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• <br /> • <br /> C. Each detailed site plan, and accompanying materials, shall be <br /> submitted to the City of Everett Planning Department for review <br /> and approval. The criteria for such review, and the approval, <br /> modification or denial of the detailed site plan, shall be in <br /> conformance with this Agreement, and the Comprehensive Plan. <br /> Any party disagreeing with the Planning Department's <br /> administration of the site plan review process may make an <br /> appeal before the City Hearing Examiner. Upon final approval <br /> of a detailed site plan for any phase of development, the same <br /> shall become an integral and binding part of this Agreement. <br /> Development of each phase shall be in conformance with the <br /> applicable site plan. <br /> 3. ACCESS <br /> A. All access to the subject property, including construction <br /> traffic, shall be obtained through adjacent commercially zoned <br /> property or properties with frontage on Everett Mall Way and <br /> access shall be prohibited from 7th Avenue S.E. An easement <br /> which provides for perpetual access to the site shall be <br /> recorded for any properties through which access is obtained. <br /> Access shall be designed in a manner which provides clear <br /> definition to the subject property and which avoids to the <br /> greatest extent possible any disturbance of adjacent <br /> residential property. Delineation of access to the subject <br /> property shall be accentuated by landscaping and on premise <br /> directional signs. <br /> B. It is understood by this Agreement that the Owner shall have <br /> the right to request a modification of Paragraph 3.A of this <br /> agreement to allow access to the subject property from 7th <br /> Avenue at such time as that road is improved to arterial <br /> standards and/or properties adjacent to the subject property <br /> are rezoned for commercial use. This Paragraph shall not be <br /> construed as any form of a guarantee of approval by the City <br /> Planning Director of such a request; however, said request <br /> shall not be unreasonably denied. If 7th Avenue is improved to <br /> full arterial standards and the properties abutting the <br /> proposed means of access are still zoned residentially, access <br /> to the subject property from 7th Avenue SE shall not be <br /> permitted unless written consent is given by the owners of said <br /> residentially zoned properties. Prior to the City granting <br /> approval to access from 7th Avenue, the Planning Director shall <br /> obtain a recommendation of the City Traffic Engineer and shall <br /> contact the owners of adjacent residentially zoned properties <br /> to solicit their opinion and input concerning appropriate <br /> I CONCOMITANT AGREEMENT - 3 <br />