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HomeMy WebLinkAboutOrdinance 2225-97 ORDINANCE NO. aS-97 An Ordinance amending the Zoning Map of the City of Everett as provided by Ordinance No. 1671-89, as amended; rezoning certain property located at the 9800 Block of 2nd Avenue.West in the City of Everett, (Lot 22, Block 7, Plat of Intercity Addition Division No. 1) from R-3 (Multiple Family Density Residential) to R-3 Planned • Residential Development (R-3 PRD), and confirming compliance with the terms of the Resolution of Intent to Rezone, Resolution No. 4315. WHEREAS, Pacific Rim Development, filed an application to rezone the property generally located at 9800 Block of 2nd Avenue West, (Lot 22, Block 7, Plat of Intercity Addition Division No. 1) from R-3 to R-3 Planned Residential Development (R-3 PRD) for the purpose of constructing ten (10) Single Family Detached Dwellings and one (1) Duplex Unit on eleven (11) lots; and WHEREAS, the City Council did pass Resolution No. 4315 on August 28, 1996, which declared the City's Intent to Rezone the subject property upon final development plan approval of the project in full compliance with the Resolution of Intent to Rezone, Resolution No. 4315; and WHEREAS, by establishing standards for the use and development of the subject properties, the Resolution of Intent to Rezone is consistent with the designation of the Everett General Plan; and WHEREAS, by subjecting the use of the property to Planned Residential Development with a Site Plan, and conditioning the development to City Standards, the development of the site will promote the public health, safety and welfare, and will promote the best long term interest of the City of Everett; and WHEREAS, the City has provided final development plan approval for the project subject to the terms of the Resolution of Intent to Rezone, Resolution No. 4315, thereby entitling Pacific Rim Development Company to the Rezone. NOW, THEREFORE, the City of Everett does ordain: Section 1: The zoning of the property which is located at the 9800 Block of 2nd Avenue West which property is legally described as Lot 22, Block 7, Plat of Intercity Addition Division No. 1 is rezoned from R-3 to R-3 PRD ( R-3, Planned Residential Development). Section 2: Any use of the property that is inconsistent with the terms and conditions of the Resolution of Intent to Rezone as specified in Resolution No. 4315, shall be considered a violation of the City of Everett Zoning Code. Any such violation shall be subject to all enforcement provisions of City Codes. A copy of the Resolution of Intent to Rezone, Resolution No. 4315 is attached as Exhibit #1 hereto and incorporated herein by reference. • Section 3: The City Clerk of the City of Everett is hereby instructed to file a duly certified copy of this Ordinance with Exhibit #1, Resolution of Intent to Rezone, Resolution No 4315, with the Auditor of Snohomish County, Washington. Section 4: Severability. If any section, subsection, clause, phrase or any portion of this Ordinance 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. The Everett City Council hereby declares that it would have adopted this Ordinance and the attached Exhibit "A" and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. C 1OF EVERETT 41"/ �� �JJ, • 0. ANS , MAYOR ATTEST: /,---ilAJLearyza,cga_i CITY CLERK PASSED: !a/ii,4? VALID: 6/13/97 PUBLISHED: 6/25/97 EFFECTIVE DATE: 6/29/97 M-RE-O EXHIBIT "A" Resolution No. 4315 A Resolution of Intent to Rezone and providing Preliminary Subdivision Approval for property located in the 9800 Block of 2nd Avenue West in the City of Everett Pacific Rim Development Company 1000 SE Everett Mall Way, Suite #201 Everett, WA 98208 Springdale South - Subdivision/PRD #1-96 WHEREAS, Pacific Rim Development Company filed an application to rezone property generally located at 9800 BIk. of 2nd Avenue West (Lot 22, Blk. 7, Plat of Intercity Addition, Division #1) from R-3 (Multiple Family Medium Density Residential) to R-3 Planned Residential Development (R-3 PRD) and concurrently filed an application to subdivide said property into eleven (11) lots for the purpose of constructing ten (10) single family dwelling and one (1) duplex; and WHEREAS, The Hearing Examiner held a public hearing and did adopt findings, conclusions and decision dated August 1, 1996, recommending to the Everett City Council that the proposed preliminary Subdivision be approved in accordance with the conditions of the Examiners decision and that the proposed rezone be approved pursuant to the provisions of Chapter 32 and Section 41.160 D (f) of Ordinance No. 1671-89, as amended, subject to the conditions of the decision; and WHEREAS, The City Council Finds: 1. The rezone is consistent with the Everett General Plan; and 2. The rezone bears a substantial relation to the public health, safety and welfare and promotes the best long term interest of the Everett community; and 3. The terms of this Resolution are sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the property herein described; NOW, THEREFORE, Be it Resolved by the City Council of the City of Everett that: Section 1: It does hereby adopt the