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20110921170022394.pdfMAE/lac 11/16/81 ORDINANCE NO. 2249 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS, WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION OF CER- TAIN PROPERTY LOCATED WITHIN SAID CITY FROM MULTI -FAMILY RESIDENTIAL (RM -2.4) TO GEN- ERAL COMMERCIAL (CG) AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANTS, PURSUANT TO PLANNING ADVISORY BOARD RESO- LUTION NO. 669 . WHEREAS, the Edmonds Planning Advisory Board has held a public hearing and has forwarded its recommendations to the City Council, and WHEREAS, a public hearing was called by the City Council of the City of Edmonds, Washington, and after con- sidering the Planning Advisory Board's findings and recom- mendations, the City Council determined the following: 1. That the findings of fact and conclusions of the Planning Advisory Board contained in Planning Advisory Board Resolution No. 669 are correct and the same are hereby adopted by the City Council and incorporated by this reference as if set forth in full, except that the first sentence of Finding of Fact VI(1) of said resolution is not to be the finding of this City Council, and, instead, this Council finds that the street proposed for Parcel "D" will be constructed to meet City standards in a fifty foot right of way with curb to curb paving, curbs, gutters and a sidewalk on one side if Parcel "D" is developed as a Park and Ride Lot, but if Parcel "D" is not developed as a Park and Ride Lot, said street shall be constructed to meet city standards in a sixty foot right of way with pavement curb to curb, gutters and sidewalks on both sides. 2. That the proposed rezone, as limited by the concomitant zoning agreement tendered to the City by the owners of the subject property, will allow development which is compatible with adjoining uses and is appropriate for the area. 3. The proposed zoning change, as limited by the concomitant zoning agreement, bears a reasonable rela- tionship to the zoning and uses of the surrounding and nearby properties and will not be detrimental to adjoining properties or uses. 4. That in accordance with the findings of the City's responsible official, there will be no significant adverse environmental impacts, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The official zoning map of the City of Edmonds, Washington, is hereby amended by changing the zoning classification of certain property situated in the City of Edmonds, Washington, from Multi -Family residential (RM -2.4) to General Commercial (CG) whose legal description is set forth in Exhibit A and incorporated by reference as if set forth fully herein. Section 2. The Director of Planning and the Director of Public Works are hereby authorized and directed -2- to effectuate the necessary amendments to the official zoning map of the City, pursuant to this ordinance. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest that certain document entitled "Agreement and Covenants in the Nature of a Contract Rezone" consisting of 7 typewritten pages which was executed by the owners of the subject property on the 17th day of November . , 1981, and tendered to the City. The City Clerk is further directed to record the document with the Snohomish County Auditor as a covenant running with the land. All costs of recording shall be paid by the owner. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: � f MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: ME -"d -' i t ii L. �r- �•� APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: rm'-wWAM M-irw i �• FILED WITH THE CITY CLERK: November 17, 1981 PASSED BY THE CITY COUNCIL: November 17, 1981 POSTED: November 18, 1981 EFFECTIVE DATE: November 23, 1981 -3- EXHIBIT A All.of Tract 3 and that portion of Tract 2, Solner's Five Acre Tracts according to the plat thereof recorded in Volume 7 of Plats on page 25, records of Snohomish County, Washington, lying• southerly and easterly of a line A..hich begins at a point on the north line of.Tract 2, S 88° 52' 14" E 585.00 feet from the northwest corner of Lot 3 of: Forshee's Upland Tracts according to .the plat thereof recorded in Volume 13 of Plats on page 57, records of said County; thence S 00 25' 10" 14, parallel with the west line of said Tract 2, a distance of• 125.00 feet; thence S 690 28' 51" «. 291.3; feet to the •.est line of said Tract 2 at the southeast corner of Lot 1 of said Forshee"s Upland Tracts and the terminus of the line herein described; TOGETHER -WITH Tract 4 of said Solner's Five -Acre Tracts; E`;CEPT the west 100.00 feet -of the North 216.00 Beet; and EXCEPT the north 159.00 feet of the remainc?er; Situate in Snohomish County, 11ashington. AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 18 day of November , 1981, affiant posted true and correct copies of the attached Ordinance No. 2249, passed by the City Council on the 17 day of November , 1981 , at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 18 day of November , 1981 . SUBSCRIBED AND SWORN to before me this %,9 day of N tary Public in and for the State of Washington, residing at C -"—t f -;�L-e`C �� . WHEREAS, La Pierre is the owner of the property described in Exhibit 1 attached hereto and incorporated herein, and WHEREAS, La Pierre has applied for a change of the zoning of said subject property in part from RML to C -G; and WHEREAS, Edmonds has caused the application in its entirety, including but not limited to the Environmental Checklist to be reviewed by its planning and engineering departments, and has fully considered recommendations made after such staff reviews; and WHEREAS, La Pierre has determined a willingness and ability to implement certain of the aforementioned staff recommendations in the