HomeMy WebLinkAboutResolution 4644 4F41
RESOLUTION NO. 4644
A RESOLUTION approving a development proposal (Schnitzer Merrill
Creek Apartments West) at a site located on Merrill Creek Parkway, setting
forth conditions to which the development proposal shall be subject, and
declaring its Intent to Rezone said property from R-3 to R-3(PRD), upon
approval of the final development plan.
WHEREAS, Schnitzer Northwest LLC filed an application to rezone property located on the
north side of Merrill Creek Parkway between Narbeck Creek and Merrill Creek, from R-3 to R-3
Planned Residential Development (PRD), for the purpose of constructing a 218-unit multiple
family development with 430 parking stalls on a 14.4 acre parcel of land; and
WHEREAS, the Hearing Examiner, after holding a public hearing, did make certain findings,
conclusions, and recommendations, and did recommend to the Everett City Council that the
application be approved pursuant to the provisions of Chapters 19.32.130 and 19.41.160.D.7 of
the Everett Municipal Code, and shall be subject to the specific conditions set forth in said
Recommendation and Mitigated Determination of Non-Significance dated June 24, 1998; and
WHEREAS, the City of Everett, hereinafter referred to as "City," finds that by approving a
specific number of units in addition to landscaping and recreational amenities, and by
establishing certain standards for the development of the property to be rezoned,that the
preliminary development plan is compatible with abutting properties as proposed; and
WHEREAS, the 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 finds:
1. This Resolution of Intent to Rezone the site to a zoning classification of"R-3(PRD)" is
consistent with the land use designation applied to the property by the Everett
Comprehensive Plan; and
2. The conditions applied to the development of the site through the Resolution of Intent to
Rezone will mitigate the impacts associated with the development of the property, thereby
bearing a substantial relationship to the public health, safety and welfare; and
3. The Resolution of Intent to Rezone assures that the development of the site will comply
with all applicable City ordinances, regulations and mitigation measures, thereby
promoting the best long terms interests of the Everett community;
NOW, THEREFORE, BE IT RESOLVED that the Everett City Council declares its intent to
rezone property located on Merrill Creek Parkway, as described in the attached legal description,
which is attached hereto as Exhibit A, from R-3 to R-3(PRD), for the purpose of constructing a
218-unit apartment complex,pursuant to the provisions of Section 41.160 of Ordinance 1671-89,
as amended, and the conditions of this Resolution of Intent. Council shall, by ordinance, effect
such rezone upon being advised that all of the following conditions and requirements contained
in this Resolution have been met:
Section I:
1. Final Site Plans: A final site plan must be submitted to the City Planning/Community
Development Department that is in substantial compliance with the approved preliminary
development plan and conditions of approval as stated in the Resolution of Intent to Rezone, if
approved by the Everett City Council.
2. Final Landscape Plans: Final landscaping plans must be submitted to the City
Planning/Community Development Department for approval. The plans must be generally
consistent with the approved preliminary landscape plan and must address the following:
a. A detailed final plan for the entire site showing width and location of all landscape buffers,
streetscape, location of plant material, specific plant type, size and quantity;
b. A detailed final plan of the landscaped entryways and identification signing.; and,
c. Restoration and supplemental landscaping of environmentally sensitive area buffers,
including the steep slope setback on the eastern margin of the development and areas disturbed
during trail construction.
3. All common landscaped areas and fencing shall be maintained by a Homeowners Association. A
Maintenance Assurance Device shall be provided consistent with Chapter 40 of the Zoning Code.
4. Building Design/Unit Type: Final building designs and unit type shall be reviewed by the City
Planning/Community Development Department and shall meet the following criteria:
a. 218 Multiple-Family Dwelling Units;
b. Final building plans consistent with the approved Final Site Plan and Elevations.
5. Final grading plans, with approved finished elevations for each building, consistent with the
preliminary grading plans on file with the City.
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6. The Applicant shall execute appropriate documents, acceptable to the City Attorney, which
authorizes construction of the public trail and associated grading activity on the abutting City-
owned property (Lot 10, Seaway Center), and which indemnify and hold the City harmless from
said work. The document(s) shall stipulate the location and design specifications of the trail.
7. A Public Works permit is required for this project. 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 Occupancy Permits are issued.
8. Lack of comment on the plans submitted with the application does not constitute approval of these
plans.
