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Ordinance 26810006.150.071 WSS/jib 08/30/88 ORDINANCE NO. 2681 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF 220TH STREET SOUTHWEST AND HIGHWAY 99, KNOWN AS THE IKEGAMI REZONE, FILE NO. R-1-88, FROM RM-2.4 (MULTI -FAMILY 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 as submitted and the Planning Board's recommendation. Adopted as the Council's Findings of Fact and Conclusions of Law, 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 R-M 2.4 (Multi -family Residential) to GC (General Commercial), WSS508370 -1- 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 Zoning 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 owners. 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 consisting of its title, in the City's official newspaper. �J APPROVED: Y // MAYOR ATTEST/AUTHENTICATED: G'CITY CLERK, JACQUELINE G. PARRETT WSS50837O -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: sceir 5xzak i FILED WITH THE CITY CLERK: August 30, 1988 PASSED BY THE CITY COUNCIL: September 13, 1988 PUBLISHED: September 26, 1988 EFFECTIVE DATE: October 1, 1988 ORDINANCE NO. 26si WSS50837O —3— EXHIBIT A FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF EDMONDS REZONE CITY OF EDMONDS FILE: #R-1-88 (Revised) After notification in conformance with law, the Planning Board of the City of Edmonds conducted a public hearing on May 25, 1988 on the contract rezone application of the the Doug Ikegami. The applicant has requested approval of a proposal to establish General Commercial (CG) zoning for property located at west of 22130 Highway 99. Based upon the evidence presented thereat, the Planning Board makes the following findings of fact: FINDINGS OF FACT 1. The rezone area is located southwest of the intersection of 220th St. S.W. and Highway 99. The site contains .96'acres of land.. There are two buildings located on the property. The subject property is currently zoned RM-2.4 (Multiple Family). 2_ The area is bordered by commercial development to the east. The remaining areas to the north, south and west are a mixture of multiple family and single family residential uses. 3. A mitigated determination of nonsignificance has been issued by the City on the rezone request. 4. The subject property is designated by the Comprehensive Plan Map as High Density Residential. The area to the east is designated as Highway 99 Commercial./High Rise Node. 5. The applicant intends to incorporate the subject property into his intended development -of a new car dealership on the commercially zoned property located to the east along Highway 99. The applicant has requested that, as part of the rezone request, a concomitant agreement will be recorded affecting the property. The agreement limits the uses on the property, along with other restrictions dealing with buffering, noise and traffic. 5_ Opposition was expressed by residential property owners and tenants located to the north, south and west. Concerns centered on noise, traffic and buffering. 6. The subject property is physically suited for development under both the existing or proposed commercial zoning. CONCLUSIONS OF LAW 1. Based upon concerns due to access, traffic, buffering and noise, an outright rezone to CG zoning would be in conflict with the ' Planning Board C ,ommendation age 2 #R-1-88 (Revised) Comprehensive Plan. The proposed contract rezone would allow development more consistent with the Comprehensive Plan. 2. Opposition to'the rezone has been expressed by the surrounding residents. Their concerns centered on the proposed access onto 76th Ave. W., noise, and the incompatibility of land uses. 3. With proper conditions, no significant adverse environmental impact will result from the rezone request. The applicant has revised the rezone request to a contract rezone which has addressed most of the concerns of the residential neighborhood. 4. The Planning Board supports the concept of a contract rezone on --- the subject property. 5. A contract rezone is the most appropriate action, if the subject property is to be rezoned for commercial use. RECOMMENDATION TO THE CITY COUNCIL The Planning Board of the City of Edmonds recommends to the City Council that revised Rezone Application R-1-88 be approved. The Board futher recommends that the Architectural Design Board consider the following three items in review of this project: 1. Buffering on the north, south, and west sides of the property and the visual impact and topography and how that may or may not assist in the elimination of those impacts. 2. How the access route -is being improved, and buffering for the homes from the access point to 76th Avenue West. .3. Review the sections in the code regarding noise, light and glare concerns as they impact this site and adjacent property. This recommendation was passed by the Planning Board, four to two, with Sharon Claussen and William Mathias opposing the motion. PASSED the 25th day of May, 1988. CHAIR EDM NVLMER, PLANNING BOARD PBRECRIR/TXTDVB51 EXHIBIT "B" That portion of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., Snohomish County, Washington, described as follows: COMMENCING at the Northwest corner of the Northwest quarter of the Northwest quarter of the Southwest quarter of said section; thence South 0044132" East along the West line of said subdivi- sion and the centerline of 76th Avenue West a distance of 591.00 feet; thence South 