HomeMy WebLinkAboutOrdinance 1589-89 r7 e7'
ORDINANCE NO. /51 ?,1
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 one-third of one acre,
located on the north side of Madison Street, approximately
one hundred fifty feet west of Beverly Boulevard,
from R-2 (Single Family High Density) to B-1 (Neighborhood
• Shopping) with a Concomitant Agreement.
WHEREAS, on October 27, 1988, the City of Everett received an
application for the rezone of an area generally described as the north side
of Madison Street, approximately one hundred fifty feet west of Beverly
Boulevard, from R-2 (Single Family High Density) to B-1 (Neighborhood
Shopping); and
WHEREAS, on January 31, 1989, the City of Everett Planning Commission
held a public hearing on the proposed rezone; and
WHEREAS, the Planning Commission, based upon findings contained in
Planning Commission Resolution No. 1-89 did recommend that the City Council
approve the requested rezone with a Concomitant Agreement; and
WHEREAS, the proposed zoning is consistent with the Land Use Map
designation of the Everett General Plan, as amended;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: The City Council does hereby find that the zoning change
hereinafter set forth for the property legally described and generally shown
on the map in Exhibit 1, attached hereto and incorporated herein by
reference, bears a substantial relationship to the general welfare of the
City of Everett and is in conformance with the Land Use Map of the Everett
General Plan, as amended.
Section 2: The property described in Exhibit 1 is hereby subject to
the regulations of the B-1 (Neighborhood Shopping) zone and the conditions
stated in the concomitant agreement, which agreement is attached hereto as
' Exhibit 2 and incorporated herein by reference.
,
Section 3: This ordinance shall not become effective unless all of
the owners of record of the subject property have signed the attached
concomitant agreement within thirty (30) days of the validation date of this
ordinance, provided, however, that a single thirty (30) day extension may be
permitted if a written request is received and approved by the Planning
Director prior to the expiration of the initial thirty (30) day period.
Otherwise this Ordinance shall not become effective and the rezone shall be
null and void and the zoning shall remain R-2 Single Family High Density
Residence Zone.
Section 4: The Zoning Map of the City of Everett, as established by
Ordinance No. 3572 as amended (Title 19, Everett Municipal Code), and the
official map in the Planning Department of the City of Everett are hereby
amended from R-2 Single Family High Density Residence Zone to B-1
Neighborhood Shopping Zone, subject to the conditions of the attached
concomitant agreement (Exhibit 2) on the property described in Exhibit 1
(See attached Legal Description and Map).
Section 5: If any section, subsection, sentence, clause, phrase or
any portion of this ordinance or the attached concomitant agreement is for
any reason held to be invalid or unconstitutional by the decision of any
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 of the fact that
any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
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r
Section 6: After said concomitant agreement is signed in accordance
with Section 3 of this Ordinance, 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
WILLIAM E. MOORE, Mayor
ATTEST:
CITY CLERK
APPROVED AS TO FORM
City Attorney
Passed: 6-- l 7^I
Valid: f _,�
Published:
0190N
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— - MAV 1SoN s'�c'eE T' ST.
NORTH BEVERLY PARK
DI V. N 0. 2 (53/7) a-'�- PA 4,', Lk
LEGAL t ESC 1 t P i 10 N
Beginning at the southwest corner of Lot 10, Block 3, North Beverly
Park Division No. 2, as per plat recorded in Volume 10 of Plats, page
46, records of Snohomish County, Washington, thence east along the
south line of said Lot 10 a distance of 130 feet to the true point of
beginning; thence north, at right angles to said south line, a
distance of 65 feet; thence northeasterly to a point on the north
line of Lot 8 of said block which is 85 feet, more or less, from the
northwest corner of said Lot 8; thence northwesterly along the north
line of Lot 8 to the northwest corner of Lot 8; thence southwesterly
along the west line of Lot 8 to the southwest corner of Lot 8; thence
southeasterly along the south line of Lot 8 to a point which is 50
feet from the southwest corner of Lot 8; thence south 350 25' 32"
west a distance of 116.51 feet; thence south 02° 21' 52" east a
distance of 59.00 feet to a point on the south line of said Lot 10;
thence east along the south line of Lot 10 to the true point of
beginning.
