Ordinance 4007ORDINANCE NO.4007
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS
AND APPROVING A CHANGE IN ZONING FOR THE
PARCEL LOCATED AT 21900 HIGHWAY 99 FROM
GENERAL COMMERICAL (CG2) WITH A CONCOMITANT
AGREEMENT LIMITING THE USES ON THE PROPERTY TO
GENERAL COMMERICAL (CG2) WITHOUT ANY SUCH
CONCOMITANT AGREEMENT; AUTHORIZING
AMENDMENT OF THE CITY' S OFFICIAL ZONING MAP;
RELEASING THE CONCOMITANT AGREEMENT AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, on June 2, 2015, an application (File #PLN20150024) was submitted
by Merlone Geier Partners to rezone a portion of a 9.1 acre property located at 21900 Highway
99 (at the northwest corner of 220th Street SW and Highway 99); and
WHEREAS, the application was determined to be complete on June 30, 2015; and
WHEREAS, a combined Notice of Application, SEPA Determination, and Public
Hearing was issued on July 2, 2015; and
WHEREAS, the property is currently zoned General Commercial (CG2) with the
western half of the property encumbered by a concomitant agreement dated July 10, 1991 (File
#R-02-90); and
WHEREAS, Section 5 of that July 10, 1991 concomitant agreement states:
"Owner, its heirs, successors or assigns, or Edmonds may, upon application, apply to amend or
terminate the provisions 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
-1-
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
Owner, its heirs, successors or assigns from the obligations assumed under this Agreement,
unless and until such application shall be duly approved by Edmonds;" and
WHEREAS; if approved, the rezone would release the concomitant agreement
and its restrictions on the western half of the property and leave the property subject to the CG2
zoning regulations without any contractual limitations; and
WHEREAS, the concomitant agreement currently restricts any type of change to
the western portion of the property; and
WHEREAS, if removed, the underlying zoning of General Commercial (CG2)
will remain in place; and
WHEREAS, staff made a recommendation to the Planning Board which in turn
conducted an open -record public hearing and forwarded a recommendation to the City Council;
and
WHEREAS, the city council held a closed -record review of the project and
directed the city attorney to prepare an ordinance to formally rezone the property as
recommended by staff and the planning board; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. For its findings and conclusions in support of the rezone effected by
this ordinance, the City Council hereby adopts by this reference the findings and conclusions
contained in the Planning Division Advisory Report, Findings, Analysis and Recommendations
dated July 16, 2005 and contained in File No. PLN20150024.
-2-
Section 2. A portion of the 9.1 acre property located at 21900 Highway 99,
Edmonds, Washington and shown on the map dated May 28, 2015, attached as Exhibit A hereto,
is hereby rezoned from contract General Commercial (CG2) to General Commercial (CG2)
without any contract. Exhibit A is hereby incorporated by this reference as if set forth in full.
Because the property has now been rezoned, the concomitant Agreement and Covenants dated
July 10, 1991 is released and shall have no further effect.
Section 3. The Development Services Director or her designee is hereby
authorized and directed to make appropriate amendments to the Edmonds Zoning Map in order
to properly designate the rezoned property as General Commercial (CG2) pursuant to Section 2
of this ordinance.
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.
ATTEST/AUTHENTICATED:
C4��w
CITY C1_,ERK, SCOTT P SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
MAYOR IDAVID O. EARLING
-3-
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
October 2, 2015
October 6, 2015
October 11, 2015
October 16, 2015
4007
SUMMARY OF ORDINANCE NO.4007
of the City of Edmonds, Washington
On the 6th day of October, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 4007. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS
AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR THE PARCEL
LOCATED AT 21900 Highway 99 FROM GENERAL COMMERICAL (CG2) with a
CONCOMITANT AGREEMENT limiting the uses ON THE PROPERTY TO GENERAL
COMMERICAL (CG2) without any such CONCOMITANT AGREEMENT; AUTHORIZING
AMENDMENT OF THE CITY' S OFFICIAL ZONING MAP; RELEASING THE
CONCOMITANT AGREEMENT AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 71h day of October, 2015.
CI'I' ERK, SCOT P SSEY
-5-
Exhibit A
See attached zoning map
Legend
'
21527 — —
Administrative sounderlag
21601
Parcels
0 RoZona9
f.
ti PRD
ROW
Zonlns
21605
R&6
RB-a
21701
R&,B
1�1k
CONTRACT
RS-12
J1 no , 1711
SUBJECT SITE '
ZONE LINE
RBw-,2
Z�9pp HWY 99
E] R&M
C•
RB•MP
MU '
CG2 . .
RM-3
RM-2A
Ru.,.e
21001
Milo
7506
1512
RM•EW
21815
11516
P+y ao,
RM-2.4....-
N
Bog
ors
21$27
CITY OF
Bag
s
21822
MOUNTLAKE
BD4
3
.. 219TH ST
f ., CG2
21829
TEF p CE
�t i�tH
BOB
7623
�
OR
'06
21914
i
wMu
7621
f BPRN
i u 2r
CG2
21917
z
o-w
ac
EXISTING ZONING —' 220-� ST SW'
zE
BLEW
�
22006
CONTRACT AREA
00
CO2
22012
cw
CG2
j
L MP1
2020
22018
7001
7007 #1
#2
7001
® MP2 2028 2202.4 ?p79 c f
. MU p r\
amine
- NEW SHOPS BULDING
,: ► 21900 HIGHWAY 99
EDMONDS, WA 98026
VICINITY MAP/ZONING EXHIBIT EXH. A
Exhibit A
Everett Daily Herald
Affidavit of Publication
State of Washington)
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH662505 ORDINANCE
4007, 4008 as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
10/11/2015 and ending on 10/11/2015 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$49.88.
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
DEBRA ANN GRIGG
Notary Public
State of Washington
My commission Expires
October 31, 2017
4 SUMMARY OF OFIDINANCES
aE the CC 1y�e, Washinglan
On She 6th day Gf 0alabar, 2015, lha Gil' CDunell D} the CIly of
Edmonds, passed the fallow mg OrdlnanCea. Summarlea aE the
aDnlent of aeld DrdfnanCDa Ganeleting of lltlas are provEdad as
follows:
ORDINANCE NO.499
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS
AND APPROVING A CHANGE IN ZONING FOR THE
PARCEL LOCATED AT 21900 HIGHWAY 99 FROM
GENERAL COMMERICAL CG2)WITH A CONCOMITANT
AGREEMENT' LiMtTING THE USES ON THE PROPERTY TO
GENERAL COMMERICAL (CG2) WITHOUT ANY SUCH
CONCOMITANT AGREEMENT; AUTHORIZING AMEND-
MENT OF THE CITY'S OFFICIAL ZONING MAP;
RELEASING THE CONCOMITANT AGREEMENT AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE
ORDINANCE Na41H A
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECC 8.4870 ADO COLUMBUS
DAY AS A "PUBLIC HOLIDAY" FOR THE PURPOSES OF
THAT SECTION; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE
The full text of these CrOnencaswlll be mabd upon request.
DATP 7Tbls 71h day of October, 2016.
CITY CLERK, SCOTi PASSEY
_ublished: October 11, 2015. EDH66250
�b