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Ordinance 2015ORDINANCE NO. 2015 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS, WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN SAID CITY FROM MULTIPLE FAMILY LOW DENSITY (RML) TO NEIGHBORHOOD BUSINESS (BN) AND BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN OTHER PROPERTY LOCATED WITHIN SAID CITY FROM GENERAL COMMERCIAL (CG) TO MULTIPLE FAMILY LOW DENSITY (RML), PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 598, AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANTS. WHEREAS, Pursuant to Planning Commission Resolution No. 599, a public hearing was called by the City Council of the City of Edmonds, Washington, and at the conclusion of said hearing the City Council having determined as follows: 1. That the proposed zoning changes conform with the intent of the Comprehensive Plan; 2. That the property presently zoned RML is not desirable for multiple family uses and is more suited for business and professional development. 3. Market analysis of the property presently zoned "CG" indicates that it is not well suited for commercial use and would be better suited to multi family uses. 4. The proposed zoning changes bear a reasonable relationship to the zoning and uses of surrounding and nearby properties; 5. That the proposed zoning changes will not be detrimental to the public health, safety, morals or welfare and will be compatible with the surrounding property with the restrictions imposed in the concomitant agreement; 6. That there are no significant adverse environ- mental impacts to the surrounding properties either within or without the jurisdiction of the City of Edmonds, which will be directly affected by the proposed use of the property with certain additional limitations imposed by contract tendered by the owner to the City, 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, be and the same is hereby amended by changing the zoning classification of the following described parcels of property all situate in the City of Edmonds, Snohomich County, Washington, as follows: 1. Parcel No. 1 changed from Multiple Family Low Density (RML) to Neighborhood Business (BN). 2. Parcel No. 2 changed from General Commercial (CG) to Multiple Family Low Density (RML). The legal descriptions for Parcel 1 and Parcel 2 are set forth on Exhibit 1 attached hereto and incorporated in full by this reference. Section 2. The Director of Community Development and the Director of Public Works are hereby authorized and directed to effectuate the necessary amendments to the Official Zoning Map of the City, pursuant to this ordinance. -2- 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 six typewritten pages and an attached Exhibit "A" consisting of a site plan of two pages relating to the above described properties, which was executed by the owners of said property on the day of August, 1978, and tendered to the City. The City Clerk is further directed to record said agreement with the Snohomish County Auditor as a covenant running with the land. The cost of recordation shall be paid by the owners. Section 4. This ordinance shall be in full force and effect five days after passage and publication by posting as provided by law. APPROVED: { MAYOR, H. H. Harrison ATTEST/AUTHENT CATED: zl- LCITY CLERK, lrmene--V-a-r3'tey—Mor"-an. APPROVED AS TO FORM: OFF EF THE �C/ITY ATTORNEY By�Mj I.f Vl FILED WITH THE CITY CLERK: August 10, 1978 PASSED BY THE CITY COUNCIL: August 15, 1978 POSTED: August 17, 1978 EFFECTIVE DATE: August 22, 1978 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ss: COUNTY OF SNOHOMISH-R-ENE -VARNE-Y"MRAN / ) , 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. On the 14 ' day of tcc c 197 8 , affiant posted true and correct copies of the attached Ordinance No. passed) by the City Council on the / �day of 197 8, at the three 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 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this day ofGC r , 1978 SUBSCRIBED AND SWORN to before me this day of 1 197 r Notary Pub1i irk d for the State of ashig n, residing at "V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 iN fr T Attorneys at Law OSP/Gi.+/R-L rk !�-G ,O Fi.D E= D CITY CLERK Center NO SALES TA)( Edmonlds. Washington '1 REQUIRED f;: 1 AUG 11970 iURIL $J 1 ' �"rJOILLO 1IS11 00,ullp IF!asur:r. E F .._ _ "74 'fY. fiy '1 17repay AGREEMENT AND COVENANTS IN THE NATURE OF A CONTRACT REZONE This is an Agreement and Covenants between LAPIERRE INDUSTRIES, INC., hereinafter referred to as "LAPIERRE" and the CITY OF EDMONDS, a municipal corporation, hereinafter referred to as "EDMONDS", W I T N E S S E T H: WHEREAS, LAPIERRE is engaged in the development of two parcels of real property in Edmonds, including the following: Parcel One consists of .93 acres described as follows: Lots 1 & 2, Forshee's Upland Tracts, according to the plat thereof recorded in Volume 13 of Plats, page 57, records of Snohomish County, Washington; EXCEPT that portion of said Lot 2 lying north of the easterly production of the south line of Lot 3 in said plat and lying westerly of a line parallel with and 165.00 feet easterly, as measured along the north line of said Lots 2 and 3, of the west line of said Lot 3, comprising approximately 0.93 acres. Parcel Two consists of 12.26 acres described as follows: 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 to the 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" W. 