HomeMy WebLinkAboutResolution 4866 RESOLUTION NO. 4866
A Resolution of Intent to Rezone the West Side of the 4100 Block of Terrace Drive
from R-1 (Single Family Low Density) to B-2 (Community Business) as Part of
the 1998 Update to the City of Everett Growth Management Comprehensive Plan.
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 RCW Chapter 36.70A, allows for
comprehensive plans to be amended on an annual basis; and
WHEREAS, the City of Everett initiated its 1998 annual comprehensive plan amendment
process in July, 1998, which included consideration of Land Use Map amendment and
rezone applications initiated by private property owners; and
WHEREAS, Safeway, Inc., applied for an amendment to the Comprehensive Plan Land
Use Map for property located on the west side of the 4100 block of Terrace Drive, from
"Single Family, 5 to 10 Dwellings per Gross Acre"to"Mixed Use Commercial -
Multiple Family;" and
WHEREAS, Safeway, Inc., has also applied for a rezone of said property from R-1
(Single Family Low Density)to B-2 (Community Business) for the purpose of building a
larger grocery store; and
WHEREAS, the Planning Commission, after holding a public hearing, did adopt Findings
and Conclusions and recommended to the City Council that the proposed plan
amendment be approved, subject to a Resolution of Intent to Rezone, pursuant to the
provisions of Section 41.160.D.7 of Ordinance No. 1671-89, as amended; and
WHEREAS, the City of Everett finds that requiring the future development of the subject
properties to be as a single redevelopment with a grocery store on the subject site
combined with the existing grocery store site on the east side of Terrace Drive provides
for the public health, safety and welfare; 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,based upon findings and conclusions stated in Ordinance
No. 2441-00, approved the application to amend the Land Use Map; and
WHEREAS, said Ordinance No. 2441-00 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, the City Council finds:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone bears a substantial relationship to the public health, safety
and welfare;
3. The proposed rezone promotes the best long term interests of the Everett
community;
4. The terms of this resolution are sufficient to mitigate the impacts of the use of the
property authorized by the rezone.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the City Council of the City of Everett declares its intent to rezone
property located on the west side of the 4100 block of Terrace Drive, as indicated in
Exhibit "A," which is attached hereto and incorporated herein by reference, from R-1 to
B-2,pursuant to the provisions of Section 41.160 of Ordinance No. 1671-89, as amended.
The Council shall by ordinance effect such rezone upon being advised that all of the
following conditions, stipulations, limitations, and requirements contained in this
Resolution have been met:
1) The properties may continue to be used for uses allowed in the R-1 zone
according to the standards thereof. The future use and development of the subject
properties for uses other than allowed by the R-1 zone shall be for a grocery store,
and subject to approval by the City through the SEPA review process. The
proposed development shall be designed as an integrated development with
abutting B-2 zoned property located on the east side of the 4100 block of Terrace
Drive, in accordance with all conditions established as part of the subsequent
SEPA review process,this Resolution and applicable B-2 zone regulations.
2) The development of the subject property for uses other than those allowed
in the R-1 zone and rezoning of the subject property shall be contingent upon the
City Council approving a vacation of the Terrace Drive right-of-way between 41st
and 42°d Streets.
3) Development shall be in substantial conformity with the conceptual site
plan approved indicated as "Exhibit B," and"Exhibit C—Safeway Zoning
Conditions" as attached hereto and incorporated herein by reference. The
Planning Director is authorized to approve modifications to the plan provided that
such modifications do not increase the potential for visual, noise and traffic
impacts on the adjacent residential neighborhood. Development of the site and
any off-site improvements deemed necessary by the City shall include design
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measures that mitigate visual, noise, and traffic impacts on the adjoining
residential neighborhood.
4) Construction must be commenced within five (5) years of the date of
approval of this Resolution. Construction of buildings and of the site
improvements permitted by this Resolution shall be completed within one year of
the date of issuance of building permits. The Planning Director may authorize an
extension of up to one additional year.
5) When Safeway gains control of the BP station, if and when it is
redeveloped, its development shall be at the same standards as the rest of
Safeway's property, i.e., landscaping type, landscape area, and signage.
6) Use of Property Inconsistent with this Resolution. If any use of the
subject property occurs which is inconsistent with the terms of this Resolution,
either before, during, or after construction and installation of all improvements
required by this Resolution,this Resolution shall become void and all entitlements
to the uses permitted herein shall be forfeited, and any use inconsistent with the
R-1 zoning of the property shall be deemed a violation of the zoning code and be
subject to the violation, enforcement, and penalty provisions thereof.
