Ordinance 2642WSS502700
WSS/imm
10/28/87
ORDINANCE NO. 2642
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 DIPANGRAZIO REZONE, FILE NO. R-1-
86, FROM RM-2.4 (MULTIFAMILY RESIDENTIAL) TO
CG (GENERAL 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 and
that the recommendations of the Planning Board should be adopted
as Findings of Fact and Conclusions of Law and are attached
hereto as Exhibit A, incorporated by this reference 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 RM-
-1-
2.4 (Multifamily Residential) to CG (General 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
"Concomitant Rezone Agreement", 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 applicant and owner of the subject tract.
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
publication of a summary thereof in the City's official
newspaper. Said summary is attached here to and by this
reference approved for publication.
-2-
ATTEST/AUTHENTICATED:
U� SLp
ITY CLERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY: ( )
FILED WITH THE CITY CLERK: October 29, 1987
PASSED BY THE CITY COUNCIL: November 2, 1987
PUBLISHED: November 8, 1987
EFFECTIVE DATE: November 13, 1987
ORDINANCE NO. 2642
mic
FINDINGS OF FACT AND CONCLUSIONS OF LAW
DIPANGRAZIO REZONE
CITY OF EDMONDS FILE: #R-1-86
Anthony DiPangrazio filed Application No. R-1-86 requesting a contract
rezone of Tract 21, of Fruitland Acres to Lake Ballinger, less the west
95.01 feet of said tract. Originally the Edmonds Planning Board
recommended conditioned approval of the rezone request. The Edmonds
City Council, on April 7, 1987, remanded the rezone request back to the
Board for further consideration.
On May 13, 1987, the Board continued the remanded rezone to allow the
Applicant to file an application to subdivide the subject property.
After notification in conformance with law, the Planning Board of the
City of Edmonds conducted a public hearing on August 12, 1987 on the
remanded application of Anthony DiPangrazio. Based upon the evidence
presented thereat, the Planning Board makes the following findings of
fact:
FINDINGS OF FACT
1. The subject property contains 15,600 square feet. The Applicant
has been granted preliminary approval for a three lot short
subdivision that includes the subject property. It is identified
as Lot C of Edmonds Preliminary Short Subdivision #S-15-87. The
property is presently cleared, gravelled and is being used as a
parking lot.
2. The lot is bordered by commercial development to the north and
northwest. To the northeast, the adjacent property is developed
-as high density multiple family residential use. Directly to the
east is undeveloped RM zoned land, also owned by the applicant.
Further to the east and south is single family residential
development.
3. The Applicant's commercial building to the northwest, the Sunset
office building, is experiencing problems due to the lack of
parking for the tenants.
4. A mitigated determination of nonsignificance has been issued by
the City on the rezone request. The Applicant has agreed to
comply with all mitigating conditions of the environmental
determination of nonsignificance.
5. The subject property is designated by the Comprehensive Plan Map
as High Density Residential. With proper conditions, the proposed
contract rezone would not conflict with the Comprehensive Plan.
6. The proposed contract rezone would, as conditioned, allow a less
intense use on the subject property than the existing multiple
family zoning.
EXHIBIT A
Planning Board Recommendation ►-age 2
#R-1-86
CONCLUSIONS OF LAW
1. The proposed contract rezone, as conditioned, conforms to the
Comprehensive Plan and the policies set forth in Section 15.20.005
and 15.20.010 of the Community Development Code. Parking is
better suited to be located behind the buildings along Highway
99. This is consistent with the Highway 99 Study.
2. The proposed contract rezone, as conditioned, will limit the use
of the subject property to only a parking lot. Development under
the present RM-2.4 zoning would allow approximately six dwelling
units.
3. The proposed contract rezone is consistent with the changing
nature of the neighborhood.
4. The residential properties to the east will be protected by
landscaped buffers and topographical change between the single
family homes and the subject property. The Architectural Design
Board will establish the exact landscape buffering.
5. The public health, safety and welfare would be served by providing
parking for commercial businesses away from Highway 99.
