HomeMy WebLinkAboutOrdinance 2728-03 „4441117../
ORDINANCE NO. 2728-03
An Ordinance amending Ordinance No. 769-81, as amended by Ordinance No. 2085-
95, the Glenwood Terrace Planned Residential Development, to include the adjoining
property (Wendt Property) for the development of three (3) additional townhouse units
Whereas, the property owner for the subject property has requested an amendment to the
Zoning Map rezoning the property described in this ordinance from R-1 to R-1 PRD with
same conditions applied to concomitant agreement as established in Ordinance No. 769-
81and Ordinance No. 2085-95 to allow for the development of three (3) additional
townhouses; and
Whereas, the Hearing Examiner has recommended to the Everett City Council the
approval of the amendment to the Zoning Map with the addition of three (3) units for the
subject property; and
Whereas, the City Council does find that:
a) The proposed rezone is consistent with the Everett Comprehensive Plan;
and
b) The proposed rezone bears a substantial relation to public health or
welfare; and promotes the best long-term interest of the Everett
community; and
c) The terms of the resolution of intent are sufficient to mitigate adverse
impacts upon existing or anticipated land uses in the immediate vicinity of
the subject property;
NOW THEREFORE, the City of Everett does ordain:
Section 1: The following described property (hereafter referred to as Parcel "C” Wendt
Property) is hereby rezoned from R-1 to R-1 PRD subject to the provisions of this
ordinance:
Parcel "C" (Wendt Property)
That Portion of the Northwest Quarter of the Northwest Quarter of Section 1, Township
28 North, Range 4 East W.M. described as follows:
Beginning at the Northwest Corner of said Section 1;
Thence South 1 22' 22" East along the West line of said Section 1 for 150 feet;
Thence due East 826.15 feet to the true point of Beginning of this Description;
Thence continue on the same course 90.00 feet;
Thence South 1 22' 22" East parallel to the West line of said Section 1 for 96.45 feet;
Thence due West 90.00 feet;
Thence North 1 22' 22" West to the true point of Beginning.
Situate In the County of Snohomish, State of Washington
Section 2: Section 3 of Ordinance No. 769-81, which reads as follows:
Parcel "A":
All that portion of the NW quarter of the NW quarter (Government Lot 4) of Section 1,
Township 28 North, Range $ East, W.M., Snohomish County, Washington, described as
follows:
Beginning at the N.W. Corner of said Section 1: 1 22' 22" E along the West line of said
Section for 150 feet to the N. W. corner of the tract herein described and the true point of
beginning;
Thence due East 826.15 feet;
Thence S1 22' 22" E 96.45 feet;
Thence due East 90 feet;
Thence Ni 22' 22" W 96.45 feet;
Thence due East to West line of County Road;
Thence southerly along said County Road 233.21 feet;
Thence West 1253.43 feet;
Thence North 222.9 feet to the true point of beginning.
Situate in the County of Snohomish, State of Washington
Parcel "B":
That portion of the NW Quarter of Section 1, Township28 North, Range 4 East, W.M. ,
Snohomish County, Washington, described as follows:
Beginning at the N.W. Corner of said Section 1 and proceeding thence along the West
line of said Section 1, 1 22' 22" E 372.90 feet to the N.W. Corner of the tract herein
described and the true point of beginning;
Thence continuing along said west line of said Section 1, S 1 22' 22" E 208.63 feet;
Thence East 1312.83 feet;
Thence along the westerly margin of the County Road,N 17 09' 28" W 218.30 feet;
Thence West 1253.43 feet to the true point of beginning;
Also except the following described tract:
Beginning at the N.W. Corner of said Section 1;
Thence S 1 22' 22" E along west line thereof 581.53 feet;
Thence East 919.39 feet to the true point of beginning;
Thence North 178.59 feet;
Thence East 338.30 feet to Westerly line of Maple Heights Road;
2
Thence Southerly along Westerly line of said road 188.90 feet;
Thence west 393.44 feet to the point of beginning.
Situated in the County of Snohomish, State of Washington.
Be and the same is hereby amended to reads as follows:
Parcel "A":
All that portion of the NW quarter of the NW quarter(Government Lot 4) of Section 1,
Township 28 North, Range $ East, W.M., Snohomish County, Washington, described as
follow:
Beginning at the N.W. Corner of said Section 1: 1 22' 22" E along the West line of said
Section for 150 feet to the N. W. corner of the tract herein described and the true point of
beginning;
Thence due East 826.15 feet;
Thence 51 22' 22" E 96.45 feet;
Thence due East 90 feet;
Thence N1 22' 22" W 96.45 feet;
Thence due East to West line of County Road;
Thence southerly along said County Road 233.21 feet;
Thence West 1253.43 feet;
Thence North 222.9 feet to the true point of beginning.