EXNIIT
CONCOMITANT AGREEMENT TO REZONE
ORDINANCE NO.![f'."9
"MADISON COURT"
THIS AGREEMENT IS MADE AND ENTERED THIS 5c+ day of 1989,
by Security Pacific Bank, Trustee for Strickland Trust, and Bernie G.
Grinnell, 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 "City;"
WITNESSETH:
WHEREAS, Security Pacific Bank, Trustee for Strickland Trust, and
Bernie G. Grinnell are owners of a tract of real property approximately
one-third acre in size located on the north side of Madison Street, west of
Beverly Boulevard, Everett, Snohomish County, Washington, the legal
description of which is attached hereto as Exhibit A and incorporated herein
by this reference; and
WHEREAS, The Owner has applied to the City to rezone the property
from R-2 (Single Family High Density) to B-1 (Neighborhood Shopping), in
order to allow the subject property to be combined with adjacent property
which is zoned B-1 for the purpose of developing a neighborhood convenience
retail center; and
WHEREAS, the proposed zoning and development will allow more
intensive use of the subject property than the existing zoning and site
development; and
WHEREAS, the public health, safety and welfare would be best served
by anticipating the impacts 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:
A. Conditions Applicable to Site Development
1. Development shall be in substantial conformity with the submitted
site development plan, which is attached hereto as Exhibit B and
incorporated herein by this reference. Minor adjustments or
modifications of the site development plan may be
administratively approved by the Planning Director, provided that
such modification does not conflict with the minimum requirements
of this agreement or the B-1 zone, whichever is the more
substantial requirement.
2. The subject site shall be enclosed by a six (6) foot high solid
screening fence along the north and west property boundaries,
except that the fence shall not exceed a height of four feet
within the south twenty (20) feet of the site. The fence shall
be constructed of wood, masonry or a combination of wood and
masonry, and shall be maintained in good repair.
3. There shall be a landscape buffer provided along the west and
north boundary of the subject property. The width of the
landscape buffer shall be a minimum of five (5) feet in all
locations, except that the south sixty (60) feet shall have a
minimum width of ten (10) feet.
4. The landscape buffer provided along the west and north boundaries
of the site shall be planted with evergreen trees a maximum of
twenty (20) feet on center, to form a "see through" visual buffer
between the subject property and the abutting residentially zoned
properties. Trees shall be a minimum of six (6) feet high at the
time of planting. Required landscaping may be included in the
area used for on site drainage filtration, if acceptable to the
Public Works Department. The existing large evergreen trees
located in the northwest corner of the subject property shall be
preserved by eliminating the parking stalls shown on Exhibit B
where said trees are located.
5. The landscaping along the street frontages shall be a minimum
width of five feet located on the subject property. That portion
of the public right-of-way located behind the sidewalk shall also
be landscaped to the same standards as required for the street
frontage landscaping located on the subject property, which shall
consist of:
a. Street trees planted a maximum of thirty (30) feet on
center. All such trees may be deciduous. Deciduous trees
shall be a minimum of 2 inch caliper, according to the
standards of the Washington State Nurseryman's Association.
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b. A mix of shrubs and ground cover shall be required. Shrubs
shall be planted at the rate of 5 per 100 square feet of
landscape area and shall be a minimum of 24 inches in
height at the time of planting. Up to one-half of the
street frontage landscape area may be planted with lawn.
6. Landscape areas shall be provided with an irrigation system to
assure proper growing conditions. All landscaping shall be
maintained with respect to pruning, trimming, mowing, watering,
insect control, fertilizing, or other requirements to create a
healthy growing condition and attractive appearance. Dead,
diseased, stolen, vandalized or damaged plants shall be replaced
within three months with the plant(s) indicated on the approved
landscape plan. Wheel stops shall be installed in parking stalls
where necessary to protect landscaping. All landscaped areas
shall be maintained reasonably free of weeds and trash.
7. The Planning Director is authorized to approve a modification of
the proposed site development plan if necessary to facilitate
visibility of the rear parking area from buildings on the site.
If the plan is modified, the gross floor area of the building
shall not exceed 8,200 square feet, unless the DNS is modified
and any addition to the square footage is approved by the
Planning Commission.