RECOMMENDATION TO THE CITY COUNCIL
The Planning Board of the City of Edmonds recommends to the City
Council that the amended rezone Application R-1-86 be approved.
This recommendation was approved unanimously by the Planning Board.
DONE this 14th day of September, 1987.
SHARON CLAUSSEN, CHAIR
EDMONDS PLANNING BOARD
EXHIBIT B
The North 130 feet of Lot 21, Block 1, plat of Fruitland Acres to
Lake Ballinger, according to the plat thereof recorded in Volume 10
of Plats, on page 47, records of Snohomish County, Washington;
TOGETHER WITH a permanent non-excusive easement for ingress, egress
and utilities over, upon and under the East 25 feet of the South
170 feet thereof, and the West 15 feet of the South 170 feet of Lot 22,
said Block 1.
Filed for record at request of:
Name City of Edmonds
Address 250 Fifth Avenue N.E.
City/State Edmonds, WA 98020
CONCOMITANT REZONE AGREEMENT
This Agreement is made and entered into this � day of
1987.by ANTHONY C. DIPANGRAZIO and ANITA R.
DIPANGRAZIO, husband and wife, hereinafter referred to as
"Owner":
WITNESSETH:
WHEREAS, the Owner is the title-holder of certain real
property located at 8009 238th S.W., Edmonds, Washington ("the
Property"), the same being legally described as follows:
Lot C of Edmonds Short Plat No. 515-87,
recorded in the records of the Snohomish
County Auditor under File No. 8802990123
Also described as the North 130 feet of Lot
21, Block 1, Plat of Fruitland Acres to Lake
Ballinger, according to the Plat thereof
recorded in Volume 10 of Plats, page 47,
records of Snohomish County, Washington;
together with a permanent non-exclusive
easement for ingress, egress and utilities
over, upon and under the East 25 feet of the
South 170 feet thereof.
and
WHEREAS, the Owner has applied to the City of Edmonds for a
rezone of the Property from the Multiple Residential Classifi-
cation (RM 2.4) to the General Commercial Classification, under
file number R-1-86; and
WHEREAS, the City of Edmonds has found that said rezone is
in the public interest, provided that development of the Property
Concomitant Rezone Agreement - 1
RECORDED 8802090124
EXHIBIT C
is planned and implemented in accordance with certain standards,
conditions and requirements which shall be documented herein and
hereafter considered to be an integral part of the zoning
restrictions applicable to the Property; NOW, THEREFORE,
THE OWNER HEREBY AGREES AS FOLLOWS:
1. Limitation on Uses. The only General Commercial use
permitted on the Property shall be off-street parking accessory
to commercial development to the north and west.
2. Access. Public access to the parking lot shall be from
the north and/or west, and shall meet the requirements of the
City and the fire department. Emergency access to the south,
connecting with 238th Street S.W., shall be available at all
times and shall comply with the requirements of the fire depart-
ment.
3. Site Plan Review. A Site Plan for all development on
the Property, and any amendments thereto, shall be subject to
review and approval by the Architectural Design Board. Said Site
Plan shall include a 15-foot-wide landscaped buffer, with
vegetation such as rhododendrons and Douglas firs along the east
and south boundary lines.
4. Legal Requirements. The Owner, and his heirs, succes-
sors and assigns, shall comply with all City ordinances and
regulations applicable to the development and use of the
Property, and nothing herein shall be construed as superseding
said ordinances and regulations.
5. Recording. This Agreement shall be filed in the
records of the Snohomish County Auditor for the purpose of
subjecting the Property to the restrictions, conditions and
limitations herein set forth which are intended to and shall have
the force and effect of deed restrictions and shall be deemed to
be covenants running with the land and binding upon the Owner,
his heirs, successors and assigns.
6. Enforcement. Any violation of this Agreement by the
Owner, his heirs, successors or assigns, shall be considered a
violation of the City of Edmonds Municipal Code and shall be
subject to all applicable penalties. In addition to said
remedies, the City of Edmonds may also elect to bring such action
or actions as will accomplish the specific performance of this
Agreement.
