Ordinance 32170006.150.04B
WSS /gjz
07/07/98
ORDINANCE NO. 3217
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 PARK REZONE, N0. R- 97 -28,
FROM RS -12 (SINGLE FAMILY RESIDENTIAL 12',000
SQUARE FEET) TO RS -8 (SINGLE FAMILY RESIDENTIAL
8,000 SQUARE FEET); 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 hereby adopts the Findings and Conclusions of its Planning
Board amended to acknowledge the withdrawal of property located at 18305 - 80th Ave. W.,
Edmonds, Washington, owned by Mr. and Mrs. James L. Thompson, husband and wife, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
198910 1
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 to change
the zoning classification of certain property hereinafter described from RS -12 (single family
residential 12,000 sq. ft.) to RS -8 (single- family residential 8,000 sq. ft.), subject to the
Concomitant Zoning Agreement, Exhibit A executed and recorded as provided herein. The legal
description of the property rezoned is set forth in Exhibit A, 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 "Agreement and Covenants," attached hereto as Exhibit B and
incorporated herein by this reference as if set forth in full. The City Clerk is further directed
to record said Concomitant Zoning Agreement in the land records of Snohomish County 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
its publication, or publication of a summary thereof consisting of its title, in the City's official
newspaper.
APPROVED:
i
MAYOR, BARBARA
198910 2
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
WITH THE CITY CLERK:
COUNCIL:
PASSED BY THE CITY
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3217
07/17/98
07/21/98
07/26/98
07/31/98
198910 3
SUMMARY OF ORDINANCE NO. 3217
of the City of Edmonds, Washington
On the 21 st day of July , 199 8 , the City Council of the City of Edmonds,
passed Ordinance No. 3217 A summary of the content of said ordinance, consisting
of the title, provides as follows:
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 PARK
REZONE, N0. R- 97 -28, FROM RS -12 (SINGLE FAMILY RESIDENTIAL 12000 SQUARE
FEET) TO RS -8 (SINGLE FAMILY RESIDENTIAL 8,000 SQUARE FEET); AUTHORIZING
EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of July , 199 8 .
CLERK, SANDRA S. CHASE
4
AGREEMENT AND COVENANT CONSTITUTING
A CONTRACT REZONE
This agreement contain the covenants entered into between Dr. and Mrs. Han Z.
Park, Mr. and Mrs. Russell C. Kim, and City of Edmonds, Washington A Municipal
Corporation, hereafter referred as "The Owners" and City of Edmonds, A Municipal
Corporation, hereafter referred to as "The City ",
WITNESSETH
Whereas, The Owners proposes the development of approximately 5.8 acres of real property
in Edmonds, generally located at 7704 Olympic View Dr., 18408 79 1h Pl. W., and a vacant parcel
between 18305 and 18325 80th Ave. W. in the City of Edmonds, all being more specially described by
Exhibit A attached hereto.
Whereas, The Owners have applied for a change in zoning of the subject property from its
current Single Family Residential 12,000 sq. ft. ( RS -12 )- classification to Single Family Residential
8,000 sq. ft. ( RS -8 ); and
Whereas The City has caused the application in its entirety, including, but not limited to the
environmental check list, to be reviewed by its Planning and Engineering Department and by its
Planning Board, and has fully considered recommendation made after such review; and
Whereas, on April 21, 1998, the City Council of Edmonds found that the rezone request
specified above and modified pursuant to the conditions set forth in this agreement does not adversely
affect the public health, safety, general welfare and also not sufficiently change the character of the
surround areas; and
Whereas, The Owners voluntarily tender this agreement and are willing and able. to
implement the terms of this agreement in the course of development; and
Whereas, The Owners and The City are willing to enter into an Agreement for a Contract
Rezone; and
Now, Therefore,
It is hereby agreed as follows:
;I
1. In Consideration of the City reclassifying the subject property from RS -12 to RS -8, and for so long
as the property remains so classified, The Owners covenant as follows:
1.1 To limit the use of such property to Single Family Residential uses as defined under the
Edmonds Community Development Code (ECDC) as the same exists or is hereafter amended; and that
development of the subject property shall be consistent with an approved Planned Residential
Development (PRD) application.
1.2 The building pads shall occupy a maximum of 21% of the net buildable area. Net
buildable area means the total area of property minus right of way area in accordance with Edmonds
City Development Code ( ECDC ).
