HomeMy WebLinkAboutOrdinance 1566-89 iElaine Moschilli, CMC
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tvpCity Clerk's Office
City Hall
o Everett, WA 98201
89 AP2 AM 9: 34
ORDINANCE NO. /��c - 9 O
4k,41 Y. wAsH AN ORDINANCE amending the Zoning Map of
. The City of Everett as provided by Ordinance
No. 3572 as amended (Title 19, Everett
Municipal Code) rezoning the area generally
described as Plat of Everett Division "0",
414 Block 275 from C-1 General Commercial
to M-1, Heavy Manufacturing subject to the
conditions of a concomitant agreement.
0
449
WHEREAS, on October 22, 1987, the City of Everett Land Use Hearing
4114 1H
Examiner held a public hearing regarding rezoning the hereinafter described
property from C-1, General Commercial to M-1, Heavy Manufacturing; and
1) ( WHEREAS, the City Council has determined that said property should be
rezoned and zoned M-1, Heavy Manufacturing;
NOW THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: That the City Council does hereby find that the zoning
change hereinafter set forth bears a substantive relationship to the general ,
welfare of the City of Everett and is in general conformance with the
Comprehensive Plan.
Section 2: That the proposed zoning change is subject to the
property owner identified in the attached Concomitant Agreement, as well as
their successors, assigns and tenants, meeting the conditions of the M-1,
Heavy Manufacturing zone and the conditions stated in said agreement.
Section 3: That the Zoning Map of the City of Everett, as
established by Ordinance No. 3572 as amended (Title 19, Everett Municipal
Code) , is hereby amended from C-1, General Commercial to M-1, Heavy
Manufacturing subject to the conditions of the attached Concomitant
Agreement on the following described property:
Plat of Everett Division "0", Block 275
Section 4: That the Official Map in the Planning Department of the
City of Everett shall be amended as hereinafter provided, and said property
shall be used in accordance with the zone in which the same is now
established, as provided by Ordinance No. 3572 as amended (Title 19, Everett
Municipal Code) and in accordance with the requirements stated in the
attached Concomitant Agreement.
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Section 5: The above rezone is conditioned on the terms of the !
attached Concomitant Agreement which is attached hereto and incorporated
))
herein by reference. Accordingly, the property owner identified in said ;
I
agreement must properly execute the agreement and submit it to the City '
within thirty (30) days of the date of passage of this Ordinance. In the
event that said Agreement is not executed within thirty (30) days, the
zoning reclassification authorized herein shall be null and void and the ,
subject property will revert to the following zoning designation: C-1,
General Commercial. 1
Section 6: That if any section, subsection, sentence, clause, phrase 11
1
or any portion of this Ordinance or the attached Concomitant Agreement isl
for any reason held to be invalid or unconstitutional by the decision of any
1
court of competent jurisdiction, such decision shall not affect the validity ,
of the remaining portions of this Ordinance or attached Agreement. The City !
Council of the City of Everett hereby declares that it would have adopted
this Ordinance and the attached agreement and each section, subsection, '
sentence, clause, phrase or portion thereof irrespective of the fact that )'''
any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
Section 7: The City Clerk is hereby instructed to file the duly
certified copy of this Ordinance and the attached Concomitant Agreement with
the Auditor of Snohomish County, Washington.
CITY OF EVERETT
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William E. Moore, Mayor
ATTEST:
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City Clerk
Passed: < --/-- g61/
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Valid: Z/a/U /
Published: /�/F7
4881F
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8 904120 0 '72 VOL. 2220PA6E2011
MERIDIAN AGGREGATES
CONCOMITANT AGREEMENT TO REZONE
ORDINANCE NO. /5-‘6,-y7
THIS AGREEMENT is made and entered this //Z:4 day of A p6 i L , 1989
by Burlington Northern Railroad, Inc. ; said party being hereinafter referred
to as Owner, and the City of Everett, a municipal corporation under the laws
of the State of Washington, hereinafter referred to as the City;
WITNESSETH:
WHEREAS, Burlington Northern is owner of a tract of real property
approximately .42 acres in size located north of 15th Street and east of
East Marine View Drive, Everett, Snohomish County, Washington, with the
following legal description:
Plat of Everett, Division "0," Block 275; and
WHEREAS, the above-described tract is adjacent to additional property
owned by Owner which is zoned M-1, Heavy Manufacturing, which has been used
historically as part of the Burlington Northern Delta Rail Yard, and which
has been permitted for an asphalt batch plant; and
WHEREAS, Owner proposed to expand the asphalt batch plant to the
southwest; 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; and
WHEREAS, the Owner has agreed to develop the aforementioned property
per the provisions of this Agreement in consideration of the City
considering designating the property M-1, Heavy Manufacturing, to lay out,
develop and maintain the property has hereinafter set forth;
NOW, THEREFORE, it is mutually agreed as follows:
1. Permitted Uses
The subject property shall be developed in a manner consistent with
the site plan dated July 22, 1987.
