY through its City Attorney have informed by this contract the OWNERS that certain of the limitations which they have 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, THERFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND CONDITIONS HEREAFTER CONTAINED, the OWNERS agrees that, in the event that the CITY reclassifies the property described herein from RS -6 to RM -2.4 and for so long as the property remains so classified, the OWNERS covenant and agree to be bound by the terms, conditions and agreements set forth as follows: 1. OWNERSHIP. OWNERS are owners of certain real property, hereinafter referred to as "Subject Property" situation in the CITY of Edmonds, Washington, 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 exist or may hereafter be amended or recodified, the OWNERS agree to limit use of the subject property in the following respects: 2.1 The site development standards for RM -2.4 zoning shall be met, provided, however, that no more than six (6) residential units shall be permitted instead of the ten (10) currently provided. In the event that the City Ordinance shall at some future date be amended to reduce the number of units which may be constructed on the sit below six (6) and the OWNERS have not vested their rights by fully completed building permit applications, that said new restriction shall apply. 2.2 The primary permitted use of the subject property shall be attached single family dwellings. 64 164 2 VOL �a .� P�,r,L 2.3 Each unit shall have its own parking facility provided on-site. 2.4 Each two -unit attached single family structure or townhouse shall be constructed on a separate lot. 2.5 The maximum permitted height of all structures on the site shall be twenty-five (25) feet and shall be measured and determined in accordance with the rules applicable within the City of Edmonds for single family structures. 2.6 The following uses shall not be permitted on the site: 2.6.1 Community facilities. 2.6.2 Boarding houses and rooming houses. 2.6.3 Bus shops and shelters. 2.7 Recognizing the requirements of state and federal law under provisions such as the Fair Housing Act amendments, 42 USC 3602 et seg., as well as the provisions of RCW 70.128.175(2) and RCW 35A.63.215 and RCW 35.63.240, the OWNERS covenant 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 home for the disabled uses. Nothing herein shall be interpreted to encourage the OWNERS to violate the provisions of the state or federal law nor that the CITY has induced the voluntary commitment of the OWNERS 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 agency under whose jurisdiction such covenants are regulated. In the event that the OWNERS 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. hu U 3 VOL. 3125 3. AMENDMENT. Amendments to this agreement may be made by the OWNERS or the CITY upon application filed in the same manner as a rezone application; provided, however, no application shall be made by the OWNERS or the CITY to amend this agreement for a period of six (6) years from the date of this agreement. Thereafter, either the OWNERS 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 application for the rezone of property in the City of Edmonds. 4. PERMITS. The CITY shall be under no obligation to issue to the OWNERS or their 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 2.7 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 OWNERS, their successors and assigns, and the CITY. This agreement shall be recorded with the Snohomish County Auditor and the Grantor/Grantee Index with the OWNERS being listed as Grantors and the CITY as Grantee. All costs of such recordation shall be paid by the OWNERS. Such recordation and payment of costs shall be a condition precedent to the OWNERS' exercising any rights under the terms of this agreement. � � L i'l -I A 4 VOL 1 3 � Pc,c,E �8 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 OWNERS may, at their 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 whichever 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 7day of R.i , 1996. APPROVED: MAYOR BARBARA S. FAHEY -i "d -h I A'– .A 5 431 41 r.nArC9C-' Cl ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY Ar - DALE E. HOGGINS ESTER RASBAND KEN NILSEN 7 LOS NILSEN ALEX PATRICK STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it as the of the City of Edmonds to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: CITY OF EDMONDS (Signature) Title (Print Name) NOTARY PUBLIC My appointment expires: STATE OF WASHINGTON ) ss. COUNTY OF K4NG- ) 5onhoynb I certify that I know or have satisfactory evidence that Alex Patrick is the person who appeared before me, and said person acknowledged that&she signed this instrument and acknowledged it to beij�her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: I` t A (Signature) (Print Name NOTARY PUBLIC My appointment expires: _ q STATE OF WASHINGTON ) SKGh6In"r:' k ) ss. COUNTY OFKR4 — ) I certify that I know or have satisfactory evidence that Donna L. Hoggins is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED ,�V - i `( - 9 (SSignatu e) 1 / l 'Ar.`C.j.��,,,e C(1f (Print Name) NOTARY PUBLIC My appointment expires: `0 STATE OF WASHINGTON ) '3.,�r 0, "5 k ) ss. COUNTY OF-YsaNF ) I certify that I know or have satisfactory evidence that Dale E. Hoggins is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED:—,,7- - tc( - cl( — (Signature .Y)IIc-'I"(..'")(.1�-- C kn r fcs4 .2Y 1 (Print Name) NOTARY PUBLIC My appointment expires: 6/-- (, ty" STATE OF VhkSiNGTAN ) ) ss. COUNTY O G1 ) I certify that I know or have satisfactory evidence that Ester Rasband is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED HAL J. ALLEN "` 1421 WEST 000: SOUTP OREM, UT b4c-ai r v1T;4-0 STATE OF ) LIC" ) ss. COUNTY OF4aNG ) (Signature) 14-0 L - (Print Name) NOTARY PUBLIC My appointment expires: % 1 1/'JI I certify that I know or have satisfactory evidence that James Rasband is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: 7- ;'S -,q(0 NAL J. ALLEN r;OTARY vt &X • SW of Until i4i WEST M, SOUTR 5E,fT IT 34a5R R Pl L (Signature) (Print Name) NOTARY PUBLIC My appointment expires: �"y' STATE OF WASHINGTON ) ss. COUNTY OF -IUN@ ) I certify that I know or have satisfactory evidence that Lois Nilsen is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED LQ �((Siggn) (Print Name) NOTARY PUBLIC My appointment expires:C-PZ STATE OF WASHINGTON ) ss. COUNTY OF YJNG ) I certify that I know or have satisfactory evidence that Ken Nilsen is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: - (signature) —� (Print Name) NOTARY PUBLIC My appointment expires: �G