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Ordinance 35530006.90000 WSS /gjz 4/8/05 ORDINANCE NO. 3553 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 76TH AVENUE WEST AND 219TH STREET SW FROM MULTI - FAMILY RESIDENTIAL (RM -2.4) TO GENERAL COMMERCIAL (CG -2) IN ACCORDANCE WITH FILE NO. R- 2004 -129 AND ADB- 2004 -132; APPROVING A CONCOMITANT ZONING AGREEMENT LIMITING THE RIGHTS GRANTED BY SUCH REZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the favorable recommendation of its Planning Board regarding the proposed contract rezone of certain property described in File No. R- 2004 -129 from Multi- Family Residential (RM -2.4) to General Commercial (CG -2), WHEREAS, the applicant has voluntarily proposed to limit the use of the property in accordance with the contract in satisfaction of the criteria established for review of rezones by the City's development regulations, and WHEREAS, based upon and adopting the findings and recommendations of the City's Planning Board, the City Council finds that the proposed rezone, as limited by contract, satisfies the provisions of the City's Development Regulations and be in conformance with the City's Comprehensive Plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Certain real property described on the attached Exhibit A and incorporated by this reference as fully as if herein set forth, and shown in File No. R- 2004 -129 is {WSS597078.DOC;1/00006.900000/} - 1 - hereby rezoned from Multi - Family Residential (RM -2.4) to General Commercial (CG -2) subject to the limitations contained in a concomitant zoning agreement, separately approved herein. Section 2. A concomitant zoning agreement attached hereto as Exhibit B and incorporated by this reference as fully as if herein set forth, is hereby approved. The rezone action referenced in Section 1 is approved contingent upon the execution of this agreement and its recording in the records of Snohomish County, Washington. In the event that the agreement is not executed in the form approved and recorded as provided herein, this ordinance shall be void. Section 3. The Development Services Director is hereby authorized to amend the City's zoning map to show the rezone of the subject site. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY G HAAKENSON ATTEST /AUTHENTICATED: `CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OFT Y A EY: BY W. SCOTT SNYDER {WSS597078.DOC;1/00006.900000/1 - 2 - FILED WITH THE CITY CLERK: 06/17/2005 PASSED BY THE CITY COUNCIL: 06/21/2005 PUBLISHED: 06/26/2005 EFFECTIVE DATE: 07/01/2005 ORDINANCE NO. 3553 {WSS597078.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3553 of the City of Edmonds, Washington On the 21St day of June, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3553. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 76TH AVENUE WEST AND 219TH STREET SW FROM MULTI- FAMILY RESIDENTIAL (RM -2.4) TO GENERAL COMMERCIAL (CG -2) IN ACCORDANCE WITH FILE NO. R- 2004 -129 AND ADB- 2004 -132; APPROVING A CONCOMITANT ZONING AGREEMENT LIMITING THE RIGHTS GRANTED BY SUCH REZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 22"d day of June, 2005. A '/ e�� CITY CLERK, SANDRA S. CHASE IWSS597078.DOC;1/00006.900000/1 - 4 - Mastgech, LLC, Legal Description Lot 3, Block 2, Pine -land Addition, Re -Plat of portion of tracts 42. and 43, Solner's Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats, Pages 50 and 51, Records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. And Parcel A: Lots 2 and 3, Block 1, and Lots 1, 2, 4 and 5, Block 2, Pine -Land Addition, According to the Plat thereof recorded in volume 13 of Plats, Page 50, Records of Snohomish County, Washington. Parcel B: Lots 1, 3, 4 and 5, Willers Addition According to the Plat Thereof recorded in volume 14 of Plats, Pages 13 and 14, Records of Snohomish County, Washington. Except that portion of Lots 3, 4 and 5 conveyed to the City of Edmonds, a Municipal Corporation by deed recorded under Auditor's File No. 9303020184. Situate in the county of Snohomish, State of Washington. EXHIBIT A When Recorded Return to: City of Edmonds 121— 5h Avenue North Edmonds, WA 98020 Document Title: Contract Rezone Reference No. Grantor(s): 9AMV &L- Grantee(s): City of Edmonds Legal Description: (See Exhibit A for Complete Legal Description) Assessor's Parcel #: COVENANT REGARDING USE AND FUTURE DEVELOPMENT (CONTRACT REZONE) WHEREAS, Mastech L.L.C. ( "Grantor ") is the owner of the real property described in Exhibit A attached hereto (the "Property"), and WHEREAS, the City of Edmonds is a municipal corporation ( "Grantee "), within the boundaries of which the Property is located, and WHEREAS, the Grantor has applied for a rezone of the Property from RM -2.4 to CG2 as described in Exhibit A, on the condition that the future development of the Property is restricted in the manner set forth in Section 2 below, and the Grantor is desirous of restricting the future development of the Property and obtaining the rezone referred to herein, the Grantor does hereby covenant and agree as follows: 1. Consideration. This agreement is made as an inducement to the City of Edmonds to approve the rezone referred to above and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 2. Future Development Restricted. Any future use, development, modification or improvement of the Property shall be subject to the restrictions of the CG2 zone on the Property as described in Exhibit A and subject to and consistent with the additional use restrictions and the provisions of the Site Plan as presented to the Edmonds City Council as Exhibit 1 and Exhibit 2 respectively in Agenda Memo T on AW-At. S , 200 (the "Site Plan ") provided, however, that these limitations may be modified, repealed, or otherwise left in accordance with the provisions of Section 3 below. 