Ordinance 1535-88 - Laserfiche WebLink

CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. /j 3 5 •yy BYRNES-UNDI REZONE rt9 THIS AGREEMENT is made and entered this f'� day of Oeee-e-r, 198V, by and between Carlton Undi, Mark J. McGinnis, Thomas J. Byrnes, Alden B. Winters, and Michael J. O'Malley, said parties being hereinafter referred to as "Owners", and the City of Everett, a municipal corporation under laws of the State of Washington, hereinafter referred to as the "City"; WITNESSETH: WHEREAS, Carlton Undi, Mark J. McGinnis, Thomas J. Byrnes, Alden B. Winters, and Michael J. O'Malley are owners of tracts of real property approximately five and eighty two one hundreths (5.82) acres in size which abut the 19th Avenue SE arterial right-of-way. The legal description of the tracts of the real property is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Office Park-Site Plan Review zoning and development will allow uses which are consistant with the adopted Comprehensive General Plan, approved in August 1987, and such development can occur in a manner which is compatible with the established residential neighborhood to the east and south, and the commercial land uses to the west and north; and WHEREAS, 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 which shall be documented herein and hereafter considered to be an integral part of the zoning restrictions applicable to the property; NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. All applications for development shall be subject to a detailed administrative site plan review process. Detailed drawings in accordance with the City's Design and Construction Standards shall be submitted to the Public Works Department showing site parking layout, landscaping, utilities, storm drainage, temporary construction erosion control and all required improvements in the public right-of-way. Public Works Department and Planning Department approval of these drawings is required prior to any permits being isssued. All required improvements shall be completed, approved and warranted or bonded in accordance with City standards. 2. The property zoned B-2(B) on Map Exhibit B which is attached hereto and incorporated herein by reference shall be controlled by the following conditions: a. All real uses in effect prior to the effective date of this Agreement and all legal structures in existence as of the effective date of this Agreement shall be considered nonconforming structures and uses. b. The following shall define the purpose statement of this rezone: The property subject to this rezone is intended to promote and provide areas for a variety of high quality office park development which are capable of being constructed, maintained and operated in a manner uniquely designed to be compatible 1 with adjoining residential neighborhoods and other less intensive uses. V0'. 2200PAGE IO40 8901130087