8. Security lighting shall be provided for the rear parking area.
This lighting shall be shielded so as not to shine directly onto
abutting properties.
9. The gasoline islands shall be designed and constructed so they
are visible to the store attendant, in accordance with the
requirements of the Fire Marshal and Uniform Fire Code.
10. Parking stalls shall be designed and constructed so as not to
create conflict with vehicles using the gasoline island.
11. The garbage receptacle shall be located so it is readily
accessible by refuse disposal trucks and shall be located within
a structural enclosure in such a manner that it is not visible
from adjoining properties or abutting streets.
12. Sidewalks, driveways, curbs, and gutters shall be installed on
the Beverly Boulevard and Madison Street frontages in accordance
with City standards.
13. All mitigation measures listed in the Determination of
Non-Significance (SEPA #143-88) shall apply to the subject
proposal. The DNS is attached hereto as Exhibit C and is
incorporated herein by reference.
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B. Construction of Agreement
This Agreement is concomitant with the action of the City of Everett
zoning the property to the B-1 classification. Nothing herein shall be
construed as being agreed to in consideration for said zoning in
consideration for this Agreement.
C. 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.
D. Effective Date
1. This Agreement shall become effective only upon the occurrence of
all of the following:
a. The zoning ordinance affecting the subject property
becoming effective;
b. 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
c. The City has executed this Agreement.
E. Federal, State, and Local Regulations
Development and all activities on this property shall be in compliance
with all applicable federal, state, and local regulations.
F. Recording - Binding Effect
This Agreement shall be binding upon owner's heirs, successors, assigns
and all other parties legally empowered with signatory rights of the
owner. 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 herein 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.
G. Enforcement
1. Any violaton of this Agreement by the owner, owner's 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.
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2. 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.
3. 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.
4. The penalty and enforcement provisions provided herein shall not
be exclusive and the City may pursue any action, remedy or relief
it deems appropriate.
0368S
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. IN WITNESS WHEREOF, the Owner has caused these presents to be executed
in this name and the City of Everett has caused the same to be duly executed
by its mayor, the date and year first above written.
;.-- _ . 1 a . ,4„,
1
41;"le fr- - ‘---,----, ithil '
Security '.cif Bank, Trustee
Strickla 4 st ,`,. F. '? 7i O�r�<G.e`� I . VAP
STATE OF Washington 1
fss.
County of King
On this 24th day of May
, A. D. 19 89, before me, the under-
signed, a Notary Public in and for the State of Washington , duly commissioned
and sworn personally appeared Richard P. Megenity and AnnPt'l-P J. Edlund
to me known to be the Asst Vice President and Real Estate Officerrecretary, respectively, of
SECURITY PACIFIC BANK WASHINGTON NA, as Trustee
the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and volun-
tary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that t he y
were authorized to execute the said instrument and that the seal affixed is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and -ar in this c rtificate bove written.
O.
Notary Public in and for the State of Washington
residing at Mukilteo
Commission expires 10-2-90
(Acknowledgment by Corporation. Pioneer National Title Insurance Co Form L 29)
—6—
.0;d-. e G. Grinnell
•
/, 0“O17oA) # '- 8-7 M4-o,,s09 R..Szo,U
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
•
I certify that I know or have satisfactory evidence that Bernie G.
Grinnell signed this instrument and acknowledged it to be his free and
• voluntary act for the uses and purposes therein mentioned in the instrument.
•
Dated '
• Signature of v
Notary Public t . .
Title
My Commission expires 12-
• Z
-7-
- CITY OF EVERETT APPROVED AS TO FORM •
-%L / -- 1 .