3. Amendment or Repeal. This contract may be amended or terminated in the same manner and pursuant to the same procedures applicable to a rezone of the Property under the ordinances in effect at the time such application is made to the City of Edmonds. Grantor covenants that it shall not initiate a rezone request or attempt to terminate or amend this covenant within five (5) years from its effective date; provided, however, that this shall not preclude the City from initiating a rezone of the Property nor shall it preclude the Grantor from initiating a revision to the Site Plan in said time period. 4. Covenant to Run With the Land. The restriction contained herein shall be a covenant running with the land, and shall be binding upon the Grantor, its heirs, executors and assigns forever. 5. Effective Date. This covenant shall be effective on the later of the date this Covenant is executed by the Grantor or the date this Covenant is accepted by the Grantee. GRANTO By: tAP --5 i G)!ECW L,(- C Its: 'b ae-� t�•wv f3�t^` Date: %N._ ACCEPTED BY GRANTEE CITY OF EDMONDS A Washington Municipal Corporation By: 4,11A� — Its: kA a /L Date: f - Z4 o STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that , Feu is /are the person(s) who appeared before me, and said person(s) acknowledged that HE /SHE /THEY signed this instrument and acknowledged it to be HISMER/THEIR free and voluntary act for the uses and purposes mentioned in the instrument. DATED this { day of) ND �10N��i't��i4 giNpTgRy �:� �� Cl) (Legibly print name of notary) NOTARY PUBLIC in and for the State of i J�1BU C N;A s�� .0 s" Washington, residing at 9DYri0t -MS, 1NA �i0444' p ry;...... �G�� My commission expires 1 i (p q �� P yIt. WAS�''� Mastgech, LLC, Legal Description Lot 3, Block 2, Pine -land Addition, Re -Plat of portion of tracts 42 and 43, Solner's Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats, Pages 50 and 51, Records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. And Parcel A: Lots 2 and. 3, Block 1, and Lots 1, 2, 4 and 5, Block 2, Pirie -Land Addition, According to the Plat thereof recorded in volume 13 of Plats, Page 50, Records of Snohomish County, Washington. Parcel B: Lots 1, 3,.4 and 5, Willers Addition According to the Plat Thereof recorded in volume 14 of Plats, Pages 13 and 14, Records of Snohomish County, Washington. Except that portion of Lots 3, 4 and 5 conveyed to the City of Edmonds, a Municipal Corporation by deed recorded under Auditor's File No. 9303020184. Situate in the county of Snohomish, State of Washington. EXHIBIT A EXHIBIT 1 List of Permitted Uses and Site Development Exceptions — CG2 Rezone Contract A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection C of this section; B. Permitted Secondary Uses. 1. Off - street parking and loading areas to serve a permitted or conditional use; C. Prohibited Uses. 1. Sexually oriented businesses; 2. Mobile homes in planned residential developments; 3. Halfway houses; 4. Businesses open to the public between the hours of 11:00 p.m. and 5:00 a.m.; 5. Commercial garages; 6. Trailer and boat sales; 7. Heavy equipment sales and service; 8. Taverns; 9. Auction businesses; 10. Fabrication of light industrial products; 11. Petroleum products storage and distribution; D. Uses Requiring a Conditional Use Permit. 1. Residential treatment facilities for current alcoholics and drug abusers; 2. Outdoor storage; 3. Community- oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 4. Aircraft landings as regulated by Chapter 4.80 ECC; 5. Structures exceeding the prescribed height limit, subject to the provisions contained in ECDC 16.60.030(B); 6. Secondary outdoor service or retail uses secondary to the primary on -site use. E. Site Development Exceptions. 1. Street Setback Adjustments. Office and medical uses with more than 75% of their required parking . located understructure may reduce required street setbacks to five feet when transit and pedestrian oriented design, landscaping and , street frontage or pedestrian connection improvements are provided; 2. Side and Rear Yard Setback Adjustments. Office and medical uses with more than 75% of their required parking understructure may reduce required side and rear yard setbacks adjoining RM zoned property to five feet when a solid barrier at least six feet high is provided consistent with the provisions of ECDC 20.12.025(B).1; Affidavit of Publication STATE OF WASHINGTON, � S.S. COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3553 c t e ity o mon s, Washington On the 21st day of June, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3553 A summary of the content of said ordinance, consisting of the title, provides as follows: j AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, APPROVING THE REZONE OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 76TH AVEUE WEST AND 219TH STE)REET SW FROM TO GENERAL R-2004-129 Nb A08 IN 2 04CORDAPPROVI APPROVING FA ECON- COMITANT ZONING AGREEMENT LIMITING THE RIGHTS GRANTED BY SUCH REZONE, AND FIXING A TIME ' WHEN THE SAME SHALL BECOME EFFECTIVE. 1 The full text of this Ordinance will be mailed upon request. DATED this 22nd day of June, 2005. Published: June 26, 2005. CITY CLERK, SANDRA S. CHASE i The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3553 City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement forth, in the regular and entire edition of said paper on the following days and times, namely: June 26, 2005 and that said newspaper was regularly disttibnted to its subscribers during all of said period. nnctpa er Subscribed and sworn to before me this 27th day of June, 2005 �{ ` ST4/j Q' �M as NFfi 11� �o A� O NOTgRV Notary Public ' n or the State of Washington, residing at Everett, knoh ish PUBIC County. NF 8' 17 2 0 ��Al 08 OF WASH�N Account Name: City of Edmonds Account Number. 101416 Order Number. 0001302493