041200T2
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2. Changes During Construction
The Owner agrees that all layout, development, and maintenance shall
be per this Agreement and the approved site plan. However, should
any Owner desire to make any changes during construction in the
approved site plan or terms of this Agreement, specifically regarding
landscaping and signage, said Owner shall bring this to the immediate
attention of the City's Planning Director or City Engineer. If,
after reviewing a detailed site plan, the Planning Director or City
Engineer determines that the change proposed is not substantial
(meaning a cumulative change of 1O% of the total project or less),
the Planning Director or City Engineer may authorize the change.
However, if in the opinion of the Planning Director or City Engineer,
the requested change is a substantial change, the Owner shall be
required to go to the Hearing Examiner to seek authorization for the
proposed change. The Planning Director's or City Engineer's ruling
may be appealed to the Hearing Examiner. In any event, anytime a
change results in a substantial change to the terms or requirements
of this Agreement, this Agreement must be amended by written
amendments hereto duly executed by the Owner and the City's Mayor.
3. In addition, the development of the asphalt batch plant must comply
with the following conditions:
a. Prior to recording of the rezone, a Notice of Construction
permit must be obtained from the Puget Sound Air Pollution
Control Agency.
b. The southern boundary of the asphalt batch plant site would now
run along 15th Street. Landscaping must be provided along the
entire 15th Street frontage, except for driveways, to provide
screening from the C-1 zoned property to the south. At a
minimum, planting must consist of sufficient evergreen trees to
provide screening. The planting areas must be protected from
damage by the aggregate piles and trucks. All landscaping must
be kept in a healthy condition. All dead or dying plants must
be replaced.
If Burlington Northern also owns the land to the south across
15th Street, the landscape screening may be provided in that
area. Landscaping must be completed or bonded for prior to
operation of the asphalt batch plant. At the latest, the
landscaping must be provided within 6 months of recording of
the rezone. (SEPA Aesthetics and Other Policies)
c. The aggregate areas and all non-paved areas must be watered
often enough to prevent dust emissions from the site. (SEPA
Earth and Air Policies)
d. In order to minimize dust emissions from the site, all areas
shown as driveway areas around the office and the batch plant,
as well as the parking areas and Water Street, must be paved.
(SEPA Earth and Air Policies)
e. To minimize the effects of dust emissions, at a minimum a row
of evergreen trees must be provided along the west side of this
project from 15th Street to the north of the fenced area by the
maintenance buildings. These plantings may be located to the
west of Water Street. Plantings must be sufficient to provide
a screening effect. (SEPA Air Policies) "''' Ir4
FYd
CONCOMITANT AGREEMENT - 2
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904120072
f. A fire hydrant is required within 200 driving feet but not
closer than 50 feet of every structure per Ordinance 493-78.
(SEPA Utilities and Public Services Policies)
g. Thirty feet of right-of-way is to be dedicated to the City for
street purposes for Winter Street on the proposal's full
frontage on said street per Ordinance 555-78. (SEPA
Transportation/Circulation Policies)
h. Full standard street improvements are required to 15th Street,
including but not limited to, curb, gutter, sidewalk, half plus
eleven feet of new arterial street paving, cul-de-sac, drainage
improvements and transition per City standard from Winter
Street to the Burlington Northern property line to the east per
Ordinance 555-78. (SEPA Transportation/Circulation Policies)
i. The applicant will be required to sign a Local Improvement
District Covenant for street and traffic signal improvements to
15th Street and Winter Street per Ordinance 555-78. (SEPA
Transportation/Circulation Policies)
j. Special charges for connection to the sewer system in
accordance with Ordinance 984-83 are applicable. The actual
cost shall be computed by the Building Division per the
ordinance in effect at the time and according to the
information provided on the approved plans on the date of
permit issuance. (SEPA Utilities Policies)
k. For storm water runoff quantity control, the applicant will
have three options:
1) Discharge to the Snohomish River without detention or
paying a drainage fee. This is the City's preferred
option.
2) Discharge to City's combined sewer system and provide
on-site detention.