Hearing Examiner's Findings, Conclusions and Decision dated August 1, 1996, hereinafter refereed to as ("Decision") which is attached hereto and incorporated herein by reference as Exhibit "A" Section 2: It does hereby adopt this Resolution of Intent to Rezone and does declare its intent to rezone property located at 9800 Blk. of 2nd Avenue West legally described as Lot 22, Blk. 7, Plat of Intercity Addition Division #1, according to the Plat thereof Recorded in Volume 11 of Plats, Page 9, Records of Snohomish County, Washington, from R-3 (Multiple Family Medium Density Residential) to R-3 Planned Residential Development (R-3 PRD), for ten (10) Single Family Detached Units and one (1) duplex on eleven (11) lots pursuant to the provisions of Section 41.160 of Ordinance No. 1671- 89, as amended (Performance Agreement Rezones), and pursuant to the conditions set forth herein and in the Hearing Examiners Decision . Section 3: The City Council does hereby grant Preliminary Subdivision Approval to the herein described property pursuant to the conditions set forth herein and in the Hearing Examiner Decision. Section 4: Time Limits - Within a period of three (3) years following the approval 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 resolution. The Planning Director, for good cause, may extend for one (1) year the period for filling of this final development plan. If the applicant fails to apply for final approval for any reason within the three (3) year time frame described herein or in the case of four (4) years when extension has be authorized this Resolution of Intent to Rezone shall be void. In the event this Resolution of Intent to Rezone is void then 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 5: Performance Agreement Rezone Map Change - Upon Final Development Plan Approval of the project authorized herein in full compliance 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 this Resolution of Intent to Rezone. Such an amendment to the Zoning Map shall be made by the City Council adopting an Ordinance which specifically describes the property being rezoned. Section 6: Use of Property inconsistent with this Resolution - If any use of the herein describe property 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 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 7: Resolution - 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. Council 'ember Introd ing Resolution PASSED AND APPROVED THIS 28th DAY OF August 1996. Ale ouncil President-- ATTEST: residentATTEST: City Clerk RES-1-96 EX H I B1T " A" FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER OF THE CITY OF EVERETT IN THE MATTER OF THE APPLICATION OF PACIFIC RIM DEVELOPMENT CO. FOR APPROVAL OF A PLANNED RESIDENTIAL DEVELOPMENT AND SUBDIVISION PRD/SUBDIVISION # 1-96 RECOMMENDATION: The requested amendment to the City's Zoning Map for a change of the zoning designation of the property in the 9800 Block of 2nd Avenue West, Everett, Washington, should be granted with the designation changed from R-3 to R-3(PRD). In addition, the Planned Residential Development and subdivision of 11 lots with 12 units on the 1.53 acres of land should be granted. INTRODUCTION Pacific Rim Development Company (Applicant) requested approval of an amendment to the City of Everett Zoning Map that would change the property in the 9800 Block of 2nd Avenue West (Lot 22, Block 7, Plat of Intercity Addition Division No. 1), Everett, Washington (subject property) from an R-3 to an R-3(PRD) zoning designation. In addition, the Applicant requested approval of a Planned Residential Development (PRD) and subdivision of the subject property into 11 lots with 12 dwelling units. The property is a 1 53 acre parcel of land. A hearing on the request was held before the Hearing Examiner of the City of Everett on July 25, 1996. At the hearing the following presented testimony and evidence: Don Wood, Planning Department Gordon Witcher, Public Works Department Mike Smith 3605 Colby Everett, WA 98201 At the hearing the following exhibits were submitted and were admitted as part of the official record of these proceedings: 1. Staff Report 2. Vicinity/Zoning Map 3. Site Plan/Elevation (Typical) 1 • 4. Plat Map/Supplemental Map 5. Landscaping Plan 6. Wetland Mitigation Plan 7. Mitigated Determination •f Non-Significance (MDNS) 8. Draft Resolution of Intent 9. Letter to Don Wood from Gerald Birdsell dated 7-4-96 10. Letter to City of Everett from John L. Scott Land Department dated 7-16-96 All of the exhibits are available for inspection at the Hearing Examiners Office located at 2930 Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Applicant, testimony and evidence elicited during the public hearing, and as the result of the personal inspection of the subject property and surrounding areas by the Everett Hearing Examiner, the following findings of fact and conclusions constitute the basis of the recommendation of the Everett Hearing Examiner. FINDINGS OF FACT 1. The Applicant requested approval of an amendment to the City of Everett's Zoning Map for property at the 9800 Block of 2nd Avenue West. The requested amendment was to change the zoning of the subject property from an R-3 to an R-3(PRD) designation. In addition, the Applicant requested approval of a PRD and a preliminary plat for the subdivision of the parcel, 1.53 acres of land. The subdivision will result in 11 lots, with 10 lots being single-family residential lots and one lot being developed as a duplex. (Exhibit #1, Wood testimony) 2. Admitted at the public hearing as exhibit#4 was a copy of the proposed PRD preliminary plat map. A copy is available for inspection in the Planning Department. 