Ordinance 1949ORDINANCE NO. 1949
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF EDMONDS,
WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PROPERTY LOCATED WITHIN SAID CITY FROM
SINGLE FAMILY RESIDENCE, 8000 SQUARE FEET (RS-8)
TO TWO FAMILY (RD), PURSUANT TO PLANNING
COMMISSION RESOLUTION NO. 565, AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND COVENANTS.
WHEREAS, pursuant to Planning Commission Resolution No.
565, a public hearing was called by the City Council of the
City of Edmonds to consider Planning Commission Resolution
No. 565 and at the conclusion of said hearing the City Council
having determined that the following designated zoning
amendment would be in the best interests of the public health,
safety and general welfare; would be the most appropriate use
of said property in the orderly development of the City,
provided that the owner complies with certain additional
limitations imposed by contract tendered by the owner to the
City; and that such action will have no significant adverse
environmental impacts, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Official z4)-d-4- / :on,
be and the same is hereby ame
classification of the followi �y i
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Single Family Residence, 8000 .
Family (Duplex) (RD) , all sit
Snohomish County, Washington, %e D % 6 oa232�—„
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ORDINANCE NO. 1949
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF EDMONDS,
WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PROPERTY LOCATED WITHIN SAID CITY FROM
SINGLE FAMILY RESIDENCE, 8000 SQUARE FEET (RS-8)
TO TWO FAMILY (RD), PURSUANT TO PLANNING
COMMISSION RESOLUTION NO. 565, AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND COVENANTS.
WHEREAS, pursuant to Planning Commission Resolution No.
565, a public hearing was called by the City Council of the
City of Edmonds to consider Planning Commission Resolution
No. 565 and at the conclusion of said hearing the City Council
having determined that the following designated zoning
amendment would be in the best interests of the public health,
safety and general welfare; would be the most appropriate use
of said property in the orderly development of the City,
provided that the owner complies with certain additional
limitations imposed by contract tendered by the owner to the
City; and that such action will have no significant adverse
environmental impacts, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map, Edmonds, Washington,
be and the same is hereby amended by changing the zoning
classification of the following described property from
Single Family Residence, 8000 Square Feet (RS-8) to Two
Family (Duplex) (RD), all situate in the City of Edmonds,
Snohomish County, Washington, and as more fully appears
-1-
on Exhibit "A" attached hereto and incorporated by this
reference as if set forth in full.
Section 2. The Director of Community Development and
the Director of Public Works are hereby directed to effectuate
the necessary amendments to the Official Zoning Map of
Edmonds, Washington, pursuant to this Ordinance.
Section 3. The Mayor is hereby authorized to execute
and the City Clerk to attest that document entitled "Agreement
and Covenants" consisting of 6 typewritten pages and a site
plan relating to the above -described property consisting of
2 pages, identified by said "Agreement and Covenants" as
Exhibit "A", which was executed by the owners of said property
on the 30 day of September , 1977, 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. The cost of said recordation
shall be paid by the owner.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST:
CITY CLERK, IREM VARNEY MORAN
FILED WITH THE CITY CLERK: August 17, 1977
PASSED BY THE CITY COUNCIL: September 27, 1977
PUBLISHED October 12, 1977
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Civic Center
Fdmonc!s, Washington
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EXHIBIT A - Pane 2 ?. 1 77
RD C6,,IRACT ZONE D ATE <_rE';i?:�.k ';�Ti S
oEdwards
Land Area = 2.935 Acres - 12.7,370 ft2 (201.64' x 634.1") .•....play oevei. Deo".
2. Code Rcquirements: City of Edmonds, ;lashinatori
Edition in effect at date of contract zone.
3. Zonina: RD per city zoning ordinance, edition in effect at date of
contract zone and amended by this contract zone.
4. Land Use: Townhouse Option of RD Zone & Code Section 12.13.090(d)
127.870
3000 = 42 dwelling units, maximum allowed
5. Parking Provisions: 42 units x 2/unit = 84 auto parking spaces.
6. Bulk P,equireMents and General Requirements:
The fol 1 e°,,/ i nq items are included, some of s•:hi ch may or may not be a part of the
General RD Zone:
a. General property line set -backs per site plan, Exhibit A
.. b. 35j' max. land coverage
c. 25' height limit per city codes
d. Building for, i n accordance with townhouse code requirements
e. Parking areas containing Tiore-than 5 parking stalls shall be divided by
landscaping, to satisfy the code required 8 criteria.
f. Site entry shall have an indexing sign
g. Continuous auto acce3s from 242nd SW to 240th Stj shall not be permitted
h. -Site drainage shall be in accordance vrith city codes, and shall contain
retention detention and oft separator. Site drainage water shall be
collected for discharge to existing system at 242nd SIH.
i. Landscape and screening shall he provided at the east and wrest property line
in accordance :iith the Contract RD Zone and city codes. General landscaping
within building area shall be provided as per the city codes.
j. Vicinity map per Exhibit B including legal description.
