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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 - 2 - 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. - 1 - 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 - 2 - 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 - 3 - 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: - 4 - 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. - 5 - 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 - 6 - 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. 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