Loading...
Ordinance 2249MAE/lac 11/16/81 ORDINANCE NO. 2249 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS, WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION OF CER- TAIN PROPERTY LOCATED WITHIN SAID CITY FROM MULTI -FAMILY RESIDENTIAL (RM-2.4) TO GEN- ERAL COMMERCIAL (CG) AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANTS, PURSUANT TO PLANNING ADVISORY BOARD RESO- LUTION NO. 669 WHEREAS, the Edmonds Planning Advisory Board has held a public hearing and has forwarded its recommendations to the City Council, and WHEREAS, a public hearing was called by the City Council of the City of Edmonds, Washington, and after con- sidering the Planning Advisory Board's findings and recom- mendations, the City Council determined the following: 1. That the findings of fact and conclusions of the Planning Advisory Board contained in Planning Advisory Board Resolution No. 669 are correct and the same are hereby adopted by the City Council and incorporated by this reference as if set forth in full, except that the first sentence of Finding of Fact VI(1) of said resolution is not to be the finding of this City Council, and, instead, this Council finds that the street proposed for parcel "D" will be constructed to meet City standards in a fifty foot right of way with curb to curb paving, curbs, gutters and a sidewalk on one side if Parcel "D" is developed as a Park and Ride Lot, but if Parcel "D" is not developed as a Park and Ride Lot, said street shall be constructed to meet city standards in a sixty foot right of way with pavement curb to curb, gutters and sidewalks on both sides. 2. That the proposed rezone, as limited by the concomitant zoning agreement tendered to the City by the owners of the subject property, will allow development which is compatible with adjoining uses and is appropriate for the area. 3. The proposed zoning change, as limited by the concomitant zoning agreement, bears a reasonable rela- tionship to the zoning and uses of the surrounding and nearby properties and will not be detrimental to adjoining properties or uses. 4. That in accordance with the findings of the City's responsible official, there will be 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 of the City of Edmonds, Washington, is hereby amended by changing the zoning classification of certain property situated in the City of Edmonds, Washington, from Multi -Family residential (RM-2.4) to General Commercial (CG) whose legal description is set forth in Exhibit A and incorporated by reference as if set forth fully herein. Section 2. The Director of Planning and the Director of Public Works are hereby authorized and directed -2- to effectuate the necessary amendments to the official zoning map of the City, pursuant to this ordinance. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest that certain document entitled "Agreement and Covenants in the Nature of a Contract Rezone" consisting of 7 typewritten pages which was executed by the owners of the subject property on the 17th day of November 1981, and tendered to the City. The City Clerk is further directed to record the document with the Snohomish County Auditor as a covenant running with the land. All costs of recording shall be paid by the owner. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: I � MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: ,--i # 4:1 C " 4 , ,,, ) CITY CLERK, IRENE VRNEY MORA APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 1-1 FILED WITH THE CITY CLERK: November 17, 1981 PASSED BY THE CITY COUNCIL: November 17, 1981 POSTED: November 18, 1981 EFFECTIVE DATE: November 23, 1981 -3- EXHIBIT A All -of Tract 3 and that portion of Tract 2, Solner's Five Acre Tracts according to the plat thereof recorded in Volume 7 of Plats on - page 25, records of Snohomish County, Washington, lying- southerly and easterly of a line which begins at a point on the north line of.Tract 2, S 88' 52' 14" E 585.00 feet from the northwest corner of Lot 3 of: Forshee's Upland Tracts according tothe plat thereof recorded in Volume 13 of Plats on page 57, records of said County; thence S 0° 25' 10" W, parallel with the west line of said Tract 2, a distance of 125.00 feet; thence S 690 28' 51" «. 291.38 feet to the west line of said Tract 2 at the southeast -corner of Lot 1 of said Forshee.'s'Upland Tracts and the terminus of the line herein O escribed; TOGETHFR•V7ITH Tract 4 of saicl Solner's Five -Acre Tracts; EXCEPT the west 100.00 feet. -of the North 216.00 feet; and I EXCEPT the north 159.00 feet of the remainder; Situate in Snohomish County, Washington. AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 18 day of November , 1981, affiant posted true and correct copies of the attached Ordinance No. 2249, passed by the City Council on the 17 day of November , 1981 , at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 18 day of November , 1981 . SUBSCRIBED AND SWORN to before me this day of 19$ / . N&tary Public in and for the State of Washington, residing at e' -A