CITY CLERK
Civic center
Edmonds, W.aslim-MOO
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LEGAL DESCRIPTION FOR G. JOHN DOCES
That portion of Tract 3, Lake McAleer Five -'Acre Tracts according
to the plat
thereof recorded in Volume 5 of Plats on Page 48, records of Snohomish
County,
Washington, described as follows: Beginning at the southeast
corner of said
Tract 3; thence NO*45'50"E, along the east line thereof 634.13
feet to a
point 10.00 feet south of the northeast corner of said tract;
thence N88*29156"W,
parallel with the north line of said Tract 3, 201.64 feet to a
point 130-00
feet east of the west line of said Tract 3; thence SO*43"57"W,
parallel with
said west line, 633-92 feet to the south line of said Tract 3;
thence %
S88*26'18"E, along said south line, 201-30 feet to the point of
beginning, -
Situate in Snohomish County, Washington..
Exhibit.. B
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LEGAL DESCRIPTION FOR G. JOHN DOCES
That portion of Tract 3, Lake McAleer Five -Acre Tracts according to the plat
thereof recorded in Volume 5 of Plats on Page 48, records of Snohomish County,
Washington, described as follows: Beginning at the southeast corner of said
Tract 3; thence NO°45'50"E, along the east line thereof 634.13 feet to a
point 10.00 feet south of the northeast corner of said tract; thence N88°29'56"W,
parallel with the north line of said Tract 3, 201.64 feet to a point 130.00
feet east of the west line of said Tract 3; thence SO°43•'57"W, parallel with
said west line, 633.92 feet to the south line of said Tract 3; thence
S88°26'18"E, along said south line, 201.30 feet to the point of beginning,
Situate in Snohomish County, Washington..
Exhibit A
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CITY CL!=F{K
--- — Civic renter
Edmonds, v,:,,s1iinf;t0tj
.0 AGREEMENT AND COVENANTS
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OThis is an Agreement and Covenants between DOCES
0 ENTERPRISES, INC., hereinafter referred to as "DOCES" and THE
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CITY OF EDMONDS, a municipal corporation, hereinafter referred
IN —
to as "EDMONDS".
W I T N E S S E T H:
WHEREAS, DOCES is engaged in the development of real
property in EDMONDS, including the following (hereinafter
called the "PROPERTY"):
[See attached Exhibit "B" for legal description,
which exhibit is by this reference incorporated
herein as if fully set forth.]
WHEREAS, DOCES has applied for a zoning reclassifi-
cation of PROPERTY from R.S. 8,000 to R.D., to permit construc-
tion of buildings within the use permitted by zoning classifi-
cation R.D. (Edmonds City Ordinance 12.13.070-090); and
WHEREAS, DOCES warrants that it is the owner of the
above described subject PROPERTY; and
WHEREAS, there is presently pending an action by
DOCES against EDMONDS in the Superior Court of Snohomish
County, Cause No. 109059, and it is the intent of the parties
to this Agreement and Covenants to resolve their dispute prior
to the entry of Findings, Conclusions and Judgment, which are
presently noted for presentation before the Honorable Thomas G.
McCrea, Judge of the Superior Court of Snohomish County, for
September 23, 1977; and
WHEREAS, the covenants of this Agreement and Covenants
are intended to constitute a basis for rezoning the PROPERTY
as set forth herein, and are intended to be in effect from the
effective date of such rezone, now, therefore,
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IT IS HEREBY AGREED AS FOLLOWS:
1. This Agreement and Covenants is tendered by
DOCES to EDMONDS, and accepted by EDMONDS, and all parties
agree it is applicable to the parties to this Agreement and
Covenants, their heirs, successors and assigns, both as to
duties and benefits. The terms of this Agreement and Covenants
shall be specifically enforceable as to all of the terms
except that no action for specific performance shall be allowed
as to improvement of the subject PROPERTY until such time as a
building permit is issued to DOCES, or its heirs, successors
and/or assigns.
2. EDMONDS shall be under no obligation to issue
DOCES or its successors or assigns the building permit for
improvements or expansion upon any of the subject PROPERTY of
DOCES unless such improvements lie within the terms hereof and
the applicable ordinances at the time of any application for
building permit.
3. This Agreement and Covenants and each part of
it shall be considered covenants running with the land covered
hereby and shall be binding upon the successors and assigns of
DOCES. It shall be recorded as a deed with the Snohomish
County Auditor in the grantor -grantee index with DOCES being
listed as grantor and EDMONDS as grantee and.all costs of such
recordation shall be paid by DOCES. Such recordation and pay-
ment of said costs shall be a condition precedent to DOCES
exercising any rights under the terms of this Agreement and
Covenants.