3) Discharge to City's combined sewer system and pay a
drainage fee in lieu of on-site detention.
For storm water runoff quality control, a method for sediment
removal must be provided. Also, any process water must be
physically removed and isolated from the on-site drainage
systems. (Ordinance 670-80 and SEPA Water and Utilities
Policies)
1. The existing water system can supply only 2,000 gpm. If the
Fire Marshal determines that more gpm's are necessary, a
computer simulation will be required of the water system to
determine if water system improvements are needed. (Ordinance
493-78 and the Standards and Specifications Manual) (SEPA
Utilities and Public Services Policies)
m. Parking must be per City Zoning Code and City design and
construction standards. Per Section 19.40.030 of the Zoning
Code, the 17 parking spaces shown on the site plan must be
provided. (SEPA Transportation/Circulation Policies)
ryr .1
CONCOMITANT AGREEMENT - 3
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n. All activity on the site must be in compliance with City's
Noise Ordinance. Maximum permissible noise levels for this
project would be 70 dBA received in adjacent M-1 zoned
property, 65 dBA received in adjacent C-1 zoned property and 60
dBA received in residentially zoned properties. Between the
hours of 10:00 p.m. and 9:00 a.m. on weekends and 10:00 p.m.
and 7:00 a.m. on weekdays, the maximum dBA as received in
residential areas would be 50 dBA. (Ordinance 534-78 and SEPA
Noise Policies)
o. A sandpile has been placed on the Burlington Northern property
to the west of the asphalt batch plant without completion of a
SEPA review and without obtaining any permits. Prior to
recording of the rezone, the stockpile must either be permitted
or removed.
4. Legal Requirements
The Owner, and his successors tenants and assigns, shall comply with
all City, State, and Federal laws and regulations applicable to the
development, sale and maintenance of the subject property, and
nothing herein shall be construed as superseding said laws and
regulations.
5. Recording
This Agreement shall be filed in the records of the Snohomish County
Auditor for the purpose of subjecting the property to the
restrictions, conditions, and limitations herein set forth which are
intended and shall have the force and effect of deed restrictions and
shall be deemed to be covenants running with the land and binding
upon the owners, their successors, tenants, and assigns.
6. Enforcement
A. Any violation of this Agreement by the owner, his successors,
tenants or assigns, shall be considered a violation of the
Zoning Code of the City of Everett and shall be subject to all
applicable penalties. Provided, that no personal liability
shall accrue against any party hereto, except for a violation
specifically affecting property owned by such party. The
personal liability of any party shall terminate upon the sale
of its equitable interest in the property to another property.
B. Any building or structure set up, erected, built, moved or
maintained, or any use of the property contrary to the
provisions of this Agreement, shall be and the same is hereby
declared to be a public nuisance.
C. The City is hereby authorized to apply to any court of
competent jurisdiction for and such court, upon hearing and for
cause shown, may grant a preliminary, temporary or permanent
injunction restraining any person, firm and/or corporation from
violating any of the provisions of this Agreement, and
compelling compliance with the provisions thereof.
D. The penalty and enforcement provisions provided herein shall
not be exclusive and the City may pursue any action, remedy or
relief it deems appropriate.
CONCOMITANT AGREEMENT - 4
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7. Construction of Agreement
This Agreement is concomitant with the action of the City of Everett
zoning the property to the M-1 classification. Nothing herein shall
be construed as being agreed to in consideration for said zoning in
consideration for this Agreement.
8. Non-Waiver
The waiver by any owner or the City of the breach of any provision of
this Agreement by the other party will not operate or be construed as
a waiver of any subsequent breach by either party or prevent either
party from thereafter enforcing any such provision.
9. Effective Date
A. This Agreement shall become effective only upon the occurrence
of all of the following:
1) The zoning ordinance affecting the subject property
becoming effective;
2) The property owner identified herein has executed this
Agreement and submitted it to the City within thirty days
of the date of passage of the subject zoning ordinance
affecting the subject property; and
3) The City has executed this Agreement.
IN WITNESS WHEREOF, the owner has caused these presents to be
executed in his name and the City of Everett has caused the same to be duly
executed by its mayor, the date and year first above written.
h ,/,.„ / i
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Represen ative of the Bur ngton Northern Railroad Company
STATE OF WASHINGTON)
) ss.
COUNTY OF 6-WHOM-IRO
K1111G
I certify that I know or have satisfactory evidence
that nab S. W* GME1 . , a Representative of the Burlington
Northern Railroad Company signed this instrument and acknowledged it to be
his free and voluntary act for the uses and purposes therein mentioned in
the instrument.
