HomeMy WebLinkAboutResolution 5076 RESOLUTION NO. 5076
A Resolution of the City of Everett Approving
a Proposal to Rezone the Group 4 Property located on
19th Avenue SE and north of the Fred Meyer Store on 132nd Street SE
from R-2 (Single Family 10-12 Dwelling Units per Acre) to
C-1 (General Commercial Multi Family)Upon Annexation
and Approved Completion of Certain Specified
Provisions Contained Herein
WHEREAS,the City of Everett adopted a new Comprehensive Plan in August, 1994, in
conformance with the Washington State Growth Management Act; and
WHEREAS,the Growth Management Act, codified as Chapter 36.70A RCW, allows for
comprehensive plans to be amended on an annual basis; and
WHEREAS,the City of Everett initiated its 2000 annual comprehensive plan amendment
process in July, 2000, which included consideration of Land Use Map amendment and rezone
applications initiated by private property owners; and
WHEREAS,the Everett Zoning Code provides a mechanism by which the City and property
owner may enter into a"performance agreement"wherein the proponent of a rezone agrees to
develop property according to the terms of the agreement before the rezone is finalized by the
City; and
WHEREAS, the City Council has approved the application to amend the Land Use Map; and
WHEREAS,the Ordinance amending the land use map requires that the zoning requested to
implement the changed land use designation be established through a Resolution of Intent to
Rezone which includes certain conditions and limitations agreed to by the applicant and the City;
and
WHEREAS, Group 4 has filed an application to change the Comprehensive Plan designation
from Single Family 10-12 Dwellings per acre to Mixed Use Commercial—Multi Family and
zone the same area as C-1 (General Commercial)upon annexation, for the purpose of
construction of an office building(s); and
WHEREAS, the C-1 zone allows a wide range of commercial uses which could impact the
residential area located to the west; and
WHEREAS,the applicant has agreed to meet certain conditions including only office use of the
site,placing the building(s) 10 feet from the property line on 19th Avenue SE, type I landscaping
along abutting residential properties with a sight obscuring fence, dedication of that portion of
the 127th Place cul-de-sac that lays on the applicant's property as determined by the City,
providing for pedestrian and gas main(stub) connections between 127th Place SE and 19th
Avenue SE,provision of shielding all lights and landscaping on the eastern portion of the
property in conformance with applicable Everett Gateway Standards; and
WHEREAS, the Everett Planning Commission, after a workshop and public hearing and in
consideration of the recommendations of the Planning Department, did adopt certain Findings
and did recommend,by Resolution, to the City Council that the proposed Comprehensive Plan
map change and rezone be approved subject to the specific conditions set forth in said
Resolution; and
WHEREAS, the City Council Finds:
a) The purpose for the requested land use map amendment is to allow for the construction of
an office building(s) only on the subject property; and
b) The applicant cites as a basis for approval of the requested land use change, the positive
impact such use will have on 19th Avenue SE and that with office use of the site,traffic that
would have otherwise been routed along 127th Place SE would now not occur and
c) The terms of this Resolution that limit the use of the property and establish standards for
development are sufficient to mitigate adverse impacts upon the adjacent residential areas; and
d). The rezone bears a substantial relation to the public health, safety and welfare; and
e) The proposal promotes the best long term interests of the Everett Community.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Everett that:
Section 1: It declares its intent to rezone property, the legal description of which is:
Lot 4 of Short Plat No. ZA 8701032SP, recorded under Recording No. 8707220250 and
correction thereto recorded under Recording No. 8803010215, EXCEPT the North 20 feet
thereof as conveyed by Quit Claim Deed recorded under Recording No. 900503090 ,being a
portion of the Northeast quarter of the Southeast quarter of Section 30, Township 28 North,
Range 5 East, W.M., described as follows:
Beginning at the Southeast corner of the above described parcel;
THENCE at the Southeast corner of the above described parcel; THENCE North 88°45' 00"
West along the South line of said parcel, a distance of 3.08 feet; THENCE North 01° 59'14" East
a distance of 215.40 feet to the North line of said parcel; Thence South 88°44'49" East, along
said North line a distance of 2.26 feet to the East line of said Parcel; THENCE South 01° 46'13"
West, along said East line, a distance of 215.40 feet to the Point of Beginning.
