Ordinance 25500006.15004B
WSS/naa
01/30/86 2550
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS TO CHANGE THE ZONING DESIGNATION ON
CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE
LANDAU REZONE, FILE NO. R-4-85, FROM RS-8
(SINGLE FAMILY) TO BN (NEIGHBORHOOD COMMERCIAL);
AUTHORIZING EXECUTION OF A CONCOMITANT ZONING
AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Planning Board at a public hearing,
considered the following amendments to the Official Zoning Map
and made their findings and recommendations which were forwarded
to the City Council, and
WHEREAS, the City Council after a public hearing
reviewed the recommendations of the Planning Board and determined
that the proposed amendment and agreement should be approved
subject to certain revisions and adopted as Findings of Fact and
Conclusions of Law and attached hereto as Exhibit A, incorporated
as if herein set forth. 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, as adopted by Section 17.00.010 of the Edmonds Community
Development Code is hereby amended by changing the zoning
classification of certain property hereinafter described from
RS-8 (single family residential) to BN (neighborhood commercial),
subject to the Concomitant Zoning Agreement executed and recorded
as provided herein. The legal description of the property
rezoned is set forth in Exhibit B, attached hereto and
incorporated herein by this reference as if set forth in full.
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.
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 C 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. 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
its publication, or publication of a summary thereof consisting
of its title, in the City's official newspaper.
ATTEST/AUTHENTICATED:
;�CIY�CLERKtCINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By �AJJ4��
FILED WITH THE CITY CLERK: January 31, 1986
PASSED BY THE CITY COUNCIL: February 11, 1986
PUBLISHED: February 16, 1986
EFFECTIVE DATE: February 21, 1986
ORDINANCE NO. 2550
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WSS:bw
11/08/85
DECISION OF THE
EDMONDS CITY COUNCIL
LANDAU REZONE
CITY OF EDMONDS FILE NO. R-4-85
After notification in conformance with law, the City Council of
the City of Edmonds held a public hearing on December 3, 1933 on
the application of Henry and Joyce Landau. The Landaus have filed
Application No. R-4-85 requesting the rezone of lot 1 of Berquist
Addition from RS-8 single family zoning to BN neighborhood
business zoning. Based upon said hearing and the evidence
presented thereat, the City Council makes the following findings
of fact: ,
FINDINGS OF FACT
1. The subject tract is an "L" shaped lot located south of
the intersection of SR 104 and 100th Avenue :Test on the east side
of 100th Avenue West. The lot is currently in a single family
residential use and contains approximately 24,616 square feet. The
lot is accessed by a 39 foot opening on 100th Avenue West. The
western two-thirds of the lot are relatively flat. The eastern
third of the lot is for the most part covered with heavy growth
and rises steeply toward the east.
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2. The lot is bordered by commercial uses on the north and
west. To the south and east, the adjacent properties are developed
as single family residences.
3. The applicants have developed a companion residential lot
directly to the west of the proposed rezone area in office uses.
The neighbors express general satisfaction with the development of
the companion lot.
4. Owners of residences immediately adjacent to the property
on the east in unincorporated Snohomish County and to the south do
not object to the development of the property under a contract
rezone in an office use provided that the existing greenbelt is
maintained for the protection of their property.
5. The trees along the eastern third of the lot provide for
visual and sound buffering between the traffic on 100th Avenue
West and at adjacent shopping centers and the residential prop-
erties abutting the subject tract.
6. The proposed contract provision prohibiting amendment of
the contract for a period of two (2) years is insufficient to
permit establishment of buffering zones on adjacent property. The
Council finds that a period of ten (10) years is more consistant
with the establishment of such buffering.
CONCLUSIONS OF LAW
1. The proposed zoning change conforms to the comprehensive
plan and the policies set forth in Section 15.20.005 and 15.20.010
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of the Community Development Code. The comprehensive policy plan
map designates the subject property as commercial/business.
2. if the proposed contract rezone limits the development of
the property to professional office buildings, it would be consis-
tent with the purposes of the zoning ordinances as specified in
Chapter 16.00.010 of the Community Development Code.
1.3. If developed as neighborhood business (BN) in profes-
sional office use, the subject tract would be compatible with the
professional offices located immediately to the west. Other com-
mercial uses such as restaurants and sign companies are located
north of the property. The subject tract therefore lies in a tran-
sition zone between single family residential and developed com-
mercial areas. The Planning Board therefore finds that the pro-
posed zoning change bears a rational relationship to the existing
land uses in the zoning of surrounding and nearby properties.