course of its proposed development in the event its request to rezone is approved; and WHEREAS, La Pierre and Edmonds are willing to enter into an amendment to the original contract executed on or about August 16, 1978, and to reclassify the property described in Exhibit 1 from RML to C -G, NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. This agreement is tendered by La Pierre to Edmonds and accepted by Edmonds, and all parties agree that it is applicable to the parties to this agreement their heirs, successors and assigns and defines both their duties and benefits. The terms of this agreement shall be specifically enforceable and further, shall amend that agreement entered into on or about August 16, 1978, and recorded under Auditor's Receiving No. 7808300288, and vas 7 i6 Peet 10 RPT: bb (8/ `� ,/� C f i 7' l L l I C V /.. I AGREEMENTS AND COVENANTS IN THE NATURE OF A CONTRACT REZONE THIS IS AN AGREEMENT AND COVENANTS between La Pierre Indus- tries, Inc. hereinafter referred to as "La Pierre" and the City ' of Edmonds, a municipal corporation hereinafter referred to as "Edmonds", WITNESSETH: WHEREAS, La Pierre is the owner of the property described in Exhibit 1 attached hereto and incorporated herein, and WHEREAS, La Pierre has applied for a change of the zoning of said subject property in part from RML to C -G; and WHEREAS, Edmonds has caused the application in its entirety, including but not limited to the Environmental Checklist to be reviewed by its planning and engineering departments, and has fully considered recommendations made after such staff reviews; and WHEREAS, La Pierre has determined a willingness and ability to implement certain of the aforementioned staff recommendations in the course of its proposed development in the event its request to rezone is approved; and WHEREAS, La Pierre and Edmonds are willing to enter into an amendment to the original contract executed on or about August 16, 1978, and to reclassify the property described in Exhibit 1 from RML to C -G, NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. This agreement is tendered by La Pierre to Edmonds and accepted by Edmonds, and all parties agree that it is applicable to the parties to this agreement their heirs, successors and assigns and defines both their duties and benefits. The terms of this agreement shall be specifically enforceable and further, shall amend that agreement entered into on or about August 16, 1978, and recorded under Auditor's Receiving No. 7808300288, and vas 7 i6 Peet 10 to the extent not inconsistent herewith, the terms shall continue in full force and effect. 2. Edmonds shall not be under any obligation to issue La Pierre or his successors or assigns a building or other permit for improvements or expansions upon any of the subject property described in Exhibit 1 unless such improvements are consistent with the terms hereof and applicable ordinances of the City of Edmonds in effect at the time of any application for any such permit(s). 3. This agreement and each part of it shall be considered covenants running with the land and covered hereby and shall amend the previous covenants set forth in the prior agreement of August 16, 1978, referred to above and shall be recorded with the Snohomish County Auditor in the grantor/grantee index with La Pierre being listed as grantor and Edmonds as grantee and all costs of such recordation shall be paid by La Pierre. Such recordation and payment of said costs shall be a condition pre- cedent to La Pierre exercising any rights under the terms of this agreement. 4. In consideration of Edmonds reclassifying the property described in Exhibit 1 from RML to C -G and for so long as the property remains so classified, La Pierre covenants as follows: a. To develop the subject property in accordance with the land use designation set forth in Exhibit 2 attached hereto and incorporated herein by reference. Said exhibit provides that that portion of Lot 2 Solner's Five Acre Tract shall be developed to a maximum of 224 apartment or condominium units; Parcel "D" being portions of Lot 4 and Lot 2 Solner's Five Acre Tract for a park and ride and/or commercial/office only; Parcel C for roadway and utilities; and Parcel B for commercial/offices. La Pierre reserves the right to make minor revisions in the final plans subject to Edmonds review and approval. Such development will include substantial landscaping as is specified in prior agreement of August 16, 1978, which terms are incorporated herein. VOLV36PAGE 111 b. To improve 72nd Avenue West, from the intersection of 212th S.W. to the south property line of the subject property to a 44 foot paved section constructed to City standards; to align and connect the new curb on 72nd Avenue West to the existing curb on 212th Street S.W. The right of way proposed for Parcel C shall be 50 feet in width with street constructed in accordance with the Department of Transportation design as set forth in Exhibit A and together with the south 10 feet of Parcel B as a utility easement if the Park and Ride Lot is built on Parcel D and 60 feet in width if the Park and Ride Lot is not constructed on Parcel D. Said street shall be dedicated if desired by the city and in any event (except as to width if Park and Ride is built) shall be improved to city street standards. The road shall be built or a bond in a form and amount acceptable to the city insuring said construction shall be submitted to and approved by the city before subdivision or building permit is issued for Parcel A or D. C. To place approved "No Parking" signs on both sides of 72nd Avenue West as directed by Edmonds adjacent to the subject property. d. To apply traffic control stripes to the intersection of 212th Street S.W. and 72nd