9. This project must comply with the current City of Everett Building Code and Sprinkler Ordinance.
10. Special charges for connection to the sewer and water systems in accordance with Ordinance
1998-94 and subsequent revisions are applicable. These charges are based on projected water
usage and can be substantial. The Applicant is encouraged to obtain a copy of the ordinance and
determine estimated charges prior to building permit application. The actual charges shall be
computed by the Public Works Department per the ordinance in effect at the time of building
permit issuance.
11. On-site detention of stormwater runoff is required per city standards.
12. Treatment of stormwater runoff from paved areas must occur,per City Standards,prior to
discharge of the stormwater from the site or to a stream or wetland. Stormwater treatment is
currently required when 5,000 square feet of pavement is created by a project. The preferred
options for stormwater treatment are:
(1) an infiltration basin, if suitable soils exist on the site;
(2) a wetpond; or
(3) a constructed wetland.
13. All stormwater facilities must be designed in accordance with City standards. If none of the above
stormwater treatment options is feasible, in the opinion of the City's Public Works Department, a
biofiltration swale (designed and constructed in accordance with City standards)will be required
to treat stormwater runoff.
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14. Per City standards, surface drainage facilities including wetponds, detention facilities, vegetated
swales, and infiltration facilities shall be located outside the associated buffers of all wetlands,
streams, rivers, lakes, or ponds. Wetlands may not be used for detention of stormwater.
15. All collected surface water exiting the subject property must be conveyed to the nearest
established, stable drainage course, within the naturally occurring drainage basin, by pipe or by an
approved swale in a manner that will not result in erosion or flooding. Sufficient downstream
information and analysis must be provided to enable the City to determine that this requirement is
being met. Appropriate easements will be required if conveyance must occur across private
property.
16. The City may require geotechnical analysis for the proposed location and configuration of the
wetpond and structural design of any retaining walls or rockeries associated with this facility. All
live detention storage should be provided in the vault to minimize the chance of failure of the
surface facility and an impermeable pond liner may be required to prevent water infiltrating from
the pond.
17. The outlet pipe from the pond, shown running parallel to the east side of the pond, should be
located outside of the 25-foot steep slope setback. Only those discharge pipes necessary to convey
the discharges to the creeks would cross the steep slope setback. All catch basins an/or manholes
associated with the storm drainage facilities and discharges must be located outside of the steep
slope and slope setback areas.
18. Any broken or damaged sidewalk shall be repaired/replaced per the Public Works Inspector.
19. Per City standards, a temporary construction chainlink or solid wooden fence a minimum of four
(4) feet high must be placed along the edge of any wetland, stream, lake or slope buffers prior to
the initiation of any land alteration activities on the site. (Design and Construction Standards and
Specifications)
20. A permanent fence must be constructed along the entire edge of the environmentally sensitive area
(ESA)buffer. The design of the fence shall be split rail, or an alternative approved by the
Planning Department prior to issuance of permits. City of Everett ESA signs must be placed at
approximately 50 foot intervals along the fence. The signs are available from the Planning and
Community Development Department. (SEPA Earth, Plant and Animal, and Land and Shoreline
Use Policies)
21. The site contains portions of more than one drainage basin. The amount of area draining to the
creek in each basin after development should not be greater than the area draining to each creek
before development.
22. Per City Policies, due to the proximity of the site to Merrill and Ring Creek and Narbeck Creek,
seasonal limitations may be placed on land alteration activities on the site. Land alteration
activities are defined in the city's Design and Construction Standards and Specifications as
clearing, grubbing, excavation, filling, grading, and stockpiling. Determination of the exact
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seasonal limitation period requires site specific information generally not available until the
project's design stage. However, preliminary analysis using the information available at this time
indicates that clearing and land alteration activities on the project site will be restricted to the
period between April 1 and October 1.
23. City Streets are to be kept clear of dirt and debris at all times during the construction. Dust
suppression and street cleaning must occur as directed by the Public Works Inspector.
24. Permits must be obtained for all fill removed from the site and placed within the City Limits.
25. A one-year guarantee is required on the public improvements for an amount not less than 10% of
the cost of construction and shall run for one year from the date of issuance of the first Occupancy
Permit for the project.
26. A two-year guarantee is required for private retention/detention or other drainage
treatment/abatement facilities serving areas larger than one acre.
27. On-site watermain will be staked within an easement to the City. The easement must be submitted
to the City prior to the issuance of permits.
28. As-builts of storm sewer, sanitary sewer, and water systems must be submitted per City Design
and Construction Standards and Specifications.