4. Sufficient changes have occurred in the character of the
immediate and surrounding areas justifying the rezone in that a
properly controlled office use under the neighborhood business
catagory would provide for a reasonable transition from commerical
to residential neighborhoods and provide for buffering of the
residential neighborhoods.
5. The subject property is economically and physically suit-
able for office use under the proposed zoning category.
6. The public health, safety and welfare would be served by
providing for a reasonable transition and buffer zone between the
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single family residences to the south and east and the existing
commercial uses to the north and west.
7. Properly conditioned, the proposed rezone would not pose
any significant adverse impacts to the public or to any nearby
private property or improvement.
8. The requirements of E.C.D.C. 20.40.010(C) relating to the
relationship of the subject tract to the surrounding area would be
better served by contract provisions prohibiting amendment of the
contract for a period of at least ten (10) years.
9. Conditions prohibiting amendment of a contract for a
period of ten (10) years would 'better serve the criteria of
E.C.D.C. 20.40.010(F) which attempts to balance the relative gain
to the public health, safety and welfare against potential
decreases in value to surrounding property owners.
nPrTCTnRiC nQ lr=W rTTV rnT,h,nTT
The City Council finds that Application R-4-85 shall be
approved subject to satisfaction of the following conditions:
1. The applicants shall provide a written contract, for
review and approval by the City attorney, outlining the terms of
the rezone.
2. The subject lot shall be limited in use to single family
residential or professional office use.
3. The proposed contract shall include a greenbelt encompas-
sing the existing area on the eastern one-third of the lot subject
to the following conditions:
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A. Until such time as the applicants submit a building
permit application to construct any improvement or
structure or any portion thereof intruding into the
existing area on the eastern one-third of the lot
maintained in natural growth, the applicants shall
maintain the existing natural area and are prohi-
bited from cutting, burning, or otherwise removing
any of the existing growth from the eastern one-
third of the lot hereby defined to be that portion
lying along and 70 feet west of the easternmost
boundary of lot 1 of Berquist Addition.
B. Upon the filing of any building permit- application
as above specified, the greenbelt to be maintained
in natural growth shall revert to a greenbelt hereby
defined to be the easternmost 45 feet of` lot 1 of
Berquist Addition. This 45 foot greenbelt shall be
FA
evidenced in the contract rezone as a permanent
restriction on the use of the property. It shall be
detailed in said contract as a covenant running with
the land, specifying that the owner, its successors,
heirs and assigns shall not cut, burn or otherwise
remove any of tha natural growth lying within that
area and that no structure of any kind or nature
shall be built within the 45 foot permanent green-
belt area.
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C. Upon submission of building plans to the
Architectural Design Board for any building permit
application as above specified, the Architectural
Design Board is directed in its review to
specifically consider the impacts to neighboring
properties of removal of trees west of the 45,
permanent greenbelt. Notification of the
Architectural Design Board meeting shall be made to
the adjacent property owners.
4. The contract shall prohibit application for amendment of
the contract for a period not less than ten (10) years.
Upon the provision of a contract incorporating the above
conditions, the Council finds that the criteria of Chapter 20.40
of the Edmonds Community Develooment code would be met and that
the proposed_ rezone approved.
DONE this 7 day of
LARRY S . UGC T , MAYOR
CITY OF EDMON
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE PARRETT
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Lot 1, Bergguist Addition, according to the
plat thereof recorded in Volume 15 of Plats,
page 105, records of the Auditor of the County
of Snohomish, State of Washington.
EXCEPT the West 7-1/2 feet thereof as con-
demned by the City of Edmonds by Decree
entered under Snohomish County Superior Court
Cause No. 106246.
EXHIBIT A
7
AGREEMENT AND COVENANTS
WHEREAS, Henry G. Landau. and Joyce R. Landau, husband
and wife, hereinafter referred to jointly and severally as
"Owner", are owners of the following described real property
located at 23105 - 100th Avenue West, in the City of Edmonds, and
legally described on Exhibit "A", attached hereto and incor-
porated by this reference as if set forth in full.