W I L y4, lilit
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wild f WAri My Commission expires I -g - g 3
0459S
CONCOMITANT AGREEMENT - 5
x'04120072
VOL. 2220PA6E2016
r •
CITY OF EVERETT
.217'1;37
\WILLIAM E. MOORE, Mayr
ATTEST:
eff-
ELAINE MOSCHILLI, City Clerk
Altorrroy
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
WILLIAM E. MOORE and ELAINE MOSCHILLI signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes
therein mentioned in the instrument.
Dated `/- //- f y
�,+ r-, Signature of
\' S Notary Public
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1Ply;1., Title
My Commission expires
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CONCOMITANT AGREEMENT - 6
890412 0 0 72 Von.. 222NAGE 201.7
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
'` 111# t a;
not be granted due to conflicts with Burlington Northern's policies.
• However, the Burlington Northern representatives did indicate that
they would be willing to grant the City "licenses" which would
accomplish much of the same purposes as the requested easements. In
order to grant the licenses, Burlington Northern is requesting that
the City provide them with engineering drawings that indicate the
nature and scope of the improvements. The City is not able to
provide this to them at this time, and instead is requesting that
Burlington Northern provide "access rights only" subject to final
design and installation approval by Burlington Northern. The City is
still negotiating with Burlington Northern on this issue.
The Parks Department has indicated that improvement of the riverfront
property has not been a high priority with their Department. Funding
is not available for improvements to that property within the next
ten years.
In December 1988, Meridian Aggregates representatives requested that
the rezone be brought back to City Council for a decision. Meridian
Aggregates/Burlington Northern will also be requesting approvals from
City Council on several street and alley vacations in the vicinity of
the Asphalt Batch Plant.
Staff requests that City Council provide direction to the staff on
this rezone request.
fi0lt 1
To Mary Cunningham
FROM Craig Fullerton
DATE February 22, 1989 Y.
SUBJECT BURLINGTON NORTHERN UTILITY AND PEDESTRD NOF EVERETT. EVERETT WASHINGTON
ACCESS PERMIT/VICINITY OF 15TH & E. GRA
MERIDIAN REZONE
We have met with, and approached, Burlington Northern for the above referenced
utility and pedestrian easement access across the above referenced Burlington
Northern.
At this time, Burlington Northern does not object to the granting of these
rights, but is requesting that we provide them with engineering drawings that
indicate the nature and scope of the improvements. For obvious reasons, we
are not able to provide this to them, and instead are requesting the "access
rights only" subject to final design and installation approval by B.N.
This has been a time consuming negotiation not only because we were dealing
with B.N. , but also a recent reorganization has resulted in "new players."
CF/jcl
(2644B)
[11MNOWIril
REID
FEB 16 1.:.. ,i►i _ ?`
MIDDLETON
CITY Of-
Planning
F �'•, `i�ETT
Planning Dept
February 14, 1989
File No. 03-87-002-003
Ms. Mary Cunningham
Everett City Planning Department
Everett City Hall
3002 Wetmore
Everett, Washington 98201
Re: Rezone#10-87
Meridian Aggregates' Asphalt Batch Plant
Dear Ms. Cunningham:
On February 22, 1989, City Council will again consider the requested rezone of a small
(0.42 acres) portion of Burlington Northern's Delta Rail Yard at the east end of 15th
Street in northeast Everett. The matter was continued on January 27, 1988, pending
the resolution of access easements requested on nearby property.
Following a series of meetings and an exchange of paperwork, a meeting was held
with City staff and Meridian's representatives at Burlington Northern Railroad's offices
on July 7, 1988. At that meeting, the relationship, or lack of one, between Burlington
Northern and Meridian was explained and the requested easements were discussed.
Since the sale of stock last summer, there is no direct ownership connection between
Burlington Northern and Meridian. Prior to the stock sale, there was only a very
indirect relationship.
At the July 7 meeting, Burlington Northern representatives explained that the
requested easements would not be granted due to conflicts with Burlington Northern's
policies. However, the Burlington Northern representatives did indicate that they
would be willing to consider granting the City "licenses" which would accomplish much
the same purposes as the requested easements.
It has now been more than a year since our rezone hearing. Burlington Northern
Railroad has expressed a willingness to consider granting licenses to the City to
permit the accesses as requested. The rezone proponent, Meridian Aggregates
Company, is not able to grant the requested easements, but was able to encourage
Burlington Northern to give the City a favorable review of its request.
