Ordinance 1566-89 - Laserfiche WebLink

0000 I S UPDATE FOR CITY COUNCIL MERIDIAN AGGREGATES REZONE 110-87 Chronology In September 1987, Meridian Aggregates submitted an application for a rezone of .42 acre from C-1, General Commercial to M-1 , Heavy Manufacturing to allow the reconfiguration of an existing asphalt batch plant. On October 22, 1987 a public hearing on the request was held before the Everett Hearing Examiner. On November 20, 1987 the Hearing Examiner issued a decision recommending to the Everett City Council that the rezone be granted subject to the terms of the Concomitant Agreement, which is included in this packet. On January 27, 1988 a public hearing on the rezone was held before City Council. An item of concern to Council was a condition in the Concomitant Agreement to the rezone regarding provision of access easements to City of Everett riverfront property. This riverfront property is located east of the proposed rezone area and currently is landlocked with no provisions for access, except by boat from the Snohomish River. Condition 3a. of the proposed Concomitant Agreement states, Prior to recording of the rezone, Burlington Northern must record an easement to the City for utility, maintenance vehicle and pedestrian access easement(s) , over, under, along and across proponent's property to the City of Everett owned riverfront property at a location and alignment to be determined by the City's Real Estate Manager. If the timing of negotiations with Burlington northern and the City will not allow the easement(s) to be recorded prior to recording of the rezone; the applicant must have begun negotiations with the City and must submit a letter to the City stating that they agree to provide an easement to the City within one year of filing of the rezone. City Council continued the hearing for at least 30 days until additional information was available on easements to City owned riverfront property. Several meetings and site visits with City Staff and Meridian Aggregates representatives were held in January and February 1988. In April 1988, Burlington Northern issued a letter to Dave Piper of Meridian Aggregates stating that they would not issue easements at this time since the easements "would severely hamper Burlington Northern's Operating Department's operation of Delta Yard and could create a serious safety hazard" . On July 7, 1988 a meeting was held with Burlington Northern, Meridian Aggregates and City of Everett staff. At that meeting Burlington Northern representatives explained that the requested easements would Wit I ,L0