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 described; TOGETHER WITH Tract 4 of said Solner's Five -Acre Tracts; EXCEPT the west 100.00 feet of the North 216.00 feet; and EXCEPT the north 159.00 feet of the remainder; Situate in Snohomish County, Washington. WHEREAS, LAPIERRE has applied for a change in the zoning of Parcel One from its current RML classification to BN and of Parcel Two, from its current CG classification to RML; and WHEREAS, EDMONDS has caused the application in its entirety, P rU6830 D2 8 8 Williams & Thomson Inc. P.S. 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151 CITY CLERK Civic Center Edmonds, Washington i 1 including, but not limited to the Environmental Checklist, to r 2 be reviewed by its Planning and Engineering departments and 3 has fully considered recommendations made after such staff 4 review; 5 WHEREAS, LAPIERRE has determined a willingness and ability 6 to implement certain of the aforementioned staff recommendations 7 in the course of its proposed development in the event its 8 requested rezone is approved; and 9 WHEREAS, LAPIERRE and EDMONDS are willing to enter into 10 an agreementin the nature of a contract rezone reclassifying 11 Parcel One from RML to BN and Parcel Two from CG to RML, now, 12 therefore, 13 IT IS HEREBY AGREED AS FOLLOWS: 14 1. This Agreement is tendered by LAPIERRE to EDMONDS and 15 accepted by EDMONDS, and all parties agree it is applicable 16 to the parties to this agreement, their heirs, successors and 17 assigns, both as to duties and benefits. The terms of this 18 agreement shall be specifically enforceable. 19 2. EDMONDS shall be under no obligation to issue LAPIERRE 20 or its successors or assigns a building permit for improvements 21 or expansion upon any of the subject property of LAPIERRE 22 unless such improvements lie within the terms hereof and the 23 applicable ordinances at the time of any application for building 24 permit, or other permits or approvals. 25 3. This agreement and each part of it shall be considered 26 covenants running with the land covered hereby and shall be 27 binding upon the successors and assigns of LAPIERRE. It shall 28 be recorded with the Snohomish County Auditor in the grantor/ 29 grantee index with LAPIERRE being listed as grantor and EDMONDS9 30 = as grantee and all costs of such recordation shall be paid by = 31 LAPIERRE. Such recordation and payment of said costs shall be 32 W & T Page 2, Williams & Thomson Inc. P.S. Attorneys at Law 7808300288 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151 CITY CLERK CIVIC Center Edmonds, washington I a condition precedent to LAPIERRE exercising any rights under 2 the terms of this agreement. 3 4. In consideration of EDMONDS reclassifying Parcel One 4 from RML to BN and Parcel Two from CG to RML, and for so long 5 as the property remains so classified, LAPIERRE covenants as 6 follows: 7 (a) To develop the subject property in substantial 8 accord with the form and design of the site plan set forth 9 in Exhibit "A" (including attachments thereto) attached hereto 10 and made a part hereof by this reference. LAPIERRE reserves 11 the right to make minor revisions in final plans subject to 12 EDMONDS' review. Such development will include substantial 13 landscaping at a cost which is presently estimated by LAPIERRE 14 at $100,000.00, recreation areas, parking provisions, fire 15 protection measures and all other necessary on-site improvements. 16 (b) To improve 72nd Avenue West, from the inter - 17 section of 212th S. W. to the south property line of the subject 18 36 �'4 property, to a 3� f of paved section constructed to City 19 standards; to align and connect the new curb on 72nd Avenue West 20 to the existing curb on 212th Street S. W. 21 (c) To place approved "No Parking" signs on 22 both sides of 72nd Avenue West as directed by EDMONDS. 23 (d) To apply traffic control stripes to the 24 intersection of 212th Street S. W. and 72nd Avenue West; 72nd 25 Avenue West northbound to two lanes, marked for a right turn 26 only lane, and a through and left turn lane for a distance 27 of approximately 50 feet south from the southerly margin of 28 212th Street S. W.; all of the foregoing improvements to be 29 to City standards. 