6104 i ;
(OOOii S
Ms. Mary Cunningham
Everett City Planning Department
February 14, 1989
File No. 03-87-002-003
Page 2
Meridian would now like to complete the requested rezone action and proceed with the
related street vacation requests.
Thank you again for your assistance. If you need additional information, please let me
know.
Sincerely,
REID, MIDDLETON &ASSOCIATES, INC.
,
Herb Carpenter
Senior Planner
bb:GEP:MERIDIAN.HC
OOO/ l 4
L
r)1.00is
TO: Mary Cunningham, Planning
/ , LI� �J C 11
FROM: Bob Cooper, Parks and Recreation Directo i►•� ; -S
DATE: September 8, 1988 'rP ' , Itz.16'd
�yi 1 � lzJl��
SUBJECT: BURLINGTON NORTHERN AGREEMENTS CITY _ ;Z
Planning L)cpt.- ---
As you will recall, the issue of access to the land-locked parcel near
Meridian Aggregate was initiated by the Planning Department. We agreed during
review of the rezone request that access would be desirable by the Parks
Department. However, development of this parcel has never been identified as
a priority by the department.
Your staff report to the City Council asked that rezone be conditioned upon
Meridian Aggregate and Burlington Northern negotiating a pedestrian and
maintenance access to the City's parcel. City Council then asked that this
easement be negotiated and secured before the rezone would be granted to
Meridian Aggregate. You are now asking for the Parks Departments position on
this issue.
First of all, you have indicated that Burlington Northern and Meridian
Aggregates are totally separate entities and that Burlington Northern does not
wish to negotiate on behalf of Meridian Aggregate. This was not our
understanding when we were first approached with this project.
Secondly, you have also indicated that the Legal Department has some questions
as to whether the access issue is closely tied enough to the zoning
requirement. I think you need to resolve the legal question with the Legal
Department.
Burlington Northern has indicated to you that they are not willing to provide
a permanent overhead pedestrian easement or a permanent easement for surface
level maintenance access. They have indicated, however, that we can go
through their normal permit process to gain a pedestrian overhead permit
access. Again, the development of this parcel is not anticipated in the near
future and is not a priority in the Parks Department Comprehensive Plan.
However, if the City Council still feels strongly about this issue, we would
be willing to go through Burlington Northern's normal permit process to gain
an overhead pedestrian access, as well as permanent vehicle access, to the
parcel.
Burlington Northern and Meridian Aggregate's refusal to provide any kind of
permanent easement or access for surface level maintenance vehicles, however,
causes me a great deal of concern. If we are unable to gain access to the
property for maintenance vehicles, we will not have a way to economically
maintain the site, and therefore it has no value to us for development.
Vehicle access that can be terminated or cancelled at any time by Burlington
Northern revoking their permits is unacceptable to us. It makes no sense for
us to develop the parcel or to go through a permit process with Burlington
Northern for an overhead pedestrian access, only to have the vehicle access
denied for maintenance. We would be better off to leave the land as is,
land-locked and undeveloped.
I hope this clarifies our position as it relates to the Meridian rezone
request.
1315A:cc �-�4
Meridian
Aggregates Company oot 14 t S
A Subsidiary of Burlington Northern Inc.
1.[ lit
'JAN 18 1988 �*'f
January 11, 1988 1'y
fT
Ms. Mary Cunningham
City of Everett Planning Department
3002 Wetmore
Everett, WA 98568
Subject: Rezone #10-87
Concomitant Agreement CondiLion 3a.
Dear Ms. Cunningham:
Meridian Aggregates Company agrees to make every effort to provide the
easements requested in condition 3.a. of the concomitant agreement
accompaning Rezone #10-87.
The applicant cannot, however, categorically agree to provide the
requested easements. The applicant cannot insure that Burlington Northern
will accept the terms and conditions of the easements proposed by the
City; nor can the applicant insure that the City will accept the terms
and conditions of the easements proposed by Burlington Northern.
Meridian Aggregates, the subsidiary of Burlington Northern which is
seeking the rezone, does agree to diligently pursue the easements through
the Burlington Northern organization.
If you have any further concerns or questions, please give me a call.