4. In consideration of EDMONDS reclassifying the
PROPERTY R.D., and for so long as the PROPERTY remains so
classified, DOCES covenants as follows:
*771.0030?_ - 2 - 9t� XrJy
(a) To assist the paving and other improvements
of 240th St. S.W. and/or 242nd St. S.W. by signing any petition
for formation of a local improvement district or utility local
improvement district for that purpose, or, in the event of any
formation by resolution, by forebearing to protest such forma-
tion and to pay the same prorata costs paid by the other
abutting property owners on the same basis. This provision is
applicable only to improvements, if any, made through the City
of Edmonds or other applicable governmental agency. The
parties agree that in the event of formation of one or more
LID's or ULID's, assessments levied against the property, or
any of it, shall conform to applicable statutes and all reme-
dies are reserved to DOCES to object to the prorata computa-
tion of specific assessments.
(b) To develop the subject PROPERTY in sub-
stantial accord with the form and design of the site plan set
forth in Exhibit "A" (including attachments thereto) attached
hereto and made a part hereof by this reference. DOCES re-
serves the right to make minor revisions in final plans subject
to the review and approval by City of Edmonds applicable govern-
mental agencies.
(c) Within the set back area shown on Exhibit "A"
and along the total east and west property line, a licensed
Landscape Architect shall prepare a landscape plan to include
but not be limited to the following:
(i) Preserve all existing trees
with trunk diameter in excess of 8 inches.
(ii) Preserve natural existing
landscaping as determined by the Landscape
Architect and satisfying all other criteria
set forth herein.
(iii) Provide visual landscaped
screening of subject site from the adja-
cent property open areas and improvements.
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(iv) Property line landscaping
shall be equally pleasing from east and
west elevation and shall be planned to
prevent long term overgrowth on adjacent
property.
(v) In addition to the above,
the west property line shall be developed
so as to provide noise screening between
the commercial activity at the adjacent
west property and the living units to the
east of the west property line. Soil
berms and/or other known means of noise
screening shall be used.
(vi) The above noted additional
landscaping requirements shall be subject
to the approval of the appropriate City of
Edmonds applicable governmental agencies.
(d) That all work to be done shall be in such
a manner that will cause no unusual noise or disturbance in
the area neighborhood and that no unsightly debris shall be
allowed to accumulate nor any nuisance be created.
(e) In no event to construct buildings or
structures (other than fences, walls, bulkheads or other
structures less than six (6) feet high) within 25 feet of the
east and west property line of the described property.
5. No applications shall be made by DOCES or
EDMONDS or their successors or assigns to amend this Agreement
and Covenants for a period of five (5) years from the date of
this Agreement and Covenants; except that DOCES may, within
the five years, make application filed in the same manner as a
rezone application to EDMONDS for the use of the subject
PROPERTY in any manner as permitted by Edmonds City Code Section
12.13.070 for other than two-family duplex or townhouse dwell-
ings. If such application is granted, then the terms, condi-
tions and covenants of this Agreement shall be null and void
and the parties shall then be bound by the applicable zoning
provisions of the City of Edmonds as to the subject property.
After the five-year period, either DOCES or its successors or
assigns,
or EDMONDS, may, upon
application filed in the same
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Civic Center
Edmonds, Washington
manner as a rezone application, apply to amend or terminate
the provisions and covenants of this Agreement and Covenants
or to change the zoning on said PROPERTY. Any application to
change or terminate the provisions and covenants or to rezone
said PROPERTY shall, as aforestated, 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 appli-
cation by either party shall not release the other or its
successors or its assigns from the obligations assumed under
this Agreement and Covenants.
6. EDMONDS will cause the necessary ordinances to
be enacted to rezone the described PROPERTY to R.D. for such
uses as are contemplated and intended by this Agreement and
Covenants and the attached Exhibit "A".
7. In the event either party must bring suit to
enforce any of the provisions of this Agreement and Covenants,
the prevailing party in said action shall be entitled to re-
imbursement of all costs for said litigation together with a
sum as and for reasonable attorneys fees.
IN WITNESS WHEREOF the parties have executed this
contract this \_-� day of CCt� ��&,, % , 1977.
DOCES ENTERPRISES, INC.
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G. John Doces, President
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THE CITY OF EDMONDS
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TEST:
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CITY C .
Civic Cents
Edmonds, l"vjs;iijj fon
STATE OF WASHINGTON )
ss:
County of
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On this 3(-) day of1977, before me,
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the undersigned, a Notary Public i a d foY` the State of
Washington, duly commissioned and sworn, personally appeared
G. JOHN DOCES, to me known to be the President of DOCES
ENTERPRISES, INC., the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation for the
uses and purposes therein mentioned, and on oath stated that
he was authorized to execute the said instrument and that the
seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal heret
day and year in this certificate above written.
Notary- Yuniic in ana r
Washington, residing a
STATE OF WASHINGTON )
ss:
County of Snohomish )
o fixed the
the StatA—L-'o,,����
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On this fday of , 1977, before me,
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
H. H. HARRISON and IRENE VARNEY MORAN, the Mayor and City
Clerk, respectively, of THE CITY OF EDMONDS, the 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 the said instrument and that the seal affixed is the
corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
R No ary P lic in and for t14e State dFrE�
Washingon, residing at '' ��c�r
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