AILLIAM E. GORE, Mayor torney
14
ATTEST:
4.4.-aH"
ELAINE MOSCHILLI, City Clerk
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
Signature of '
Notary Public
Title "----y(,z�7
My Commission expires S----
0368S
✓-03685
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xt3 A
PESc?-1?loN
Beginning at the southwest corner of Lot 10, Block 3, North Beverly
Park Division No. 2, as per plat recorded in Volume 10 of Plats, page
46, records of Snohomish County, Washington, thence east along the
south line of said Lot 10 a distance of 130 feet to the true point of
beginning; thence north, at right angles to said south line, a
distance of 65 feet; thence northeasterly to a point on the north
line of Lot 8 of said block which is 85 feet, more or less, from the
northwest corner of said Lot 8; thence northwesterly along the north
line of Lot 8 to the northwest corner of Lot 8; thence southwesterly
along the west line of Lot 8 to the southwest corner of Lot 8; thence
southeasterly along the south line of Lot 8 to a point which is 50
feet from the southwest corner of Lot 8; thence south 35° 25' 32"
west a distance of 116.51 feet; thence south 02° 21' 52" east a
distance of 59.00 feet to a point on the south line of said Lot 10;
thence east along the south line of Lot 10 to the true point of
beginning.
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1 PRELIMINARY PLOT PLAN IIll
3 In=401.011
DNS MITIGATION MEASURES
SERA 1143-88
•
1. Fire flows, fire hydrants and fire protection facilities shall be
provided in accordance with the requirements of- the Uniform Fire Code
and the Fire Marshal.
2. Fire Department permits are required for:.
a. The removal and installation of fuel tanks and fuel pumping
equipment.
b. To store and dispense flammable liquids from underground storage
tanks.
3. The premises shall be identified with:
a. the address of the complex
b. designation of individual tenant spaces
4. Detailed drawings in accordance with City 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 approval of these
drawings is required prior to any permits being issued. . All
improvements shall be completed, approved, and warranted before the
Occupancy Permit is issued.
5. Sidewalk must be installed on the frontage of Madison Street and
Beverly Boulevard per City Standards.
6. The driveways on Madison and Beverly Boulevard must be removed and
replaced with curb, gutter, and sidewalk per City Standards.
7. The driveways as shown on the site plan have been approved by the
City's Traffic Engineer.
8. Any broken or damaged sidewalk shall be repaired/replaced per the City
Public Works Inspector.
9. Detailed drainage calculations are required to determine if on-site
detention is required.
10. A 200 foot grass lined Swale or baffle type oil/water separator will be
required. The gas pump island must be covered and hydraulically
isolated from the site drainage system. Site drainage must be
discharged to the existing 12 inch pipe just north of this site on
Beverly Boulevard rather than to the drainage system in the
intersection of Madison and Beverly Boulevard.
ExNMT C
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?AGE. t O1= Z
11. Special charges for connection to sewer system in accordance with \
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Ordinance 984-83 are applicable. The actual cost shall be computed by
the Building Department per the ordinance in effect at the time and
according to the information provided on the approved plans on the date
of permit issuance.
12. Parking must be per City Zoning Code and City Design and Construction
Standards.
13. Any grading/fill on this site shall be done so as to not impact the
surrounding properties.
14. The garbage dumpster/receptacle area shall be enclosed by a solid
screening enclosure. (SEPA Aesthetics Policies)
15. The subject site shall be separated from abutting residentially zoned
properties by a solid screening fence six feet in height constructed of
wood or masonry. A landscape plan shall be submitted to the Planning
Department for review prior to building permit issuance. Landscaping
of planter strips abutting the residentially zoned properties shall
consist of a mix of ornamental evergreen and deciduous trees planted at
intervals of not more than 30 feet on center. Trees shall be a minimum
of six feet high at the time of planting. All planting areas shall be
planted with a mix of shrubs and ground cover. There shall be 5 shrubs
planted per each 100 square feet of landscape area. Shrubs shall be a
minimum of twenty-four inches high at the time of planting. All
perimeter landscaping and screening shall be completed prior to
occupancy of any portion of the proposed buildings. (SEPA Aesthetics
Policies)
16. The landscape plan shall be submitted to the Parks Department to review
landscape materials proposed in or adjacent to the street
right-of-way. (SEPA Public Services, Transportation, Other Policies)
17. Signs for the proposed development shall comply with the standards of
the B-1 zone. (SEPA Aesthetics Policies)
E (H18rr C
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...., CITY OF EVERETT PLANNING DEPARTMENT
e N •CSL.& I• • 5001 S 6 T28 R 5 uPAG�nOt
28
FOR CURRENT ZONING INFORMATION CONTACT EVERETT PLANNING DEPT. 259-8731
•-r1 ACEI MINT ZotZ MAP
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