30 (e) To provide "Right Turn Only" signs at access 31 ry 32 voA371 PACED 14 W & T Page 3, Williams & Thomson Inc. P.S. Attoineys at Iaw YA0830 0 2 8 8 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151 CIN CLERK Civic Center Edmonds, Washington 1 points onto 212th Street S. W. frau Parcel One. 2 (f) To construct to City standards a canent barrier along the 3 center line of 212th Street S. W. a distance of 360 feet easterly frau its 4 intersection with 76th Avenue West. LAPIERRE specifically agrees to waive 5 or forbear fran any objection to future extensions of the aforementioned cement 6 barrier beyond its above stated length, in the event EDMONDS should propose 7 any such extension. 8 (g) To pay a proportionate share of the cost of improvements to 9 the existing sewer system, based upon one of the following methods, whichever 10 is greater: 11 (1) The ratio of the land area of the subject property compared 12 to the total land area of the property to be served by such sewer system 13 improvement. 14 (2) The ratio of the potential equivalent residential customer 15 count in the land area of the subject property compared to the total potential 16 equivalent residential customer count in the total land area of the property 17 served by such improvarent, considered in light of the zoning in effect at the 18 time such improvement is conpleted. All in accordance with the determination 19 of the Edmonds Public Works Department. 20 (h) All work shall be done in such manner that no unusual noise or 21 disturbance will be caused and no unsightly debris allowed to accumulate nor 22 any nuisance created in the area neighborhood. 23 (i) To provide a minimum building setback of 20 feet frau all 24 property lines in Parcel Two. 25 (]) Parcel One uses shall be limited to business offices, profession - 26 al office and clinics and any type of enterprise rendering professional or per - 27 sonal services as providcd in City of Edmonds Ordinance 12.13.150 (2). 28 29 5. No applications shall be made by LAPIERRE or EDMONDS o 30 their successors or assigns to amend for a period of two years CCD from the date hereof. Thereafter, either LAPIERRE or its 31 T-•1 32 successors or assigns, or EDMONDS may, upon application filed C in the same manner as a rezone application, apply to amend or W & T Williams & Thomson Inc. P.S. P08319 0 2 8 9 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151 Attorneys at Law Page 4, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 TN F. T II Attorneys at Law II CITY CLERK Civic Center Edmonds, washinpton terminate the provisions and covenants of this agreement or to change the zoning on said property. Said 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 action by either party shall not release the other or its successors or its assigns from the obligations assumed under this agreement, unless and until such application shall be duly approved by EDMONDS. 6. EDMONDS will cause the necessary ordinances to be enacted to rezone from Parcel One to BN and Parcel Two to RML for those allowed uses as defined and permitted by the Edmonds Zoning Code in effect at the time of this contract, and for such uses as are contemplated and intended by this agreement and the attached Exhibit "A". s Cln,�• 7. In the event ;�must bring s it to ppforce any of the provisions of t, is agreement, -tie prevail�g- urti 1 •F ti•�(. in said actio '11f., beVntitled to reimbursement 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 /6-1,Z day of t15-1 , 1978. Page 5 �80830ot, ,);, Pres e CITY OF • By "Mayor ATTEST: ,y Edmonds City Clerk (] VOL1371 FAA74 Williams £T Thomson Inc. P.S. 143 - 5th Ave. North, Edmonds, WA 98020 (206) 778-1151 2 3 4 5 6 7 �1 12 13 14 15 16 17 18 19 20 21 22 23 CITY CLERK Civic Center Edmonds, Washington STATE OF WASHINGTON County of 5_A1o40,e $ H f ss. On this_Ll��day of !`, u&u s'7 1978 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ALBERT L. LAPIERRE to me known to be the President of LAPIERRE INDUSTRIES, 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 the said instrument and that the seal affixed is the x'61'$ate seal of said corporation. yY�E�S my hand and official seal hereto affixed the �!+ rdyy:ar in this certificate above written. eUfii1� V OF..� r,renront'�.... �y NOTARY PUBLIC in and for the State ..,,��.. ,.�. of Washington, residing at Edmonds. STATE OF WASHINGTON ) ss. County of Snohomish On this /0'3! day of,, u.¢ , 1978, before me, the under- signed a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared H. H. HARRISON and JACQUELINE PARRETT, the Mayor and;,�ffity 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. 210 r\ J 25 as,oh I{A.�.` ¢� ` I i'.� M Cs 8 OF MASA - 29 30 31 32 W&T Page 6. Atiotneys at Law 11 780830 0? `1 NOTARY PUBLW in and for the State of Washington, residing at Edmonds. VOL 13 11 PAGE 675 Williams & Thomson Inc. 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