3. The gross area of the subject property is 1.53 acres, and the proposed development will include 1.11 acres. The property is currently zoned R-3, Multiple-Family Medium Density. The Everett General Plan designation for the subject property is Multiple-Family, 20 - 29 Dwellings Per Gross Acre. (Exhibit #1) 4. The property to the north is zoned R-1 and is developed with single-family residences. The property to the south is vacant and is zoned R-3. The properties to the east and west are zoned R-3 and are developed multiple-family residential. (Exhibit#1) 5. EMC 19.42.160.D.8 allows Performance Agreement Rezones. In order for a Performance Agreement Rezone to be allowed, site specific proposals, including PRD's, must be reviewed pursuant to the evaluation criteria as set forth in the ordinance. (Exhibit#1) 2 6. The proposal of the Applicant is for ten single-family detached dwellings and one duplex. This density will result in approximately 7.3 dwellings per gross acre and ten dwellings per net acre. This proposed density is significantly less than the Medium Density Multiple-Family, 20 - 29 Units Per Gross Acre as projected in the Everett General Plan. However, because of the unique features of the site, including the narrow width of the parcel, wetlands located on the property, and the abutting single-family residential development, the reduced density is consistent with the historical development in the area and warrants a rezone to the R-3(PRD). The proposed density is 10 units per acre, which is less than the Everett General Plan designation of Multiple-Family, 20 - 29 Dwelling Units Per Gross Acre. (Exhibit #1, Wood testimony) 7. The City submitted that the proposed development will result in affordable housing opportunities, which is a goal of the City for encouraging affordable housing. The PRD, as proposed, will allow reduction in development standards for lot area and setbacks and will also result in a development that is superior to that which could be accomplished with R-3 zoning standards. (Exhibit #1, Wood testimony, Smith testimony) 8. The public health, safety, and welfare have been considered through the review of SEPA and the plat permit. The proposed development will be adequately served by public systems, and there is no need for upgrades of these systems. (Witcher testimony) 9. Pursuant to the State Environmental Policy Act (SEPA), the City of Everett was designated as the lead agency for the review of environmental impacts resulting from the proposed development. On July 10, 1996, the City issued a Mitigated Determination of Non-Significance (MDNS). No appeals of this MDNS were filed, and the determination has become final. (Exhibit#7) 10. The City prepared a draft Resolution of Intent to amend the zoning designation as part of the staff report. The Resolution incorporates the conditions of SEPA and conditions of this recommendation. (Exhibits #1 &#8) 11. As part of the proposed PRD, the Applicant requested the subdivision of the property. EMC 18.12.080 sets forth requirements that must be satisfied in order for the subdivision to be approved within the City of Everett. (Exhibit #1) 12. The proposed subdivision will result in the development of 11 lots. The public use and interest are served with the additional housing being developed in an orderly manner consistent with the Everett General Plan and the Everett Zoning Code development standards. The housing on the smaller lots will allow for reduced housing costs for the community. (Wood testimony) 13. The public health, safety, and general welfare are served by the proposal. Adequate measures for utility service, storm drainage, fire flows, traffic circulation, and pedestrian circulation have been considered. (Wood testimony) 3 14. The existing R-3 zone requires minimum 5,000 square foot lots. The R-3(PRD) zone, as proposed, will have smaller lots than R-3 area standards and will have at least one multiple-family duplex lot. All of the single-family lots will be less than 3,800 square feet, and the duplex lot, lot #4, will be approximately 5,400 square feet. With these reduced sized lots, the proposal will be consistent with the PRD overlay zone. (Exhibit#1, Wood testimony) 15. The site is flat with small depressions. The soil type is Alderwood Series, and there are deciduous and evergreen trees and native grasses on-site. There is a Class IV wetland immediately south of the subject property. The buffer to the wetland, 100 feet, extends into the subject property. The Applicant will be required to mitigate all impacts to the wetlands and buffers. (Exhibit #1. Wood testimony) 16. The internal access road of the