29. A specially designated area will be required for washing of cars by tenants of the complex. The
area must be hydrologically isolated from the rest of the site, be covered, and washwater 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 limiting car washing to the
designated area only. The tenant lease or rental agreement must contain a clause prohibiting car
washing on the site outside of the specially designated area. A covenant must be recorded and
signed by the owner stating that such a clause will be written into the tenant leases and/or rental
agreements. In addition, a note stating that car washing is only permissible in the designated area
must be included on the storm drainage plans.
30. As an alternative to the specially designated car washing area, hose bibs can be eliminated from
the site or tenant access to them prevented. If this option is exercised,the tenant lease or rental
agreement must contain a clause prohibiting car washing on the site. A covenant must be recorded
and signed by the owner stating that such a clause will be written into the tenant leases and/or
rental agreements. In addition, a note stating that car washing is prohibited on the site must be
added on the storm drainage plans.
31. The tenant lease or rental agreement for the project must contain a clause prohibiting vehicle
maintenance on the site. A covenant must be recorded and signed by the owner stating that such a
clause will be written into the tenant leases and/or rental agreements.
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32. All storm drains in the development must be stenciled with a message similar to "DUMP "NO
WASTE, DRAINS TO STREAM." This message is typically spray-painted onto the ground
adjacent to the catch basin with the use of a stencil. The stenciling needs to be repeated,
approximately annually, when the paint wears off. The developer/owner may either perform the
stenciling, or give permission for volunteer groups to enter onto the property and perform
stenciling.
33. Parking must be per City Zoning Code and City Design and Construction Standards and
Specifications. For the 218 units proposed and 34 detached garages, a minimum of 417 parking
stalls is required. Handicap spaces must be provided per the Washington State and City of Everett
Building Codes.
34. A pedestrian circulation system for the site must be approved by the Planning Director and Traffic
Engineer prior to the issuance of any building permits. Walkways must allow pedestrians and
wheelchairs to gain easy access from parking areas, sidewalks and bus stops to building entrances
through the use of paths which are physically separated from vehicle traffic and maneuvering
areas. (See the City's Design and Construction Standards and Specifications Manual and Section
39.165 of the Zoning Code.)
35. Placement and screening of refuse disposal areas must be provided per Section 39.080 of the
Zoning Code as follows:
a. Garbage receptacles, dumpsters, and recycle bins shall be provided in all multiple family,
commercial, industrial, and institutional developments and shall not be located in a required front
yard setback area, or street side setback area for corner lots. Where an alley abuts a lot, the
garbage receptacles, dumpster, or recycle bin shall be located adjacent to the alley.
b. All garbage dumpsters and recycle bins must be screened from view from the street and
from adjacent properties. This screening may be done using dense vegetation or by placing the
dumpster or recycle bin in a structural enclosure.
c. For specifics on design of refuse and recycling facilities, contact Rubatino Refuse
Removal, Inc. at 259-0044 for areas generally north of 112th Street. For areas east of I-5 from
Valley View south, contact Waste Management Northwest, Inc. at 337-1197.
36. Rooftop mechanical equipment, including vents, must be screened per Section 39.040 of the
Zoning Code.
37. Building setbacks must be a minimum of 20 feet front yard, 5 feet side yard and 20 feet rear yard.
38. The building height for the proposed buildings shall be consistent with the building elevations
provided with the PRD application. Building height shall be measured from the base elevations as
established in the conceptual grading and storm plan dated May 18, 1998. Minor revisions to the
finished floor elevations may be authorized during the final PRD review process.
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39. Landscaping must be provided per Section 35 of the Zoning Code. At a minimum this must
include the following:
a. A landscape strip a minimum of 20 feet wide must be provided in the front yard setback
area along the Merrill Creek Parkway frontage,except for the driveway. This area shall be planted
with Type III landscaping.
b. A landscape strip a minimum of five feet wide must be provided along the west property
lines. This area shall be planted with Type III landscaping.
c. A landscape strip a minimum of 20 feet wide must be provided along the north property
line where the property abuts the City park property, consistent with the preliminary landscape
plan. This area shall be planted with Type III landscaping, consisting of native vegetation.
d. Landscaping within the interior of the parking lot shall be provided consistent with the
preliminary landscape plan. Individual landscape islands must meet the locational and size
requirements of Section 35.080.E of the Zoning Code.
e. Prior to issuance of any permits, landscaping plans must be reviewed and approved by the
Planning Department per Section 35.100 of the Zoning Code. The landscaping plan must show
location and dimensions of required vegetated swales, wetponds, detention ponds, rockeries and
retaining walls, and grading at 2 foot intervals. Irrigation systems must be provided in all
landscaped areas per Section 35.130 of the Zoning Code. A two-year maintenance assurance
device must be provided for the landscaping per Section 35.130B of the Zoning Code.