1.3 A landscaping plan shall be implemented for both entrances. The landscaping shall be
maintained by a Homeowner's Association to be formed.
1.4 The Owners shall pay for the widening of preexisting 20 feet wide 184th Street SW to
width of 40 feet. The street shall connect 801h Ave. W. to Olympic View Dr. The easterly half of 184th
Street, which is currently closed, shall be relocated to fit a newly created contour and grading as
depicted and in accordance with Findings of ST 96 -77 and ST 96 -78. The finished street shall be
dedicated to The City upon its completion.
1.5 A private cul -de -sac as depicted in ST 96 -77 and ST 96 -78 shall be constructed and it's
north end shall be connected to a revised 184th Street SW.
1.6 All residential structures shall be designed and constructed in a style and theme consistent
with the approved PRD.
1.7 The maximum height of any permitted structure shall be 25 feet measured from average
grade in accordance with ECDC.
1.8 Sidewalks, gutters, street lights and signs required by ECDC and the approval process
shall be supplied and constructed by The Owners.
2. Expect as provided in paragraph 1.1, no amendment to this agreement may be made by The
Owners, or their heirs, successors or their assigns to amend the underlying zoning of RS 8 for a period
of two years from date of this agreement. Thereafter, either The Owners or their heirs, successors or
their assigns may, upon application filed in the same manner as rezone application, apply to amend or
terminate the provisions of this agreement or to change the zoning on said property. Said application
shall be heard in accordance with application requirements for any other rezone of property in the
City of Edmonds.
3. The City shall be under no obligation to issue The Owners or their heirs, successors or their
assigns a building permit unless The Owners fully comply with the terms of this agreement and the
applicable ordinance in effect at the time of approval of this rezone.
;i
4. This agreement and each part of it shall be considered as covenants running with the land
covered hereby above and shall be binding upon The Owners, their heirs, successors and assigns. It
.shall be recorded with the Snohomish County Auditor in the Grantor /Grantee index with The Owners
being listed as. Grantor and The City as Grantee. Such recordation and payment of said costs shall be
a condition precedent to the exercise of development by The Owner. In the event of transfer of
ownership, the rights and obligations of this Agreement shall be assumed by the new Owner.
5. The term of this agreement may be specifically enforced. If either party shall bring suit to
enforce any of the provisions of this agreement, the prevailing party shall be entitled reimbursement
for all cost of said litigation together with a sum for reasonable attorney fees.
FEE -1'3 -9 j 09 . ala AM HAN. Z. PORK 2067740159 P. n4
4, This Agreement and each part of it shall bo considerod ss covelsYlltti running with the land
ctrccmd hereby above anti ~hall he binding upon The owners, their hotrx, sutecssors and a.sglgar. It
shall he recorded w;th the Snohomish County Auditor in the cratttor /Grantee indcz with The Owners
bring listed as Crantur and Thu City as Grantee. Such recoruation and payment of said costs shalt tie
a con:ritiatt Precedent to the curcisa of dei•clopmrnt tq The Owner. in the event of trmisfer of.
ownership, the rights and obligatinns of this Agreewnt rluill be assumed by the new Ov, tier.
The term of t:him agrcemeM mpy br sptriftcatty enforced. if elther pflrty shall bring suit to
enforce any of the provisionm of this agreement, the prevailing party shall be entitled rcitttbursetncttt
for All cost of said 1ltigAtion together with a stem for reasonable attorney fees.
TN' Wrf NFSS AvILF -RFOF, IGC/ rties hmv expressed this agreement
Tills . _day o:y,,
,L
,parr.. r+wri,e�
TINA K. PARK
1Vft�$SFI.L
MRS, C:NRESTINA P. KIM
TIFF: CITY OF FnMONDS, as Pm tier
MAYOR RARI A A . PAHEY
ATTEST/ AUTHENTICATED:
City C1erk, SANDRA S. CHASE
APR SFT S TO FORM:
O IC E T TTORNEY:
W. SCOTT SNYDER
STATE OF WASHINGTON
COUNTY OFL'c► I ss.