Situated in the County of Snohomish, State of Washington
Parcel "B":
That portion of the NW Quarter of Section 1, Township28 North, Range 4 East, W.M. ,
Snohomish County, Washington, described as follows:
Beginning at the N.W. Corner of said Section 1 and proceeding thence along the West
line of said Section 1, 1 22' 22" E 372.90 feet to the N.W. Corner of the tract herein
described and the true point of beginning;
Thence continuing along said west line of said Section 1, S 1 22' 22" E 208.63 feet;
Thence East 1312.83 feet;
Thence along the westerly margin of the County Road,N 17 09' 28" W 218.30 feet;
Thence West 1253.43 feet to the true point of beginning;
Also except the following described tract:
Beginning at the N.W. Corner of said Section 1;
Thence S 1 22' 22" E along west line thereof 581.53 feet;
Thence East 919.39 feet to the true point of beginning;
Thence North 178.59 feet;
Thence East 338.30 feet to Westerly line of Maple Heights Road;
Thence Southerly along Westerly line of said road 188.90 feet;
3
Thence west 393.44 feet to the point of beginning.
Situated in the County of Snohomish, State of Washington.
Parcel "C" (Wendt Property)
That Portion of the Northwest Quarter of the Northwest Quarter of Section 1, Township
28 North, Range 4 East W.M. described as follows:
Beginning at the Northwest Corner of said Section 1;
Thence South 1 22' 22" East along the West line of said Section 1 for 150 feet;
Thence due East 826.15 feet to the true point of Beginning of this Description;
Thence continue on the same course 90.00 feet;
Thence South 1 22' 22" East parallel to the West line of said Section 1 for 96.45 feet;
Thence due West 90.00 feet;
Thence North 1 22' 22" West to the true point of Beginning.
Situated in the County of Snohomish, State of Washington.
Section 3: Parcel "C" Wendt Property as described in Section 1 shall be subject to the
provisions of Ordinance No. 769-81 as amended by Ordinance No. 2085-95.
Section 4: Parcel "C" Wendt Property as described in Section 2 shall be subject to the
following requirements:
a. A revised overall site plan must be submitted to the City for final approval.
b. The applicant must submit a revised Binding Site Plan and Condominium
Declaration including the Wendt property.
c. All landscaping shall be in accordance with the landscaping plan submitted to the
Hearing Examiner as Exhibit# 6.
d. The townhouse units shall be consistent with the building elevation submitted to
the Hearing Examiner as Exhibit#5.
e. Traffic mitigation fee of$2,700 is required prior to issuance of the building
permit for the subject property.
f. A car washing area is required. The car washing area must be hydro logically
isolated from the rest of the site, must be covered (unless otherwise approved by
the City Engineer), and wash water from the area must drain to the sanitary sewer
after being routed through a baffle-type oil/water separator designed to City
standards. Signs must be posted on the site indicated that car washing is limited
to the designated area only. The project covenants must contain a clause-
prohibiting car washing on the site outside of the specially designated area.
4
Covenants shall call for such a clause to be written into the sale agreement, tenant
lease, and/or rental agreement. In addition, a note stating that car washing is only
permissible in the designated area must be included on the storm plans.
g. A school mitigation fee of$300.00 per unit needs to be paid to the Mukilteo
School District prior to issuance of building permits.
Section 5: In the event there is a conflict between the provisions of Section 4 of the is
ordinance and those set forth in Ordinance No. 769-81, as amended by Ordinance No
2085-95, the provisions of Section 4 of this ordinance shall control.
Section 6: Any use of the use of the Property inconsistent with the provisions of
Ordinance No. 769-81, as amended by Ordinance No. 2085-95, and the provisions of this
Ordinance shall be a violation of the City of Everett Zoning Code. Any such violation
shall be subject to all enforcement provisions of City's Zoning regulations.
Section 7: The City Clerk of the City of Everett is hereby instructed to file a duly
certified copy of this ordinance including exhibits with the Auditor of Snohomish
County, Washington.
Section 8: Savings
The enactment of this ordinance shall not affect any case, proceeding, appeal or other
matter currently pending in any court or before the City or in any way modify any
obligation, right or liability, civil or criminal, which may exist by virtue of any of the
ordinances herein amended.
Section 9: Severability
If any section, subsection, sentence, clause, phase or word of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutional thereof shall not affect the validity or constitutionality of any other
section, subsection, sentence, clause, phase or word of this ordinance.
Section 10: Corrections.
The City Clerk is authorized to make necessary corrections to this ordinance including,
but not limited to, the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
5
CITY OF EVERETT
eal.
.rv'
AYOR
ATTEST:
, .
_ !
l
CITY CLERK
Passed: 10-22-03
Valid: 10-23-03
Effective: 11-07-03
Published: 10-29-03
Ordinance Glenwood Terrace PRD Revision
6