40. A minimum of 32,700 square feet of open space is required on the site per Section 15.030 of the
Zoning Code. Calculations for open space areas must be provided on the plans submitted for
Building Permits. Landscaping in the parking areas and setbacks shall not be counted in meeting
this standard.
41. On-site recreation facilities must be provided per Section 15.110 of the Zoning Code. For the 218
units proposed, with unit size ranging from 600 to more than 900 square feet, the project will have
a recreation impact of 5.48 acres. Prior to the issuance of final approval,the City must approve a
plan for on-site recreation facilities. As part of the final PRD application,the Applicant must
submit a recreation plan including standards and specifications for recreation areas and equipment,
both inside and outside the building, including pictures of proposed equipment. If sufficient
information is not known at time of submittal for final approval, minimum specifications or
examples must be provided. Prior to the issuance of Building permits, the Planning Department
must approve a plan for on-site recreation facilities. Tot lots must be located in central areas,
where adequate supervision of children can be provided.
42. Building facade modulation and roofline variation must be provided per Section 15.050 of the
Zoning Code. The maximum permitted wall length without building facade modulation is 30 feet.
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43. Access - The Uniform Fire Code requires that all new structures shall provide Fire Department
access roads to within 150 feet of all portion of the ground floor. Fire Department access roads
(Fire Lanes) shall provide a minimum of 20 feet in width of unobstructed, all -season driving
surface with a minimum clear height of 13'6". Fire Lanes will be posted and maintained as
required by the Fire Department.
44. Fire Hydrants - The Everett Municipal Code and the Uniform Fire Code required that fire hydrants
be provided within a maximum distance and of sufficient number and spacing to all new
construction. The distance and number of hydrants varies based on the type of construction and
occupancy of the structure.
• The Recreation Center requires one (1)hydrant within 200 feet;
• Building 8 requires three (3)hydrants within 200 feet;
• Buildings 1-7 all require two (2)hydrants each within 200 feet.
Hydrants shall not be located closer than 50 feet to the buildings. The locations of
hydrants must be approved by the Fire Marshal's Office.
45. Fire Flow:
• Building 8 - Based upon 32,700 square feet of Type V-N, sprinklered construction, the fire
flow requirement is 2,500 gpm;
• Building 7 - Based upon 30,300 square feet of Type V-N, sprinklered construction, the fire
flow requirement is 2,250 gpm;
• Buildings 1-6 - Based upon 25,680 square feet of Type V-N, sprinklered construction,the
fire flow requirement is 2,125 gpm;
• Recreation Center- Fire flow requirement for this structure is 1,750 gpm;
46. Fire Suppression (Sprinkler) System (Buildings 1-8)-An approved automatic suppression system
shall be provided as required by City Ordinance No. 1902-92, Chapter 16.76, of the Everett
Municipal Code.
Plans for any such system must be submitted to the Building Department and the Everett Fire
Department for examination and approval. Such plans must include plans for the underground
mains that will supply the sprinkler system.
As of January, 1991, sprinkler system permits are issued by the Building Department. Plan review
fees are assessed by the Building Department. No fee is assessed by the Fire Department.
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Above ground sprinkler piping must be hydrostatically tested as established in NFPA Standard 13.
Underground piping must be hydrostatically tested and flushed as established in NFPS Standard
24 for private fire mains. All such tests must be witnessed by a Fire Department inspector. Call
259-8710 to make an appointment for inspection.
Contractors' materials and test certificates must be submitted to the Everett Fire Department prior
to issuance of any Certificates of Occupancy.
Call 257-8120 for more information.
47. Fire Alarm System (Buildings 1-8. Rec. Building) -An approved automatic fire detection system
installed in accordance with City Ordinance No. 1902-92, Chapter 16.76, of the Everett Municipal
Code.
Plans for such a system shall be submitted to the Fire Marshal for review and approved prior to
installation. Submittal shall include cut sheets of all equipment intended for use. Appropriate trip
tests, witnessed by a Fire Department inspector, shall be performed, along with a certificate of
completion prior to acceptance of the system.
Fire alarm systems shall be installed according to NFPA Standard 72.
Fire alarm systems shall be installed under permit of the City of Everett Building Department.
Electrical inspections and approval are required prior to calling for acceptance tests. Call (425)
257-8810 for permit information.