On this 66 day of 0%rIaAve --rZ 1998, before me a Notary Public, duly commissioned
and sworn, personally appeared Dr. HAN Z. PARK AND MRS, REGINA K. PARK, husband and wife,
appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to
be their free and voluntary act for the uses and purposes mentioned in the instrument.
WITNESS my hand and official seal affixed the day and year first above written.
Dated 014.glor., A",/
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( print or type name)
NOTARY PUBLIC in and for the
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Statp of Washington, residing
at � n l�.rtry � G✓�
My Commission expires: �f' C1 r,L
STATE OF OKLAHOMA )
ss.
COUNTY OF QK _ )
On THIS 1(0 day of 1998, before me, a Notary Public, duly
commissioned and sworn, personally appeared MR. RUSSELL C. KIM AND
MEZS, CHRISTINA P. KIM, husband and wife, appeared before me, and said persons acknowledged that
they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in the instrument.
WITNESS my hand and official seal affixed the day and year first above written.
4
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fi
_71JA Al
print or type name)
NOTARY PUBLIC in and for the
State of Oklahoma, residing
at
My commission expires tf
'-e
STATE OF WASHINGTON
ss.
"001 jsb'
COUNTY OFn
On this day of 199.V, before me a Notary Public in and for the
City of Edmonds, duly commissioned and sworn, personally appeared 5ry bc
MAYOR of the CITY OF EDMONDS, the municipal cooperation that executed the foregoing instrumInt,
acknowledged the instrument to be the free and voluntary act and deed of that corporation for the uses and
purposes therein mentioned, and on oath stated that she was authorized to execute the instrument on behalf
of corporation.
WITNESS my hand and official seal affixed the day and year above written.
print or type name
TA NOTARY PUBLIC in and for the
g' CO Z
io. I-- State of Washington residing
OUB at,-CS V Pt RICA�-6�.
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My Commission expires
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LEGAL DESCRIPTIONS:
Park property. EXHIBIT "All
PARCEL A: Tax Account No. 3708 - 001 - 009 -0008
Lot 9, Block 1, Plat of Admiralty Acres, as per plat recorded in
Volume 12 of Plats on page 48, records of Snohomish County.
Situate in the County of Snahomish, State of Washington.
PARCEL 6: Tax Account No. 3708 -001- 010 -0005
Lot 10, Block 1, Plat of Admiralty Acres, as per plat recorded in
Volume 12 of Plats, page 48, records of Snohomish County.
Situate in the County of Snohomish, State of Washington.
PARCEL C: Tax Account No. 4346 -000 -106 -0107
All that portion of Tract 106, Edmonds, Sea View Tracts, as per plat
recorded in Volume 3 of Plats on page 76, records of Snohomish
County, lying Southwesterly of Beverly Park — Edmonds Road;
EXCEPT the East 212 feet thereof as measured along south line
of said Tract 106 and
EXCEPT any portion lying within Beverly Park— Edmonds Road.
Situate in the County of Snohomish, State of Washington.
Kim Property.
PARCEL A Tax Account No. 3708 -001- 011 -0004
Lot 11, Block 1, Admiralty Acres, as per plat recorded in Volume
12 of Plats, page 48, records of Snohomish County,
EXCEPT the east 120 feet thereof.
Situate in the County of Snohomish, State of Washington.
PARCEL 8 Tax Account No. 3708 - 001 - 011- 0004(same as A)
The East 120 of Lot 11, Block 1, Admiralty Acres, as per plat recorded
in Volume 12 of Plats, page 48, records of Snohomish County.
Situate in the County of.Snohomish, State of Washington.
City--vf Edmonds property. Tax Account No. 3708 -001- 0120003.
Lot 12, Block 1, Plat of Admiralty Acres, as per plat recorded in Volume
12 of Plats page 48, records of Snohomish County.