Situated in the County of Snohomish, State of Washington.
On this lot described herein the zoning designation will be set to C-1 (Mixed Use Commercial -
Multiple Family) upon annexation and such time as the conditions listed in this Resolution are
deemed to have been met. Pursuant to the provisions of Section 41.160 of Ordinance No. 1671-
89, as amended. The Council shall,by Ordinance, effect such zone change upon being advised
that all of the conditions set forth in Section 2 of this Resolution have been met.
Section 2:
It does hereby adopt the Planning Commission's Recommendations, dated April 17, 2001, as
follows:
a) The applicant's development plans and eventual construction shall include only office
use of the site,placement of the building(s) 10 feet from the property line on 19th Avenue SE,
type I landscaping along abutting residential properties with a sight obscuring fence, dedication
of that portion of the 127th Place cul-de-sac that lays on the applicant's property as determined
by the City, providing for pedestrian and gas main(stub) connections between 127th Place SE
and 19th Avenue SE,provision of shielding all night lights and landscaping on the eastern portion
of the property in conformance with applicable Everett Gateway Standards; and
b) No other uses allowed in the C-1 zone will be permitted on the site. The zoning for the
site will be C-1, limited to office use only.
c) The side of the office building facing 19th Avenue SE shall "connect"to the street by
having a prominent entry to the building. The entry shall be designed with a"coved"entrance
and a connection to the sidewalk on 19th Avenue SE.
d) A landscaped setback from the 19th Avenue SE right of way to the building will be
provided and shall meet type III Landscape standards (EZC 35.050 (C)).
e) The exterior facade along 19th Ave SE will have an area which is at least 60% glass,
windows and/or doors.
Section 3: Expiration of this Approval; If the office use subject to this Resolution has not been
constructed and in full compliance with the terms of this Resolution within five [5] years of the
date of the annexation of the property into Everett this Resolution shall become null and void;
provided, however, if the property is not annexed to Everett on or before January 1, 2008, this
Resolution shall become null and void. Upon annexation the property shall be annexed as R-2
zoning with contract. In the event that this Resolution becomes null and void, future
development of the site shall revert and be subject to the requirements of the Single Family 10-
12 Dwellings per acre and the zoning shall remain R-2.
Section 4: If use of this property is inconsistent with the terms of this Resolution, either before,
during or after construction and installation of all improvements required by this Resolution, the
Resolution shall become void, all entitlements to the uses permitted herein shall be forfeited, and
any use inconsistent with the underlying zoning of the property shall be deemed a violation of
the zoning code and be subject to violation, enforcement, and penalty provisions thereof.
Section 5: Recording; A copy of this Resolution shall be recorded with the Snohomish County
Auditor's Office and shall constitute a covenant running with the land. All conditions,
limitations and terms specified herein shall be binding upon the property and all future owners,
heirs, and assigns with any interest in the property described herein.
.441
Council Member Introducing Resolution
PASSED AND APPROVED THIS 11 t hDAY OF July , 2001.
liv1~06-7.
Council Pre ident
The undersigned is the applicant for the project subject to this Resolution. The applicant agrees
to the provisions of this Resolution, agrees to fully comply, and agrees that the undersigned is
authorized to be bound by the provisions of this Resolution.
-, I
Aic t(si ture) date
tottrA...t L• lc ccc.�
Print name
State of Washington )
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County of h_44,0 n 4/L ,
I certify that I know or have satisfactory evidence tha A i A • ' / s'gned this
instrument and acknowledged it to be (his,her,thei :e an. volunt. ' act for the uses and
purposes mentioned in this instrument.
Dated: . al S, 2O0I
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EXHIBIT "A” - o Scale: 1 inch =500 feet