(7) A copy of this Resolution shall be recorded with the Snohomish County
Auditor's Office. 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.
Section 2. The City reserves the right to impose new or different regulations to the extent
necessary required by a serious threat to public health and safety.
Section 3. That this Resolution shall not become effective unless and until the City
Council approves the vacation of Terrace Drive between 41st Street and 42nd Street. In
the event the City does not approve said vacation prior to July 19, 2000, then this
Resolution shall become null and void at such time. "Approve(s)"means the adoption of
a street vacation ordinance by the Everett City Council which ordinances then become
effective.
Council Member Introducing Resolution
PASSED and APPROVED this 26th day of January , 2000.
Counci !'resident /
aferes
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Resolution of Intent to Rezone from R-1 to B-2
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EXHIBIT C
Safeway Zoning Conditions
The following conditions are imposed on Safeway, Inc. as part of the Resolution of Intent to
Rezone the property at 41St and Terrace Drive, to mitigate the likely impacts of the use of the
property as authorized by the Resolution.
1. Setbacks
1.1 Rear Setback. No rear setback is required by the Everett Zoning Code in the B-2
zone because the proposed store abuts an improved alley. However, to allow for
additional landscaping and to further buffer the store from the residential housing
that is located across the alley, Safeway shall provide a minimum 8-foot setback
from the eastern edge of the alley right-of-way to the structural building wall.
Decorative/modulation features of the building may extend into the setback area.
1.2 Side Setback. No side setback is required by the Everett Zoning Code in the B-2
zone. However, Safeway shall provide a 7-foot setback on the south side of the
building abutting 42nd Street.
2. Landscaping
2.1 In addition to complying with the requirements of the Everett Zoning Code,
Section 35 landscaping Category B (Table 35-1), development will be consistent
with the landscaping concepts presented to the City Council on October 20, 1999.
2.2 West Side (Alley) Landscaping—To provide an additional buffer for the
neighborhood residential uses, for that portion of the western property line which
abuts the alley, Safeway shall upgrade the landscaping from Type III, which is
required by the Code, to Type II landscaping or the substantial equivalent as
approved by the Planning Director.
2.3 41st Street Landscaping—For the portion of the property line which abuts
41st Street, Safeway shall provide a 10-foot Type III landscaping or the substantial
equivalent as approved by the Director.
2.4 Parking Lot/BP Station Landscaping—For the portion of the site which includes
the parking areas and the border with the BP service station, Safeway shall
comply with all Code requirements for interior site and parking lot Type III
landscaping or the substantial equivalent as approved by the Director. Safeway
shall provide a 5-foot landscaping screen along the border of its parking lot and
the BP station. This assumes that the BP station is not a part of the
redevelopment of the site.
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2.5 Rucker Avenue Landscaping—For the portion of the property which abuts Rucker
Avenue, Safeway shall provide a 10 foot strip of Type III landscaping or the
substantial equivalent as approved by the Director.
2.6 42nd Street Landscaping—To provide an additional buffer for the neighborhood
residential uses, for the western 215 feet of the property which abuts 42nd Street
(adjacent to the building and the noise attenuation wall), Safeway shall upgrade
the landscaping from a 10 foot strip of Type III landscaping to a 12 foot strip of
Type II landscaping or the substantial equivalent as approved by the Director. For
the remainder of the property which abuts 42nd Street, Safeway shall provide a 10
foot strip of Type III landscaping or the substantial equivalent as approved by the
Director.
3. Limitations on Construction Hours: Safeway shall limit the hours of noise-generating
construction activities on the building shell and site exterior to 7:00 a.m. to 10:00 p.m. on
weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, Sundays, and state-recognized
holidays.
4. Signage
4.1 Safeway shall provide signage that is uncluttered, safe and attractive from the
public rights-of-way. Safeway's signage shall comply with the requirements of
Section 36 sign category A or using the Comprehensive Sign Design Plan. Signs
shall be maintained in a safe, neat, clean, and attractive condition.
4.2 The light directed on or internal to any sign shall be shaded, shielded or directed
so that the light intensity or glare shall not adversely affect surrounding or facing
premises, the safe vision of vehicle operators moving on public or private roads,
or the safe vision of pedestrians on public right-of-way. Glare and intense
lighting of signs shall not shine on,nor directly reflect into,residential structures.