Situate in the County of Snohomish,. State of Washington.
g
Affidavit of Publication RECEIVED
JUL 2 9 1998
STATE OF WASHINGTON, 1 CLERK
EDMONDS CITY C
cOVNTY OF SNOHo.mLISH, Jt EDMONDS V G t�
VRDINANCE NV. J•ll / The undersigned, being first dui sworn on oath deposes and says
of the City of g g Y p
Edmonds, Washington
on the 21st day of July, that she is Princi al Clerk of THE HERALD, a doll newspaper
1998, the City Council of the p Y
City of Edmonds passed
Ordinance No. 3217. A sum- printed and published in the City of • Everett, County of Snohomish,
mary of the content of said'
ordinance, consisting of the
title, provides as follows: and State of Washington; that said newspaper is a newspaper of
AN ORDINANCE OF THE
CITY OF EDMONDS WASH -'
INGTON, AMENDIUG THE j general circulation in said County and State; that said newspaper OF I
TTHEI CITY OFNEDMONDS TO I
CHANGE THE ZONING DES- I has been approved as a legal newspaper by order of the Superior
IGNATION ON CERTAIN
REAL PROPERTY� COM- Court of Snohomish County and that the notice ......... ...............................
iLY - -- RESIDENT)IAL 12 000
SQUARE EETi RESIDEN
_.Stmmary Of Ordinance NO. 321%
.................................. ............................... ..... ....
F
VIAL 8 000 SQUARE FEET1:
...............
and ha sai newspaper was regul y distri ted to its subscribers
IAUTHOAOZING EXECUTIO
OF A CONCOMITANT ZON-
!.ING AGREEMENT AND ES-
jTABLISHING AN EFFECTIVE
....................................................................................................... ...............................
(DATE.
The full text of this Ordi-
nance will be mailed upon
reqt.
DuesATED this 22nd day of
.............................................. .-- .--................................................... ..----.........................
July, 1998.
SANDRA S. CHASE
a printed copy of which is hereunto attached, was published in said
the•East 212 feet thereof as
1 measured along south line of
27th
LEGA EXHIBIT iAT10NS:
newspaper proper and not in supplement form, in the regular and
PARK PROPERTY:
PARCEL
0008 count No.
entire edition of said paper on the following days and times, namely:
0-- 001 -00s
Lot 9, Block 1. Plat of Admi-
ralty Acres, as per plat
recorded in Volume 12 of
Plots on a e 48, records of
Snohomish County.
July 26, 1998
Situatein the County of Sno-
........... .. ................... ......................... ....................................................................
.... y..
Lot 10, Block 1, Plat of Admi-
ralty Acres, as per plat
-............................. ..............: :.._...........................
•• ..... ... .........• °....-- °--.....
recorded in Volume 12 of
Plats, page 48, records of
SnohomisLi County.
...............
and ha sai newspaper was regul y distri ted to its subscribers
Situate in the County ofggSno-
PARCELSC t Tax Washington.
dUTi f said perio
4346 - 000 -106 -0107
All that portion of Tract 108,
Edmonds, Sea View Tracts,
as per plat recorded in Vol-
ume 3 of Plats on pay e 76,
records of Snohomis'c�oun+y,
... ... ................ ... .... .---.... ...------ ......._.._....
Principal Clerk
Iyinp Southwesterly of Beverly
Park- Edmonds Road, EXCEPT
the•East 212 feet thereof as
1 measured along south line of
27th
j said Tract 108 and: EXCEPT
__ :,. .,,:_,. W ..,.., r,. _
Subscribed and sworn to before met s ............................
Situate in the County of Sno-
homish of Washington.
IKIM PROPERTY:
±PARCEL A: Tax Account No.
3708 -001- 011 -0004
Lot if, Block 1, Admiralty
1lcree- as ner Mat recorded in
Situate in the County of Sno-
'homish, Stale of Washington.
PARCEL 8: Tax Account No.
;3708- 001 -011 -0004 (same as A)
The East 120 feet of Lot 11,
Blocky 1, Admiralty Acres, as
per 48, records
of Snohomish County.
Situate In the Counfy of Sno-
homish State of Washinppt��o��n�:
CITY OF` EDMONDS PROPEfifY
Tax Account No. 3708 - 001711
012 -0003
Lot 12, Block 1, Plat of Admi-
ralty Acres, as per plat;
recorded in Volume 12 of
Plats, paga 48, records ° of
Snohomiafi County.
Situate m the County of Soo• {
homish, State of Washington:
Published: July 26, 1998.
- -- __ -- — ._7
B -2 -1
Of....... .. .. ........July.... ............---- ............. 1998....
... ... ........ ........ .... . .... . .....................
Notary Public in and for the St e o Washington,
residing at Everett, Snohomish ount .
0,11V
i
;Cj NOTARY m;
..k.. Ni
�(P, : PUBLIC �.: Z+
>1t11