7. Construction of Agreement. This Agreement is con-
comitant with the action of the Edmonds City Council rezoning the
property to the General Commercial Classification. Nothing
herein shall be construed as being agreed to in consideration for
Concomitant Rezone Agreement - 2
said rezone, nor does the City relinquish its legislative power
with respect to said rezone in consideration for this Agreement.
8. Effective Date. This Agreement shall become effective
upon final approval by the City Council of the City of Edmonds of
the rezone of the Property to the General Commercial Classi-
fication.
IN WITNESS WHEREOF, the Owner has caused these presents to
be executed on the date and year first above written.
ANTJiOr C. DIPANG ZI'
- L�
AN A R. DIPAN RAZI
STATE OF WASHINGTON )
ss
COUNTY OF SNOHOMISH )
I hereby certify that I know or have satisfactory evidence
that ANTHONY C. DIPANGRAZIO and ANITA R. DIPANGRAZIO signed this
instrument and acknowledged it to be their free and voluntary act
for the uses and purposes therein mentioned.
DATED this _6 T day of �C �-�j , 1987.
NOTARY PUBLIC -"in and for the
State of Wash' gton, residing
at
My commission expires:
ACCEPTED BY THE CITY OF EDMONDS:
ATTEST:
By
MAYOR
APPROVED AS TO FORM:
By
- U CITY ATTORNEY
Concomitant Rezone Agreement - 3
S P CITY CLERK
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
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
SUMMARY OF
ORDINANCE NO,2442 ` ` general circulation in said County and State; that said newspaper
AN ORDINANCE OF THE
CITY OF EDMONDS
WASHINGTON, MZONING has been approved as a legal newspaper by order of the Superior
E CITY OF
EDMONDSMAP F ?TO CHANGE Court of Snohomish County and that the notice ........................................
.y THE ZONING DESIGNA-
TION ON CERTAIN. REAL
,PROPERTY COMMONLY
KNOWN AS THE DIPAN• FILE
yGRAZlO FILE-N0R-1.86, ..........ASU A�Y...QF..OR��N CE..NQ...2642.............................................................
'.'�,�.
FROMo 9M=2.� TMUC ThAM1.-
'MI I AN 1
ENT AND
............................................................................................................. .........................
4 EFFEC-
987 the City
ofkdmonds
.......................................................................................................
No. 2642,
(lows:
a printed copy of which is hereunto attached, was published in said
rezone of
hingf8n on and
newspaper proper and not in supplement form, in the regular and
Short Plat I
entire edition of said paper on the following days and times, namely:
North 130
d thereof recorded in NOVIIIBER 8th 1987
lume'10 of Plats, Me 47,.................•-��------....tNOVEMBER..8th.,...198.7 ..........................
cords of Snohomish
unty,'Washington
1 RM-2.4 Mu
ientlal) to CG (General
nercial)........... ......................�--..------.............---.---•--.......--...--.........---..........................I.............
Authorizing amendment of
Iffltho Zoning Map. and that said f�S a er was regularly distributed to Its subscribers
Authorizing execution of a 1� p g Y
omitant Zoning Agreement
no sold zoning byy, amonV during all f said period.
thIn limiting ttie use of
tees, ro ,described parking I 4'
e ull teztiofthis ordinance 1�r ✓ r���C1 / �r an effective;
4_
emwhodsub this charge ordinance,
.............tj..,,..:..........................::.................3...f� .. Y....:....1........�.......:..,.............
Principal Clerk
3stto the City Clerk of the
of Edmonds for a copy of
mt.
EdNE G. PARRETT 'I Subscribed and sworn to before me this......9th
Edmonds Cl
ClfyClerk
shed: November
8. 1987.
day of ....... :N0�1FI�ER---........-.-' :........................ 19..87
,:..
r J,
N t ry Public in and for the State of Washington,
r s� ing at Everett, Snohomish County.
8-2-1