Ordinance 762-81 - Laserfiche WebLink

Concomitant Agreement to Rezone Ordinance No. 72"3/ Pertaining to Parcel A This Agreement, made and entered into this 25th day of February 1981, by and between the City of Everett, a municipal corporation, hereinafter called the City, and Harry Mathews, hereinafter called the Owner, WITNESSETH: WHEREAS, the Owner has made application to the City for a change in tile zoning classification of lots 32 and 33, Block 6, Plat of Beverly Hills, Division 2, from, • R-2, Single-Family High-Density Residential to B-2, Community Shopping zone, and / • WHEREAS, the site was excavated in 1978, and the site was not revegetated for • j slope stabilization as had been required by the City under the Final Declaration of I Nonsignificance issued March 17, 1978, under authority of Ord. No. 406-76, and WHEREAS, such rezoning and development to the new zone standards would create a situation where business and commercial use would abut a residential zone; and the public health, safety and welfare would be best served by anticipating the impact of such development and imposing certain mutually agreed upon standards, conditions and requirements; • NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Hydroseeding Excavated Area and Bonding for Same That the north, south, and east edges of the site that were left as steep slopes after the 1978 excavation operation be hydroseeded in a manner satisfactory to the City of Everett Planning and Parks Departments by April 1, 1981, and that a 120% bond, or other acceptable financial commitment be filed with the City prior to Rezone Ord. No. i ?/ being filed with the county to insure that this requirement is carried out. The bond or money shall not be released until April of 1982 to insure that the hydroseeding was successful and that there is not a substantial dead loss. If the hydroseeding is unsuccessful, hand planting is an acceptable alternative if plant type is approved by the Planning and Parks Departments. 2. Green Belt Between Residential and Business and Commercial Use That any future development of the site will be subject to the zoning code requirements under section 19.42.030B which requires a 6 foot high, 5 foot wide I sight obscurring green belt between business and commercial uses and adjacent residential uses. 3. Permitted Use That it be determined by the proper officials whether the proposed use of lots 32 and 33 for trailer hitch installation is permitted under the proposed B-2 zoning (EMC 19.26). Future use of the property must comply with the B-2 Community Shopping Zone requirements. 4. Noise Ordinance Compliance That lots 32 and 33 be developed in a manner that meets the requirements of the City's Noise Ordinance 534-78, so as to not project noise on to adjacent residential properties. 5. Public Works Requirements a. A detailed drawing shall be submitted to the Public Works Department showing parking layout, landscaping, driveways, utilities, storm drainage, and all required improvements to the public right-of-way. Public Works Department approval of these drawings is required before any permits are issued. b. All improvements shall be completed before the Occupancy Permit is issued. I •