Ordinance 26310006.01038
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.
APPROVED:
ATTEST/AUTHENTICATED:
TY XLERK, J CQUELINE G. PARRETT
�m
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE TITY 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 -
11
CONCOMITANT ZONING AGREEMENT
THIS AGREEMENT, dated this iq tday of , 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 &-Ie-�(4-�
��o9/7o/`fo ! �-�-
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$EREAS, 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 directed that a
concomitant zoning agreement 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 pursuant to RCW 35A.14.330 which shall zone
the Property for CG2 (General Commercial) modified to allow
(1) outdoor storage permitted outright and not as a
conditional use, but subject to 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 of 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
If] 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:
4 A�
LARRY S. G E AYOR
ATTEST:
ity Clerk
APPROVED AS TO FORM:
( , S"12'e�x
bilt—yAtto'rne�(
APPROVED AS TO FO
IJA-0 - ?�&
Attorney for Edmonds Associates
STATE OF NEW JERSEY )
) ss.
COUNTY OF BERGEN )
EDMONDS ASSOCIATES
By
General Partner
I certify that I know or have satisfactory evidence that
signed this instrument, on oath stated
that I)lwas authorized to execute the instrument and
acknowledged it as the General Partner of Edmond Associates, a
'0e." je,,Su,� _` � 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.
0
(Seal or stamp) ,
otary Public 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 NEW 1-ERSLY
6/4/87 MY COMMISSION EXPIRES AUG. 23, 1989
6105a 6
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHO1VLISH, ss
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court Snohomish County and that the notice........................................
f................................... .............................................
as an
vere forwarded to the
mcll and
!EA§, the Cl ty -Council •.............................•-----------------.....--------.....................---................--------..............---.....---
wo
d thereccommendafIons a co printed
anning Board and deter- p pY of which is hereunto attached, was published in said
iat fhe proposed omend-
d agreement should be newspaper proper and not in supplement form, in the regular and
d, NOW THEREFORE
cou T entire edition of said bF on the following days and times namely:
�S NGT
WASHION; DO - paper g > Y y:
ASS FOLLOWS /,'
r I. The official zoning
e clty of Edmonds as
by Section 17.00.016 of l'
mds Cammuni Devel- �/
Code Is ereby ..... .rfl.✓: J ...:j.......................... ...................[ t -/ ..........................
tli .
I by the establishment
mexatIon zoningin the
flan of CG-2 (General
clal) subject to the
sof a concomitant . _........................................................................................................
Ireement executed and
-°g-"revlaed-herelR and that said newspaper was regularly distributed to its subscribers
of land for which pre.
In zoning Is hereby
�d is located at the during all f said period.
corner of 212th Street
72nd Avenue W.m In, �-i
�orated Snohomish
id Is legally described
5 of Solner's 5-acre i✓' ....1.... Jrds.....1 .. I .......'............
ecorded nt , I Washing.
ing. Principal Clerk
nish County, Washing-
2. The Planning Dlrec- v
by Instructed to effec.
necessary amendment
cial zoning map of the Subscribed an sworn to before me this...........
mans cursuont to this ,/
to establish and set _
annexation zoning for r -} i` / rf land,
day of......� �c� b'ti. t` 1 f " / 19.
3. The Mayor Is `l-.../........,
uiTiorized to execute ! -
ti.
Ity Clerk to attest to
In document entitled,
nt and Covenants",, Y f r -, iLi
eretoasExhibit Aand .......f.�...... ..-<.:.........:...`. ..' ... \,....... .........--'---.�.��..�.�..: --- ---
as herein by this
as if set forth in full Notary k lic in and for (the State of Washington,
Clerk is further
record sold concomi- residin� a, Everett, Snohomish County.
APPROVED AS TO FORM:
OFFICE OF THE CITY
BATTORNEY:
W RSCOTT SNYDER
FILED WITH THE CITY CLERK:
'May-15 1987.
PASSED - BY. THE CITY
COUNCIL: August 4 1987.
EFFECTIVE DATE: August 14,
1987,
ORDINANCE. No, 2631
Published: August 14, 1987..,