89°06148" East 154.00 feet to the POINT OF BEGINNING; thence continuing South 89006148" East 76.00 feet; thence North 0044136" West 46.00 feet to the South boundary of Swan's Addition, according to the plat thereof recorded in Volume 16 of Plats, Page 110, Records of said County; thence South 89°06148" East along said plat boundary 106.85 feet to the East line of the West half of said Northwest quarter of the Northwest quarter of the Southwest quarter; thence South 0037110" East along said East line and the East line of the West half of the Southwest quarter of the Northwest quarter of the Southwest quarter of said section a total distance of 244.12 feet to a point which bears South 89106113" East 336.33 feet and North 0044132" West 542.16 feet from the Southwest corner of said Southwest quarter of the Northwest quarter of the southwest quarter; thence North 89006113" West 190.00 feet; thence North 1°28138" East 198.04 feet to the POINT OF BEGINNING. Filed for record at request of: City of Edmonds 250 Fifth Avenue N.E. Edmonds, Washington 98020 CONCOMITANT REZONE AGREEMENT of oThis Agreement is made and entered into thisz:�63ay w , 1988 by F. DOUGLAS IKEGAMI and PATRICIA IKEGAMI, husband and wife, hereinafter referred to as "Owner". RECITALS A. Owner is the holder of an agreement to acquire by way of like kind exchange property located at 22005 - 76th Avenue West, Edmonds, Washington (the "Property"). The Property is owned by Robert E. Bolz and Margaret B. Bolz, husband and wife, and is legally described as follows: That portion of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., Snohomish County, Washington, described as follows: COMMENCING at the Northwest corner of the Northwest quarter of the Northwest quarter of the Southwest quarter of said section; thence South 0*44132" East along the West line of said subdivi- sion and the centerline of 76th Avenue West a distance of 591.00 feet; thence South 89106'48" East 154.00 feet to the POINT OF BEGINNING; thence continuing South 89006'48" East 76.00 feet; thence North 0144'36" West 46.00 feet to the South boundary of Swan's Addition, according to the plat thereof recorded in Volume 16 of Plats, Page 110, Records of said County; thence South 89006'48" East along said plat boundary 106.85 feet to the East line of the West half of said Northwest quarter of the Northwest quarter of the Southwest quarter; thence South 0037'10" East along said East line and the East line of the West half of the Southwest quarter of the Northwest quarter of the Southwest quarter of said section a total distance of 244.12 feet to a point which bears South 89106'13" East 336.33 feet and North 0044'32" West 542.16 feet from the Southwest corner of said Southwest quarter of the Northwest quarter of the southwest quarter; thence North 89006'13" West 190.00 feet; thence North 1028'38" East 198.04 feet to the POINT OF BEGINNING. B. Owner has applied to the City of Edmonds for a rezone of the Property from the Multiple Residential Classifica- tion (RM 2.4) to the General Commercial Classification (Contract CG) subject to this Agreement. This Concomitant Zoning Agreement has been freely and voluntarily offered by the Owner to the City of Edmonds in conjunction with its application for zoning. This -1- &X/V/r0/T L­, Concomitant Zoning Agreement is not offered as consideration for any approval on behalf of the City and acceptance thereof shall not bind the City in the exercise of its legislative and quasi judicial discretion. C. The City of Edmonds has found that this rezone is in the public interest, provided that development of the Property is planned and implemented in accordance with the standards, conditions and requirements set forth in this Agreement, which shall be an integral part of the zoning restrictions applicable to the Property. D. The Property adjoins other property to the east. This eastern property in turn abuts the western boundary of Highway 99. It is the intent of the Owner to construct on this abutting property and the Property an automobile dealership. AGREEMENT The Owner hereby agrees as follows: 1. Oil and Gas Storage. There shall be no storage tanks for oil, gas or other petroleum products on the Property. 2. Noise. There shall be no outside loudspeakers, telephone bells or similar devices permitted on the Property. The Property shall comply with all City of Edmonds' ordinances regarding noise levels, as they may exist from time to time. 3. Highway 99 Access. Trucks and other commercial vehicles shall enter and exit the Property only from Highway 99. Sufficient turnaround space shall be provided on the Property or on the adjacent property referred to in paragraph D above. 4. Use. Use of the Property shall be limited to auto- mobile parking, new and used car preparation, reconditioning and related uses, together with all other uses permitted under the Property's present Multiple Residential Classification (RM 2.4), and no other use whatsoever. 5. Existing Frame Building. The existing frame build- ing on the Property located closest to 76th Avenue West shall substantially retain its current appearance from 76th Avenue West. Any auto access to this building shall be from the east side of the building. Any significant changes in the exterior of the existing framed' building shall be approved by the Architectural Design Board in accordance with the provisions of City Ordinance. 