4.3 Any free-standing sign will be equipped with a protective island, which provides
protection for at least three feet in all directions from the sign structure to prevent
vehicles from hitting the sign and to improve the overall visual appearance of the
sign. The protective island shall be planted with shrubs and ground cover that
meet the standards of Section 35.110 of the zoning code and shall be maintained
in accordance with the standards of Section 35.130.
4.4 Any signs will be designed and constructed in accordance with the requirements
of the Uniform Sign Code and(if electrically illuminated)the current adopted
National Electric Code.
5. Garbage containers: For garbage disposal, Safeway shall use a self-contained
compactor container system in which(a) garbage is placed into containers only from the
inside of the building, and(b)drainage is connected directly to the sanitary sewer. The
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system will use completely enclosed containers that will remain closed when removed
and transported off site.
6. Lighting All exterior lighting shall be directed or shielded to avoid unreasonable
spillage of light onto adjoining or nearby properties. All lighting at the parking lot
perimeter shall have"House Shields."
7. Noise and Vibration
7.1 Safeway will retain an acoustician to perform a noise study and make
recommendations for noise mitigation that will meet or exceed the requirements
of the City of Everett Municipal Code, Chapter 20.08 for Noise Control.
7.2 The loading dock shall be fully enclosed(as depicted in the attached drawing) to
minimize noise impacts on adjoining and nearby properties.
7.3 Delivery vehicles shall not be parked on 42nd Street or the alley, to minimize
noise impacts on adjoining and nearby properties.
7.4 Delivery vehicle motors shall be turned off when the vehicles are parked at the
store to limit noise impacts on adjoining and nearby properties, except as
necessary to maintain refrigeration. Safeway shall post signs at the store, in forms
and locations as determined by the Director, informing delivery truck drivers of
this requirement.
7.5 Deliveries to the store by delivery trucks shall be limited to the hours of 7:00 AM
to 10:00 PM, to limit noise impacts on adjoining and nearby properties.
7.6 Pilings for the structural support of the new building shall be auger cast pilings, to
minimize vibration impacts on adjoining and nearby properties from construction
of the new building.
8. Maintenance.
8.1 Safeway shall fully maintain its property in a safe, clean, and attractive condition.
It shall maintain a regular practice of picking up litter and keeping the property
reasonably free of trash. It shall maintain its landscaping in accordance with the
landscaping maintenance standards of EMC 35.130. It shall contract with a
licensed pest control operator to provide regular services to control rodents and
other pests at the site.
8.2 To enforce this condition, a maintenance assurance device shall be established
and maintained in accordance with the following provisions (and consistent with
Chapter 40 EMC):
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8.2.1. The Planning Director shall determine the amount of the assurance
device, provided that the amount shall be not less than three hundred
percent of the annual cost of the maintenance activities. Safeway shall
submit to the Planning Director a detailed estimate of the annual cost
of the maintenance activities required by this condition. The Planning
Director may use the estimate to determine the amount of the
assurance device,but is not bound by the information submitted by
Safeway in determining the appropriate amount.
8.2.2. The Planning Director shall determine the period of time that the
assurance device shall be in effect,provided that the time period shall
not be less than ten(10)years. If during this time period it becomes
necessary for the City to obtain and use the proceeds of the assurance
device for maintenance activities, Safeway shall promptly replenish
the device to its original amount.
8.2.3. If the maintenance activities covered by this condition are not
completed in a timely manner, the Planning Director shall notify
Safeway as specified in Chapter 40 EMC. If Safeway does not
complete the work covered by this condition within the time specified
in the notice,the City may obtain proceeds from the assurance device
and do the work or contract to have the work done, as specified at
Chapter 40 EMC.
9. Truck Access To and From Store.
9.1 Delivery trucks shall access the store site from either 41st St. or Rucker Ave., and
they shall be prohibited from using 42nd St. west of the parking lot entrance and
prohibited from using Grand Ave.
9.2 Safeway shall post signs at the store, in forms and locations as determined by the
Director, stating that all trucks delivering material to the store are prohibited from
using 42nd St. west of the parking lot entrance or Grand Ave.
10. BP Station Property. Safeway is encouraged to negotiate with the owners of the BP
Station property at the corner of 41St St. and Rucker Ave. with the goal of seeking an
early termination of the lease,to allow the incorporation of this property into the Safeway
site at the earliest possible time.
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