WHEREAS, Owner has tendered this Agreement and
Covenants to the City of Edmonds, a municipal corporation,
hereinafter referred to as "Edmonds", and the same having been
duly considered by Edmonds, and
WHEREAS, Owner has applied for a change in the zoning
of the certain real property from Single -Family Residential 8,000
(RS 8) to Neighborhood Business (BN), 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
Divisions and has fully considered recommendations made after
such staff review, and
WHEREAS, this application has been reviewed by
the Planning Board which has recommended that the rezone be
approved subject to conditions of "Finding of Facts":
NOW THEREFORE,
In the event the City Council of the City of Edmonds
finds the rezone of the subject property as specified above does
not adversely affect the public health, safety, and general
welfare, and that the rezone is justified by sufficient changes
in the character of the surrounding area, and in consideration of
1 �
the City Council's rezoning the subject property and for so long
as the subject property remains rezoned, Owner and City of
Edmonds hereby covenant and agree to the following on behalf of
themselves, their heirs, and successors, and assigns:
1. This Agreement is tendered by Owner to Edmonds and
accepted by Edmonds, and all parties agree it is applicable to
the parties to this Agreement, their heirs, successors and
assigns,
both
as
to duties and benefits.
The terms
of this
Agreement
shall
be
specifically enforceable
in equity by
Edmonds.
2. Edmonds shall be under no obligation to issue
Owner, their heirs, their successors or assigns a building permit
and/or other permits for improvements, structures or uses upon
any of the subject property of Owner unless such improvements
and/or uses comply with the terms of this Agreement and the
applicable ordinances at the time 'of any application for said
permits.
3. This Agreement and each part of it shall be
considered covenants running with the land described above and
shall be binding upon Owner, their heirs, successors and/or
assigns. It shall be recorded with the Snohomish County Auditor
in the grantor/grantee index with Owner being listed as the
grantor and Edmonds as Grantee. All recording costs are to be
paid by Owner. Such recordation and payment of said costs shall
be a condition precedent to Owner exercising any rights under the
terms of this Agreement.
4. In consideration of Edmonds reclassifying the
subject real property from RS 8 to BN, and for so long as the
2
property remains so classified, Owner covenants to limit the use
of such property to a single family residence or professional
offices, as defined by Section 12.12.170 of the Edmonds City
Code, as now exists or as may hereafter be recodified.
Until such time as the Owner submits a building permit
application to construct any improvement or structure or any
portion thereof intruding into the existing area on the eastern
one-third of the lot maintained in natural growth, the Owner
shall maintain the existing natural area and is prohibited from
cutting, burning, or otherwise removing any of the existing
growth from the eastern one-third of the lot hereby defined to be
that portion lying along and 70 feet west of the easternmost
boundary of Lot 1 of Bergquist Addition.
That at the time that the subject property is used
and/or developed for other than single-family residential
purposes, the Owner shall:
(i) Set aside a total of 8500 square feet, being the
easternmost 70 feet more or less of the subject
property as a mitigation and greenbelt area.
The greenbelt area shall consist of the eastern-
most 45 feet of the subject property, containing
5397 square feet, more or less, to be permanently
left in a substantially natural state. No
clearing, grading, burning, filling or construc-
tion of any kind shall occur within this area
except for necessary utility installations, and
drainage and other improvements as may be needed
for the purposes of soil stabilization when
reviewed and approved by the City of Edmonds where
approvals are necessary. Removal of the trees in
the greenbelt by the property owner shall be
limited to those which are dead, diseased or
hazardous.
The mitigation area shall consist of the remainder
of the 8500 square feet, being approximately that
portion of the subject property lying between the
greenbelt area identified above and a line drawn
3
parallel to and 70 feet, more or less, west of the
eastern boundary of subject property. Upon filing
of any building permit application as above
specified, the greenbelt to be maintained in
natural growth shall revert to a greenbelt hereby
defined to be the easternmost 45 feet of Lot 1 of
the Bergquist Addition. The Owner of subject
property hereby agrees, upon use or development of
any portion of the mitigation area, to -install
additional landscaping including a combination of
fencing and/or natural vegetation in the greenbelt
and mitigation areas sufficient to visually screen
the subject property uses from adjacent lots in
the Bergquist Addition. Said landscaping shall be
reviewed and approved by the City of Edmonds.
Notification of the Architectural Design Board
meeting shall be made to the adjacent property
owners.
In addition to the 8500 square foot green belt and
mitigation area described above, the Owner of the
subject property will set aside the southernmost
15 feet of the subject property which borders the
residential lots to the south as a landscaped
buffer zone. Upon use or development of the
subject property for other than single-family
residential purposes, the Owner of the subject
property agree to install additional landscaping
sufficient to visually screen the subject property
from the adjacent residential lots.