Avenue West; 72nd Avenue West northbound to two lanes, marked for a right turn only lane, and a through and left turn lane for a distance of approximately 50 feet south from the southerly margin of 212th Street S.W.; all of the foregoing improvements to be to City standards, and are subject to review and approval of the City Engineer; provided further that these requirements with respect to 72nd under this subparagraph may also be modified for the construction of the Park and Ride Lot if approved by the City of Edmonds in the same manner as provided for above. i -i. e. To construct to the City standards a Portland cement concrete barrier along the center line of 212th Street S.W. a distance of 360 feet easterly from its intersection with 76th when deemed necessary by the City of Edmonds. V01-7fAa 112 8201260095 f. To pay a proportionate share of the cost of improve- ments to the existing sewer system, based upon one of the following mehtods, whicherver is greater; (1) The ratio of the land area of the subject property compared to the total land area of the property to be served by such sewer system improvement. (2) The ratio of the potential equivalent resi- dential customer count in the land area of the subject property compared to the total potential equivalent residential customer count in the total land area of the property served by such improve- ment, considered in light of the zoning in effect at the time such improvement is completed. All in accordance with the determination of the Edmonds Public Works Department. (It is acknowledged that La Pierre Industries, Inc. is entitled presently to sewer service for 194 units on the subject property and has already paid for 153 units, together with the cost to improve that certain 8 -inch line on 72nd in the approximate sum of $2,700). g. All work shall be done in such manner that no unusual noise or disturbance will be caused and no unsightly debris allowed to accumulate nor any nuisance created in the area neighborhood. Ar h. To provide a minimum building setback of 20 feet(Y� from all property lines for the property described as Parcel A. i. The property described as Parcel 1 in the Agreement of August 16, 1978, shall be limited to business office, professional office and clinics and any type of enterprise rendering professional personal services as provided in the City.of Edmonds code. j. La Pierre agress to pay for one-third (1/3) of the cost of the traffic signal and related traffic channelization at the intersection of 216th Street S.W. and Highway 99 when constructed; provided that in any event La Pierre will not be obligated hereby for more than $35,000.00. vol- 1736 PAGE n,3 Ur Edmonc', Said payment to be paid sixty (60) days after completion of said signals and invoicing therefore. k. No more than 153 dwellings may be constructed on Parcel "A" without compensation to upgrade the sanitary sewer as provided for herein. La Pierre has already paid for 153 units. La Pierre may build up to 194 units on Parcel "A" provided it pays the difference between 153 and 194 at the old rate as calculated for the 153 units. No building permit will be issued for Parcel A for units in excess of 194 unless payment is made and the provisions for the installation of necessary improvements are made to upgrade the sanitary sewer system in conformance with a study to be conducted by the city in the near future and as approved by the City Council. 5. No application shall be made by La Pierre or Edmonds or their successors to materially amend this agreement for a period of twenty-four (24) months from the date hereof. Thereafter, either La Pierre or its successors or assigns or Edmonds may upon application file 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 appli- cation to change or terminate the provisions of covenants or to rezone said property shall, as aforesaid, be heard in the manner at appropriate public hearings as any other applications for a rezone of the property in the City of Edmonds. Such action by either party shall not release the other or its successors or its assigns from the obligations assumed under this agreement, unless and until such application shall be duly approved by Edmonds. 6. Edmonds will cause the necessary ordinances to be enacted to rezone the property described in Exhibit 1 from RML to C -G for those uses as defined and permited by the Edmonds Zoning Code in effect at the time of this contract, and for such uses as are contemplated and intended by this agreement as set forth in Exhibit 2 attached hereto. 8201260095 von_ -5- 17'� fA (,,,,E W CITY CLERK Civic Center 7. In the event the City must bring suit to enforce any of the provisions of this agreement and prevails in said action, then it shall be entitled to reimbursement of all costs for said litigation and a reasonable attorney's fees. 8. This agreement will be a covenant running with the land described in Exhibit 1 and be binding on the successors and/or assigns of La Pierre Industries, Inc. IN WITNESS WHEREOF the parties have executed this contract this )V 6 day of %�/=ir, 6/d,- , 1981. 7AIR CI OF •NI DS By j&:r J .mow Mayor ATTESTED TO: B 4_,,,,U,dj2Z�, ?)t&� Edmonds City Clerk STATE OF V',k,,Ch ) SS. COUNTY OF k , )_Z, L;4 rz,, rlc_ On this ")' day of1981, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Z, - to me known to be the President of La PIERRE INDUSTRIES, INC. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was auth- orized to execute the said instrument and that the seat affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. M1 _ OFFICIAL SEAN KAREN MC CALL Notary Public in and for NOTARY PUBLIC •CALIFORNIA RIVERSIDE COUNTY Washington, residing at,1,�, , my comm. expires FEB 22, 1983 8 20 26009§ VOL J7,% PAGE 1;5 -6-