6. Access From 76th Avenue West. There currently exists a curb cut driveway off 76th Avenue West into the -2- Property. This access shall be closed by a gate, chain or other device at the West boundary of Property by Owner by 7:00 p.m. to no earlier than 7:00 a.m. the following day (except in case of emergency). A directional sign shall be constructed and located adjacent to 76th Avenue West indicating that access to the busi- ness located on the Property is from Highway 99. 7. Site Plan Review. A Site Plan for development on the Property, and any amendments thereto, shall be subject to review and approval by the Architectural Design Board. The Site Plan shall include such landscape buffers as may be agreed upon or which may be required as a condition of Site Plan approval by the Architectural Design Board. 8. Legal Requirements. The Owner, his heirs, suc- cessors, or 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 superceding said ordinances or regulations nor shall acceptance hereof waive any right which the City may have at law or ordinance. 9. Recording. This Agreement shall be recorded with 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 or assigns. 10. 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 reme- dies, the City of Edmonds may also elect to bring an action or actions that will accomplish a specific performance of this Agreement. 11. Construction of Agreement. This Agreement is con- comitant with the action of the Edmonds City Council in rezoning the Property to General Commercial Classification. Nothing herein contained shall be construed as being agreed to in con- sideration for said rezone, nor does the City relinquish its legislative power with respect to said rezone in consideration of this Agreement. -3- 12. Buffers. All landscape buffers and setbacks shall comply with City Ordinances. Buffers shall be installed and maintained in accordance with the approvals of the Architectural Design Board. F ✓D.OUGI.&S" IKEGAMI ICIA IKEGAMI STATE OF WASHINGTON ] } ss. COUNTY OF SNOHOMISH } I certify that I know or have satisfactory evidence that F. DOUGLAS IKEGAMI and PATRICIA IKEGAMI, husband and wife, signed this instrument and acknowledged it to be their free and volun- tary act for the uses and purposes therein mentioned. SUBS RIBED AND SWORN to before me this,u day of J , 1988. NOTARY PUB C in and for the State of Was' �l residing at h My commission expires 4-a i -Bq ACCEPTED BY THE CITY OF EDMONDS: a ATTEST wo2klool Ms. pop OR@ " "-f. mro"o- � mor -4- Affidavit of Publication STATE OF WASHINGTON, 7 ss COUNTY OF SNOHOMISH, ` The undersigned, being first duly sworn on oath deposes and says MMARRYY - that she is Principal Clerk of THE HERALD, a daily newspaper IAn easy oi2eet nd9, Woshlnafon printed and published in the City of Everett, County of Snohomish, daycouncil o�m�r' and State of Washington; that said newspaper is a newspaper of ty psseddie nce h ppssed Ordinance d summary of the pt solthed o graldes general circulation in said County and State; that said newspaper 1INANCE Or THE has been approved as a legal newspaper by order of the Superior OF EDMONOS GTON, .A�nuiur. Court of Snohomish County and that the notice ....................... SUMMARY OF ORDINANCE NO. 2681 ........... ........... ----......... ............................................•--........... AUTHORIZINGEXI=LV <<vn OF A CONComiTANT ...............................................................•---.........--•--•--•--•-----•--•---•--•--.....................•...... xONING AGREEMENT AND ESTABLISHING AN EFFEC- a printed co of which is hereunto attached was 1�Y published in said TIVE DATE The Tull text of the Ordlnoata efull newspaper proper and not in supplement form, in the regular and will be mailed upan r uest. DATED ifils 13fh day ° `bs�efn 9 B entire edition of said paper on the following days and times, namely: ]AWELINE G. PARRETT City Clerk EXHIBIT "B" Tl+at portion Of the NOrfh• west Quorfar of the South. SEPTEMBER 2 6 th r 1988 west quarter of Section N, ............................................... west corner of the West quarfar of Mre Nothe SSaythweef Oruorrter dOf Sold and that said n &}]agar was regularly distributed to its subscribers agolon- thence South 0 ones cost along tine watt during all g s -d : period. Itne of sold subdlvlslon and ,• 4 �_ the Centerline o1 761h Avenue Wesi a d$starl a 591.00 i , thence SOuttl E94a6'18" East 154.00 Seat to .................. r ........4•......._............... the POINT OF BEGINNING; Principal Clerk Then.4 Continuing Sputh '�06'4a" East %" %x thence Nerfh 0,44136" Wiii 2 % t h 46.00 }eel to " SOufh I 6qundary of $won's Subscribed and sworn to before me this ............................ AddWon, OCCOding to the plat lttereat recorded In Volume 16 of PI?di Pace SE �EMBE R 88 11i1, Records dt sold i4,a, umv We, South 89^05'48 EasS' day of .............. 19......... Wongq said OOf Bold North- west I - :,.y....'r �••••.••••••. •.� 10 5 taef to the East Ilne O1 the West hail Of said North- I L west quarter of the North- west quarter of the South- South i y'' West R�r ; M+enCe SOUHt .. ....... -:L. _:":..., _.. �`o xth .... �?�•-'w.�.�� 0.37'1011 east along Bald Not Public�n and .the Sta a of Washington, I East line and the EOLt Ilne Ot the West ho1F of the South- r@§ in'g at Ev nett, Snohomish County. was► quarter of the North- / , west q r�+nr *,,the So lh- d ,• v IA wrFlan cmner or w1v quarter of the Wrier of the 1988. B-2-1