Sincerely,
Meridian Aggre Tates Company
, 1‘;)1(,),0111)1:11111110111.P
David J. Piper
Manager
vjb/DJP
cc: Herb Carpenter
21100 Wayside Mine Rd. • P.O. Box 839 • Granite Falls, WA 98252 • 206 691-77355y
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001)121
- 401 +( 1 A
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER OF THE
CITY OF EVERETT
IN THE MATTER OF THE APPLICATION OF THE
MERIDIAN AGGREGATES COMPANY FOR APPROVAL
OF A REZONE REZONE 10-87
RECOMMENDATION: The rezone should be granted subject to the
conditions listed.
INTRODUCTION
Meridian Aggregates Company, P.O. Box 839 , Granite Falls , WA
98252, (Applicant) has requested approval of a rezone with a
Concomitant Agreement for property located north of 15th
Street, east of Chestnut and Winter Streets , in the City of
Everett, Washington (hereinafter referred to as subject
property) . The existing zoning of the subject property is C-1 ,
General Commercial. The requested zoning change is to a M-1 ,
Heavy Manufacturing designation.
A hearing on the request was held before the Everett Hearing
Examiner on October 22, 1987 . At the hearing the following
presented testimony and evidence:
Mary Cunningham, Planning
Mr . Herb Carpenter
121 - 5th Ave. N. #200
Edmonds , WA 98020
Viola Oursler
551 Pilchuck Path
Everett, WA 98201
At the hearing the following exhibits were submitted and were
admitted as part of the official record of these proceedings :
1. Staff Report
2. Vicinity Map
3 . Kroll Map/Zoning Map
4 . Determination of Non-Significance and Addendum
5. Narrative Statement
6 . Agency Review Comments
7. Site Plan
8. Proposed Rezone Ordinance
9. Proposed Concomitant Agreement
10 . Revision to Concomitant Agreement
k4 ►0 it ic;
Meridian Aggregates Co.
Rezone 10-87
Page -2-
Subsequent to the hearing and pursuant to an Order issued at
the hearing, the Everett Planning Department submitted exhibit
#11 which is a clarification of the recommended contract
condition #3A.
Subsequent to the hearing , the following exhibits were also
submitted:
12. Letter from Herb Carpenter dated 11-14-87
13. Memo from Mary Cunningham dated 11-16-87
After due consideration of the evidence presented by the
Applicant; evidence elicited during the public hearing; and as
the result of the personal inspection of the subject property
and surrounding areas by the Everett Hearing Examiner , the
following findings of fact and conclusions constitute the basis
of the recommendation of the Everett Hearing Examiner .
FINDINGS OF FACTS
1. The Applicant has requested approval of a rezone of
approximately .42 acres of land located north of 15th
Street, east of Chestnut and Winter Streets , in the City
of Everett, Washington. The subject property is zoned
C-1, General Commercial . It is the intent of the
Applicant to have the property rezoned M-1 , Heavy
Manufacturing. (staff report)
2. The subject property is a triangular shaped parcel of
land that is located near the Delta Yard of Burlington
Northern. The properties to the north and east of the
subject property are owned by Burlington Northern and
are zoned M-1. The land use of the properties to the
north and east is an asphalt batch plant. The
properties to the south and west of the subject property
are zoned C-1 and are vacant . (staff report)
3 . It is the intent of the Applicant to rezone the subject
property and to expand the asphalt batch plant site .
(staff report)
(01r414 S
Meridian Aggregates Co.
Rezone 10-87
Page -3-
4 . The subject property is designated Light Industry on the
Comprehensive Plan that was adopted by the Everett City
Council on August 12, 1987. The properties to the north
and east are designated as Heavy Manufacturing.
However , the long range planning section of the Everett
Planning Department indicated that it was the intent of
the City in the recently adopted Comprehensive Plan to
include the subject property as part of Heavy
Manufacturing designation of the Comprehensive Plan .
The reason it was not included is that the City did not
know that the property was owned by Burlington
Northern. (Cunningham testimony, staff report)
5. The subject property has been developed as as asphalt
batch plant. In May of 1987 the City of Everett issued
a Determination of Non-Significance pursuant to the
State Environmental Policy Act for the allowance of
construction of the asphalt batch plant on the adjacent
property. The batch plant is operated by Wilder
Construction which is a subsidiary of the Burlington
Northern, the owner of the property. (staff report)
6. It is the intent of the Applicant to use the subject
property as storage area for the asphalt batch plant.
This , according to the Applicant, will create a more
efficient layout of the batch plant site and will allow
the expansion and reorientation of the site. (staff
report)
7. Immediately south of the subject property is 15th Street
which is an 80 ' undeveloped right-of-way. It is the
intent of the Applicant to have the City vacate this
property. (Carpenter testimony)
8. Immediately south of the 80 ' right-of-way is heavily
vegetated property that is zoned C-1 . The vegetation
provides a buffer from the C-1 zone to the M-1 zone
where the asphalt batch plant site is located.