48. Portable Fire Protection- A portable fire extinguisher with a minimum U.L. rating of 2-A:10-B:C
shall be provided within 75 feet of travel on all floors of each building during construction and
prior to occupancy.
49. Fire lanes must be provided as required in Everett Municipal Code 46.44. Fire lanes must be
identified by red curbs with white stenciling stating "NO PARKING - FIRE LANE" and vertical
signs stating "NO PARKING - FIRE LANE - TOW AWAY ZONE." Location must be approved
by the Fire Marshal.
50. The premises must be clearly identified by address at the street entry. Each building must be
clearly identified so as to be visible and legible from the access road. Individual apartments and
suites, where applicable, shall be clearly and legibly identified from the access road.
51. Trash Collection- Dumpsters over 1.5 cubic yards capacity shall be located a minimum of five
feet from the building [UFC 1103.2.2, 1994 Edition].
52. The City of Everett prohibits outdoor burning. Therefore, outdoor burning for the purpose of
disposing of construction debris or rubbish will not be permitted.
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53. Premise identification and all required fire hydrants and access roads must be in service prior to
commencement of construction.
54. Fire safety practices during construction must be in compliance with the Uniform Fire Code, 1985
Edition, Article 87, "Fire Safety During Construction."
55. For fire safety in multifamily projects with community laundry facilities,the following is required:
a. A self-closing, solid core door must be installed for the laundry room. Any restraining
device must be activated by an approved smoke detector.
b. A covered metal container must be provided for the disposal of combustible waste in the
laundry room.
56. The Washington State Clean Air Act requires the use of all known, available, and reasonable
means of controlling air pollution, including dust. Dust generated during construction activities
can be controlled by wetting those dust sources such as areas of exposed soils, washing truck
wheels before they leave the site, and installing and maintaining gravel construction entrances.
Construction vehicle track-out is also a major dust source. Any evidence of track-out can trigger
violations and fines from the Department of Ecology or the Puget Sound Air Pollution Control
Agency.
57. The proposal must also comply with all other City Code and Ordinance requirements not
specifically set forth herein.
Section II:
The City of Everett was designated as the lead agency for the review of impacts to the environment as a
result of the proposed PRD. On June 24, 1998, the City issued a SEPA MDNS that was subject to
conditions. The following are mitigation items required to address the environmental impacts of the
proposal.
1. Prior to issuance of any building permits, the Applicant must pay a mitigation fee of$17,710.00
per the Interim Traffic Mitigation Ordinance No. 1670-89, as amended. (SEPA Transportation
Policies)
2. The Mukilteo School District has commented that the project will adversely impact the School
District(letter of 4/10/98). Prior to issuance of any building permits,the Applicant shall fulfill the
obligation of the school mitigation agreement dated April 22, 1998 between the Applicant and
Mukilteo School District. (SEPA Public Services and Utilities Policies)
3. This project proposes a substantial cut and fill of at least 75,000 cubic yards. In order to minimize
the potential for erosion, sedimentation and to provide adequate on-site drainage, slope retention
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and structural fill,the following mitigation measures, based on the recommendations of the
Applicant's Geotechnical Engineering Report dated March 31, 1998, must be adhered to:
• A representative from the Applicant's soils engineering firm shall be present during all
major phases of construction, including earth work/site preparation, retaining wall and
drainage control implementation; placement of structural fill, foundation excavation; and
paving. Any inconsistencies with approved plans or problems during construction shall be
reported promptly to the Public Works and/or Building Inspector. (SEPA Earth, Water
Policies)
• The project shall be designed and constructed in accordance with the recommendations of
the Geotechnical Engineering Services Report dated March 31, 1998. (SEPA Earth, Water
Policies)
4. A pre-construction meeting between City staff, inspectors, soils engineer, wetland biologist and
contractor shall take place prior to commencement of construction. The location of
clearing/grading limits shall be field verified through the use of construction fencing or other
appropriate means. (SEPA Earth, Water Policies)
5. Construction staging areas must be located outside of environmentally sensitive areas and their
buffers. The steep slopes,buffers, staging areas and construction limits shall be clearly shown on
construction plans (SEPA Earth, Water Policies).
6. Prior to initiation of construction,the wetland biologist must inspect construction fencing/flagging
along wetland buffers/construction limits to ensure that fencing is located properly. The biologist
should inspect the site occasionally during construction, and shall have authority to stop site work
immediately if the biologist determines that work activities violate buffer and setback
requirements (SEPA Earth, Plants and Animals Policies).
