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Ordinance 2054ORDINANCE NO. 2054 AN ORDINANCE OF THE THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PRO- PERTY LOCATED WITHIN SAID CITY FROM MULTIPLE - FAMILY LOW DENSITY (RML) TO NEIGHBORHOOD BUSINESS (BN), PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 612 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANT. WHEREAS, the Edmonds Planning Commission has held a public hearing and has forwarded its recommendations to the City Council in Resolution No. 612, and WHEREAS, a public hearing was called by the City Council of the City of Edmonds, Washington and at the conclusion of said hearing the City Council having determined as follows: 1. The Edmonds Comprehensive Policy Plan shows the general area to be commercial and thus the proposed zoning change conforms with the intent of the Comprehensive Policy Plan. 2. The location of access roads and the traffic generated thereby make this property less desirable for residential uses. 3. The property would be compatible with the BN Zone as limited by the Agreement and Covenants tendered by the Owner to the City. 4. The proposed zoning change bears a reasonable relationship to the zoning and uses of the surrounding and nearby properties and will not be detrimental to the public health, safety, morals or welfare with the restrictions -1- imposed in the concomitant Agreement. 5. There are no significant adverse environmental impacts to the surrounding properties either within or without the jurisdiction of the City of Edmonds which will be affected by the proposed use of the property with certain additional limitations imposed by contract tendered by the Owner to the City, 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, be and the same is hereby amended by changing the zoning classification of the following described parcel of property situate in the City of Edmonds, Washington from Multiple -Family Low Density (RML) to Neighborhood Business (BN). The legal description of the property is set forth on Exhibit "1", attached hereto and incorporated in full by this reference. Section 2. The Director of Community Development and the Director of Public Works are hereby authorized and directed 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" consisting of typewritten pages and an attached Exhibit "A", consisting of a legal description, which was executed by the Owners of -2- said property on the 27th day of February r 1979, and tendered to the City. The City Clerk is further directed to record said Agreement and Covenants with the Snohomish County Auditor as a covenant running with the land. All costs of recording said Agreement and Covenants shall be paid by the Owners. 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 MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENEaVARNEY MORAN APPROVED AS TO FORM: I E OF THE CITY ATTORNEY: f FILED WITH THE CITY CLERK: February 21,1979 PASSED BY THE CITY COUNCIL:February 271, 1979 POSTED: March 1, 1979 EFFECTIVE DATE: March 6, 1979 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH ) being first duly sworn on oath deposes and says that ./ he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the / day of 197y , affiant posted true and correct copies of the attached Ordinance No. �v passed by the City Council on the 7" day of 197, at the three 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 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this day of 1977. �J SUBSCRIBED AND SWORN to before me this day of J.' on - Notary P lic in and for the State of ington, residing at P