6. No applications shall be made by Owner, heirs,
their successors, or assigns to amend this Agreement for a period
of ten (10) years from the date hereof. Thereafter, Owner or
their successors heirs or assigns, or Edmonds may, upon applica-
tion, apply to amend or terminate the provisions of this Agree-
ment or to change the zoning on said property. Said application
to change or terminate the provisions and covenants or to rezone
said property shall be heard in the normal manner at appropriate
public hearings as any other application for a rezone of property
in the City of Edmonds. Such action by either party shall not
release the Owner, heirs, its successors, or its assigns from the
4
obligations assumed under this Agreement, unless and until such
application shall be duly approved by Edmonds.
7. In the event that a suit is brought to enforce any
of the provisions of this agreement, the prevailing party shall
be entitled to reimbursement of all costs for said litigation
together with a sum for reasonable attorneys fees.
8. It is further expressly agreed that in the event any
covenant, condition, or restriction herein contained or any
portion thereof is invalid or void, such invalidity or voidness
shall in no way affect any other covenant, condition, or restric-
tion herein contained.
IN WITNESS WHEREOF, the parties have executed this
contract this I.L, day of FebrUyc,� 19��.
86 oA / So ';7' o 6
)A,( r" �d Lc(-'V1'J
HENRY G . ✓LANDAU
VYCE R. LANDAU
CITY OF ,EDMONDS:
R,
ATTEST:
�tTY/CLERK,
DATE: 1, 4, / TY'(,n
5
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
On this d.aa�yy personally appeared before me, `n 'Z�
.ti &z" and J� to me known to the
individuals describ in and who executed the within and
foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN unde.d �tr official seal this day of
�e•U�al i r1i�j �� 0
• •off •
c -T" pli3U%o
27
w� r V yr A JJjJ
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
PY PUBLICjn and for the
to of Washin ton, residing
On this day of , _ ,, 19L(-, before me
the undersigned, a Notary Public in and for the State of
Was `n ton, duly commiss'oned and o n, ersonally appeared
.s�i and At to me known to be
the Mayor and City Clerk of he CITY OF ED MONDS, Washington, the
municipal corporation that executed the.foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the
official seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the
day and year first above written.
(:4NTA��RYt"UBLI�Cin and for the
State of Washington, residing
at
C.
Lot 1, Bergquist Addition, according to the
plat thereof recorded in Volume 15 of Plats,
page 105, records of the Auditor of the County
of Snohomish, State of Washington.
EXCEPT the West 7 1/2 feet thereof as con-
demned by the City of Edmonds by Decree
entered under Snohomish County Superior Court
Cause No. 106246.
EXHIBIT A
7
Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHOIVLISH,
ORDINANCE NO 2550 The undersigned, being first duly sworn on oath deposes and says
V ORDINANCE OF THE
TY OF EDMONDS, WASH- that she is Principal Clerk of THE HERALD, a daily newspaper
GTON, AMENDING THE
IEICIL CITY OFNEDMONING DS TO printed and published in the City of Everett, County of Snohomish, ANGE THE ZONING DES- NATION ON CERTAIN
NLY KNOZ S_ THE and State of Washington; that said newspaper is a newspaper of
NR485, FROMNR'6 (SIN general circulation in said County and State; that said newspaper
E FAMILY) Tp 8N
RCIAL);R AUHORIOM-
Nc has been approved as a legal newspaper by order of the Superior
ELUTION I A CONCOM.
NT ZONING AGREE- Court of Snohomish County and that the notice .......................
.................
T AND ESTABLISHING
EFFFfTwr
-- ' g r""$I Addition,
accordino the plot there-
Ordinance No. 2550
Of recorded in Volume 15 of
Plgts, page 105r
...........................................................................................................
Of , records of
Snohomish, State of County
ington.
EXCEPTthe West 7eet
thereof as f
......................................................................................................................................
condemned by
the City of Edmonds by De,
tree entered under Snohom.
County Superior Court
Caish
use. No 106246
The. full text of the
........................................... ...........................................................................................
ordinance
Will be mailed to anyone upon
request.
a printed copy of which is hereunto attached, was published in said
Published: Feb. 16, 1986: _ -
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
February 16, 1986
......................................................................................................................................
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of,,9-a—id) riod................. --zy'z.� . ......
f
/ Principal Clerk
Subscribed and sworn to before me this ......1.. t h
February >> 86
f,. day of...... �n ........................... -.......... , 19.......r
N tdry Public in n for the State of Washington,
sOng at Everett, Snohomish County.
B - 2 - I