7. The public trail must be located in disturbed areas where feasible and shall minimize disturbance
to existing vegetation. Prior to construction of the trail, the proposed location must be marked in
the field and approved by the Planning Department. All disturbed vegetation along the edge of the
trail shall be replaced. (SEPA Plant and Animal, Water, and Land and Shoreline Use Policies)
8. Prior to building construction,the Applicant shall provide a hazardous tree study to determine
which trees could pose a safety risk to proposed buildings/improvements. Trees removed from the
buffer shall be replaced at a ratio of 3:1 unless the tree can be snagged or used as a nursery log
(while still eliminating the hazard), in which case the replacement ratio shall be 2:1. Trees should
be snagged at a minimum height of 10 feet to provide wildlife habitat. (SEPA Plant and Animal
Policies)
9. Clearing of the upland portions of the site and removal of the hazardous trees in the buffers will
result in increased sunlight in the remaining buffers and allow for growth of shrubs and
groundcover. Where buffers are lacking groundcover,plantings of ground cover must also be
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provided. Native herbaceous plants such as salal, sword fern and Oregon grape should be planted.
These plants could be salvaged from the upland portions of the site to be developed. (SEPA
Plant and Animal Policies)
10. The construction driveway shall not obstruct the existing bike lane on Merrill Creek Parkway, and
pedestrian access shall be maintained during construction. (SEPA Transportation Policies)
11. A 525-foot minimum entering site distance from the driveway is required. (SEPA Transportation
Policies)
12. The left turn striping must be modified per the recommendation in the traffic study. (SEPA
Transportation Policies)
13. The Applicant shall provide WSDOT standard right turn tapers at the site driveway. (SEPA
Transportation Policies)
14. The minimum driveway throat depth from Merrill Creek Parkway is 35 feet. (SEPA
Transportation Policies)
Section III:
TIME LIMITS - Within a period of three years following the approval of the preliminary
development plan and adoption of this Resolution of Intent to Rezone by City Council,the
applicant shall file with the Planning Department a final development plan consistent with this
agreement. The Director, for good cause, may extend for one year the period for filing of the
final development plan. .
If the applicant fails to apply for final approval for any reason within the time specified in
Subsection 32.160 of the Zoning Code,the Resolution of Intent to Rezone shall be void. All
future permits shall be subject to the requirements of the basic zoning and subdivision codes
unless a new application for preliminary PRD approval is submitted and approved.
Section IV:
PERFORMANCE AGREEMENT REZONES -MAP CHANGE. Upon approval of the final
development plan consistent with this Resolution of Intent to Rezone, the City shall give effect to
the rezone by adopting an ordinance that makes the change to the zone boundary or zone
classification on the Zoning Map that was approved in the Resolution of Intent to Rezone. Such
an amendment to the Zoning Map shall be made by City Council adopting an Ordinance which
specifically describes the property being rezoned.
Section V:
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.
Any use of the property inconsistent with the underlying zoning shall be deemed a violation of
the Zoning Code and be subject to violation, enforcement, and penalty provisions thereof.
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Section VI:
RESOLUTION -A copy of this Resolution shall be recorded with the Snohomish County
Auditor's Office. All conditions, limitations, and terms herein shall be binding upon the property
and all future owners, heirs and assigns with any interest in the property described herein.
Section VII:
FINAL ACTION - For purposes of the Land Use Petition Act, the passage of this Resolution is a
land use decision consittuting the final determination by the City.
C ii Member Intro. i cing ' :�ution
PASSED and APPROVED this 12thday of August 1998.
Council i'resident
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EXHIBIT A
PRD 1-98
Schnitzer Merrill Creek Apartments West
Legal Description
of rezone area: That portion of the West half of the Southeast quarter of Section 2,
Township 28 North, Range 4 East, W.M., lying Northerly of
Merrill Creek Parkway, also known as 60th Street, as conveyed to
City of Everett by deed recorded under Snohomish County
Recording Numbers 8902060299 and 8903310596 and Westerly of
the following described line:
BEGINNING at the Northeast corner of said West half; thence
North 88°09'31' West, along the North line of said West half, for
400.00 feet to the true point of beginning of the line to be
described:
thence South 12° East for 650.00 feet to the terminus of said line;
ALSO KNOWN as Parcel F of Binding Site Plan recorded under
Snohomish County Recording Number 8910185003;
Situate in the City of Everett, County of Snohomish, State of
Washington
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