(Cunningham testimony)
9 . The Everett Planning Department has recommended approval
of the rezone subject to the Applicant entering into a
Concomitant Agreement with specified conditions . In
addition to the Agreement, at the public hearing the
Everett Planning Department introduced an amendment to
the Concomitant Agreement concerning stockpiling of sand
and dirt west of the subject property. In addition , the
City also recommended a change of condition 3C of the
Concomitant Agreement. The change requires landscaping
be completed or bonded prior to the operation of the
asphalt batch plant. (staff report)
Meridian Aggregates Co.
Rezone 10-87
Page -4-
10 . The Applicant submitted that many of the conditions of
the Concomitant Agreement have been performed. Included
in the performance was the discharge of the water run
off to the Snohomish River without detention or paying a
Drainage Fee. This was done by the placement of the
water run off in existing storm drainage sewers in the
area. (staff report, Carpenter testimony)
11. Many of the conditions of the Concomitant Agreement were
part of the mitigated Determination of Non-Significance
issued by the City for the original asphalt batch
plant. (Cunningham testimony)
12. At the hearing there was discussion about the intent and
meaning of condition 3A. Condition 3A requires that
prior to recording of the rezone there must be a
dedication of a 20 ' wide easement over , under , along and
across the proponent ' s property for access and utilities
to the City of Everett owned river front property at a
location of alignment to be determined by the Real
Estate Manager . Subsequent to the hearing, the City and
the Applicant agreed that condition 3A should be revised
to require that the Applicant (Burlington Northern) must
record an easement to the City for utility maintenance
vehicles and pedestrian access easements over , under ,
along and across proponent ' s property. This easement
must be granted to the City of Everett and must extend
to the river front property at a location of alignment
to be determined by the City ' s Real Estate Manager . If
this easement is not dedicated, the Applicant must have
begun negotiations with the City and must submit a
letter to the City stating that it agrees to provide an
easement to the City within one year of the recording of
the rezone. This agreement was submitted in writing as
exhibit 11 and was agreed to in writing by the
Applicant' s representative as exhibit 12. (staff
report, exhibits 11 & 12)
13 . Witness (Oursler ) testified to be a representative of
the Northeast Everett community. She stated that this
neighborhood has been improved through other land use
actions. She supported the conditions for the rezone
and encouraged screening and buffering to help control
noise from the Applicant ' s operation. (Oursler
testimony)
14 . The Applicant submitted that a 10 ' buffer will control
dust but will not reduce noise . However , he did submit
that it will be aesthetically pleasing to the adjoining
properties . (Carpenter testimony)
io)01 . ":
csv 5
Meridian Aggregates Co.
Rezone 10-87
Page -5-
15. The Witness (Oursler ) submitted that the easement across
the Applicant 's property should be provided in order for
the residents of this area to have access to the
amenities of the Snohomish River . (Oursler testimony)
CONCLUSIONS
1. The application is for the rezone of . 42 acres of
property located north of 15th Street, east of Chestnut
and Winter Streets in the City of Everett, Washington.
The specific rezone is the change in the zoning
designation from a C-1, General Commercial to M-1 , Heavy
Manufacturing. It is the intent of the Applicant to use
the subject property as an extension of an existing
asphalt batch plant that is located on the north and
east adjoining properties.
2. The rezone will result in the change of illogically
drawn zoning boundaries and will be a logical extension
of the Heavy Manufacturing operations of the Applicant.
All of the properties are owned by the Applicant and
should be used in conjunction with the asphalt plant.
3. The requested rezone will be compatible with other
properties in the area. With the implementation of the
conditions of the Concomitant Agreement as recommended ,
the rezone will not have an impact on noise , light ,
glare, odors , fumes , and vibrations .
4 . Although the Comprehensive Plan of the City of Everett
designates the subject property as Light Industry, it is
apparent that the intent of the City in the recently
adopted Comprehensive Plan was to change the designation
of the property to Heavy Manufacturing . Because the
impacts of railroad switching and storage yards are
similar to the proposed activity, the proposed use is
considered a Heavy Manufacturing use and subject to the
standards as required for Heavy Manufacturing activities .
5. Adequate corridors of buffering and aesthetic control
will be provided in order to assure a more desirable
parcel of property.
Meridian Aggregates Co.
