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20110921121541061.pdf0006.01038 5/14/87 WSS:imm ORDINANCE NO. 2631 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING PRE -ANNEXATION ZONING OF CG -2 (GENERAL COMMERCIAL) FOR CERTAIN REAL PROPERTY LOCATED ADJACENT AND CONTIGUOUS TO THE CITY OF EDMONDS AT THE SOUTHEAST CORNER OF 212TH STREET S.W. AND 72ND AVENUE WEST IN UNINCORPORATED SNOHOMISH COUNTY; SUBJECT TO AND INCORPORATING THE PROVISIONS OF CONCOMITANT ZONING AGREEMENT OF THE SAME DATE, AUTHORIZING EXECUTION OF SAID CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE FOR SAID PRE -ANNEXATION ZONING. WHEREAS, Planning Board at public hearing, considered- the establishment of pre -annexation zoning as an adjunct to the official zoning map of the City of Edmonds and has made its recommendations and findings which were forwarded to the City Council, and WHEREAS, the City Council after two public hearings reviewed the recommendations of the Planning Board and determined that the proposed amendment and agreement should be approved, NOW THEREFORE, THE CITY COUNCIL 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 by the establishment of pre- annexation zoning in the classification of CG -2 (General Commercial) subject to the provisions of a concomitant zoning agreement executed and recorded as provided herein. The tract of land for which pre -annexation zoning is hereby established is located at the southeast corner of 212th Street S.W. and 72nd Avenue W. in unincorporated Snohomish County and is legally described as Tract 5 of Solner's 5 -acre tract, as recorded in the records of Snohomish County, Washington. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendment to the official zoning map of the City of Edmonds pursuant to this Ordinance to establish and set forth pre -annexation zoning for this tract of land. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest to that certain document entitled, "Agreement and Covenants", 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 concomitant zoning agreement with the Snohomish County Auditor as a covenant running with the land. The cost of such recordation shall be paid by the City. Section 4. This ordinance, being an exercise of the power specifically delegated to the City's legislative body, is not subject to referendum and shall take effect five (5) days after its publication in the City's official newspaper. ATTEST/AUTHENTICATED: TY LERK, JACQUELINE G. PARRETT APPROVED: - 2 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE,.ITY CLERK: May 15, 1987 PASSED BY THE CITY COUNCIL: August 4, 1987 PUBLISHED: August 9, 1987 EFFECTIVE DATE: August 14, 1987 ORDINANCE NO. 2631 — 3 — CONCOMITANT ZONING AGREEMENT THIS AGREEMENT, dated this LOljday of s 1987, between Edmonds Associates ("Associates"), a New Jersey partnership, and the City of Edmonds (the "City"), a municipal corporation organized and existing under the laws of the State of Washington, WITNESSETH: WHEREAS, Associates desires to construct a building supply distribution facility ("Facility") on a parcel of property (the "Property") located in Snohomish County and adjacent to the City on three sides, which parcel is legally described as Tract 5 of Solner's Five Acre Tracts, recorded in Volume 7 of Plats, records of Snohomish County, Washington; and WHEREAS, development of this property requires extension of utility services by the City; and ` WHEREAS, in partial consideration for such utility service, the City desires to consider annexing this property; and WHEREAS, to establish a process for consideration of utilities extension, annexation and concomitant zoning, the City and Associates entered into an Agreement to Extend 6105a 1 Utility Services and Establish Process for Concomitant Zoning and Design Review on March 3, 1987; and WHEREAS, pursuant to that March 3, 1987 agreement, the City has provided a Letter of Intent to provide utility services to Associates; and WHEREAS, Associates desires that on annexation, the Property be zoned to allow outright the development and use contemplated by Associates; and WHEREAS, Associates has made a request for preannexation zoning to zone the property CG2 (General Commercial) upon annexation to the City, and allowing outdoor storage as a permitted use, and allowing a nine -foot fence as a permitted use, and allowing grading work to be carried out under the standards of Snohomish County; and WHEREAS, a SEPA determination of nonsignificance has been issued by the City on the preannexation zoning request; and WHEREAS, the City's Architectural Design Board has reviewed and approved the project design; and WHEREAS, on March 25, 1987, the City's Planning Board has reviewed and approved the Concomitant Zoning Agreement terms proposed by Associates; and WHEREAS, on March 31, 1987 and May 5, 1987, the Edmonds City Council held two hearings on preannexation zoning as required by state law; and 6105a 2 W]IEREAS, following the May 5, 1987, hearing on preannexation zoning, the City Council, upon determining that the proposed zoning classification is in compliance with the Comprehensive Plan of the City and is within and consistent with the public health, safety, morals and general welfare, voted to approve the zoning proposal and 'ed that a concom�'-.::'. i=:y --;- ,- tient be prepared, NOW, THEREFORE, In consideration of the mutual covenants and promises contained herein, and other valuable consideration, receipt of which is hereby acknowledged, the City and Associates do hereby agree as follows: 1. The City shall adopt by ordinance a zoning regulation for the Property pursu:^:nt to RCW 35A.14.330 which shall zone the Property for CG2 (Ge: -_al Commercial) modified to allow (1) outdoor storage permiti:-' outright and not as a conditional use, but subject �', the performance standards of Chapter 17.60.010.H of the Edmonds Community Development Code ("ECDC"), (2) fence height of nine feet permitted outright and not as a conditional use, but subject to the ECDC design criteria; and (3) grading permitted in accordance with the requirements established by Snohmish County. Except as specifically provided herein, the use and development of the Property shall comply with all ordinances of the City of 6105a 3 Edmonds, and specifically, the Edmonds Community Development Code, as the same shall exist upon the date o,f annexation of the Property, or shall thereafter be amended. 2. This Agreement shall be binding upon the parties hereto including the City and its legislative body, notwithstanding any change in the membership in that body, and Associates as owners of the Property, its successors and assigns. 3. This Agreement is specifically enforceable by the City and by Associates, and the City and Associates may institute and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. 4. The partial waiver or waiver by acquiescence by the City or by Associates of any covenant, condition or restriction of this Agreement shall not constitute a waiver of any other covenant, condition or restriction of this Agreement. 5. Invalidation of any portion of this Agreement by judgment or court order shall in no way affect any other portion of this Agreement and the same shall remain in full force and effect. 6105a 4 I& WITNESS WHEREOF, the parties hereto have executed this instrument the day and year above written by.and through their authorized officers or representatives. CITY OF EDMONDS: " - � � V///�- LARRY S. E'MAYOR ATTEST: ity Clerk APPROVED AS TO FORM: (A o 7i ty Attorne APPROVED AS TO FO Attorney for Edmonds Associates STATE OF NEW JERSEY ) ) ss. COUNTY OF BERGEN ) EDMONDSS ASSOCIATES By �'�y�`'�nG�f Genera ll Partner I certify that I know or have satisfactory evidence that �be,-t- S�n,'/�cy.'f1— signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the General Partner of Edmond Associates, a POL,,, partnership, to be the free and voluntary 6105a 5 act of such partnership for the uses and purposes mentioned in the instrument. DATED: June 16, 1987• (Seal or stamp) zZ_,j-& �2 otary Pub is in d for the State of New Jersey residing at Rt.17N,E.Rutherford,NJ My appointment expires 8/23/89 SARA L. REGINA RIH/cb NOTARY PUBLIC OF iINEW E:RSFY 6/4/87 MY COMMISSION EXPIRES AUG. 23, 1989 6105a 6