Rezone 10-87
Page -6-
RECOMMENDATION
Based upon the preceding findings of facts and conclusions , the
testimony and evidence submitted at the public hearing and upon
the impressions of the Everett Hearing Examiner at a site view,
it is hereby recommended to the Everett City Council that the
. 42 acres of land located north of 15th Street east of Chestnut
and Winter Streets in the City of Everett, Washington, be
changed from a zoning designation of C-1, General Commercial to
a M-1, Heavy Manufacturing zoning designation. This rezone
should be granted subject to the terms of the Concomitant
Agreement which is attached hereto and by this reference is
hereby incorporated as part of these findings.
Done and dated this 20th day of November , 1987.
o?' "7/1.A2
James M. Driscoll
The recommendation on this application has been made by the
Hearing Examiner based on the authority granted in Ordinance
692-80 as amended. This recommendation will be forwarded to
the Everett City Council to be placed on the City Council
agenda , at a later date of which you will notified by mail ,
unless the following procedure is followed:
1. An aggrieved party has filed a written request for
reconsideration to the Hearing Examiner within ten (10)
working days of the Hearing Examiner ' s decision. It is
the discretion of the Hearing Examiner to grant or deny
reconsideration. The final date for reconsideration is
December 8, 1987.
2. Within ten (10) working days after the Hearing
Examiner ' s action on the reconsideration , the aggrieved
party files a written appeal with the City Clerk ' s
office.
ifJ7?TJGliOY'►1.
•
matualtama
00001 S GLACIER PARK COMPANY
Land Management for Increased Opportunities
April 12, 1988
Mr. David J. Piper
Manager
Meridian Aggregates Company
P.O. Box 839
Granite Falls, WA 98252
Dear Dave:
Please refer to your recent request to Glacier Park Company on behalf of
Burlington Northern Railroad, to grant two easements to the City of
Everett over our Delta Yard property near Everett, Washington.
Glacier Park Company, on behalf of Burlington Northern Railroad, will
not grant these easements at this time. Easements such as those re-
quested would severely hamper Burlington Northern's Operating Depart-
ment's operation of Delta Yard and could create a serious safety hazard.
We do not feel that this is the appropriate time or manner to make such
a request.
If you need further information on our position, feel free to contact
me.
Sin -re v,
John c. Maher
Manager - Property Management
JCI:mf
9.04.134
File: L #400,245 - Everett, WA - Meridian Aggregates Company
•
0001 16
toot It
EVERETT CITY COUNCIL
Agenda Item Cover Sheet
******************************
* Okay for Council :
* Dept. Head f,Swi 1 4c,h
* Council Pres .
******************************
TITLE: Rezone #10-87 COUNCIL BILL #
Meridian Aggregates
Update for City Council Originating Dept. Planning
(located north of_15th St. , Contact Person Mary Cunningham
east of Chestnut St. in the
Burlington Northern Delta Phone Number : 259-8731
Yard)
FOR AGENDA OF March 1, 1989
Preceding Action :
Discussion x Public Hearing
Public hearing before Hearing Examiner on Action Consent
October 22, 1987.
Attachments : Staff report, Hearing Examiners
City Council public hearing and third recommendation
reading of rezone ordinance on January 27,
1988. Council continued the hearing for Depts. affected have okayed
at least 30 days until additional information ( identify) :
was available on easements to City owned
riverfront property.
**************************************************************************
* Expenditure required : $ Amount Budgeted : $
* Add' l required : $ Account No. *
**************************************************************************
SUMMARY STATEMENT:
In January 1988, a public hearing was held before City Council
regarding a proposed rezone of .42 acres from C-1, General Commercial
to M-1 , Heavy Manufacturing. The Applicant, Meridian
Aggregates/Burlington Northern requested the rezone to allow the
reconfiguration of an existing asphalt batch plant.
City Council continued the hearing until additional information was
available on obtaining easements to City owned riverfront property,
which currently has no land access. The City and Meridian Aggregates
have been negotiating with Burlington Northern over the past year.
Easements have not been obtained; however, Burlington Northern has
given verbal approval to the idea of granting the City "licenses"
which would allow access to the riverfront property. Burlington
Northern has requested that the City provide detailed engineering
drawings that indicate the nature and scope of the access
improvements proposed. This would involve costs which are not
currently funded.
RECOMMENDATION :
Meridian Aggregates has requested that the rezone be brought back
before City Council for approval.
City staff requests that Council provide direction to the staff on
this rezone request.
(04)41 a "3