subject property will extend partially into the wetland buffer. As a result, the Applicant will be required to provide mitigation for the 832 square feet of encroachment within the buffer. (Exhibit#1) 17. The storm drainage of the site will ultimately flow into a detention system on Tract 999, located near the eastern boundary of the subject property. The Public Works Department of the City of Everett indicated that the drainage impacts will be mitigated, and the site can be properly controlled from drainage damage. (Exhibit#1, Witcher testimony) 18. Each lot within the proposed subdivision will have a minimum rear yard area of at least 500 square feet. The City has stated this is adequate for open space within the subdivision. (Exhibit#1, Wood testimony) 19. The proposed subdivision is located in the Mukilteo School District. As part of SEPA identified impacts of school overcrowding, the Applicant and the school district will enter into a mitigation agreement. The school district and the Applicant have entered into a voluntary mitigation agreement. (Exhibits #1, #7) 20. Sewer and water are available to the site. The sewer and water will be connected to mains that are located in adjoining streets. (Witcher testimony) 21. The proposed project will generate approximately 120 vehicular trips per day. This increase in traffic will impact streets, intersections, and road improvements in the general area. The Public Works Department determined that the total impact from the development of the site will result in impacts that can be mitigated with a $9,200 payment as part of street improvements in the area. Pursuant to the City's interim mitigation ordinance, the City is requiring the Applicant to pay a mitigation fee of $9,200. The Applicant will also be required to make half-street improvements on 2nd Avenue West where it fronts the subject property. The 2nd Avenue West improvements shall include curbs, gutters, and sidewalks. (Witcher testimony) 4 22. The internal street within the subdivision will be a dedicated public right-of-way with a 28 foot paved way. The Applicant wil! make all improvements, including pedestrian curbs, gutters, and sidewalks. A dedication of a 45 foot wide road for internal circulation must be made to the City of Everett by the Applicant. (Witcher testimony) 23. The proposal is not in a significant flood plain. Flood plain requirements do not apply. (Exhibit#1) 24. In addition to the preliminary plat, the Applicant seeks a Planned Residential Development. EMC 19, Chapter 32, sets forth the requirements for PRD's within the City. (Exhibit#1) 25. Direct access to the site can be accomplished without creating unacceptable volumes or a change of character of traffic along local streets and adjacent neighborhoods. In light of the traffic improvements to be made from mitigation fees, the road improvements of 2nd Avenue West, and the internal road improvements within the plat, the traffic access to the site will not create impacts. (Exhibit#1, Witcher testimony) 26. The site is located near sanitary sewers, water lines, storm and surface drainage systems, and other utility systems that can handle the increased use. There will be no requirement for enlargement of any of these utilities. (Exhibit#1, Witcher testimony) 27. The type of dwelling structures in the proposed development will be similar to that in adjoining properties. (Exhibit#1, Wood testimony) 28. The subject property is currently located in an R-3 zone. Single-family detached structures are permitted in this zone with a minimum lot width of 50 feet, a minimum lot depth of 80 feet, building setbacks of 20 feet for the front and rear, and 5 feet for the side yard. The proposed lots are approximately 4,400 square feet, and the lot and setback requirements of the R-3 zone will be reduced. However, the PRD overlay and its design standards can be developed without impact to other properties. (Exhibit#1, Wood testimony) 29. A density increase of the current zoning requirement is reasonable because the Everett General Plan projects the subject property to be developed at a much higher density than as proposed. The development density standards are satisfied. (Wood testimony) 30. The Applicant proposed landscaping which will provide a uniform streetscape and landscape entryway. In addition, the dwellings will be landscaped consistent with other properties in the area. (Exhibit#1, Wood testimony) 5 31 . Based on the submitted site plan (exhibit #3), there is preservation of natural site features, variation of buildings, and adequate solar orientation. (Wood testimony) 32 The proposed development will be harmonious with other properties in the area. (Exhibit #1) 33. At the public hearing there was no opposition testimony. 34. The Applicant agreed with the identification of impacts resulting from the proposed development. The Applicant also agreed that the mitigation measures. as proposed by the City, are reasonable. (Smith testimony) Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to make a recommendation to the Everett City Council. Based on the above findings, the Hearing Examiner makes the following conclusions: CONCLUSIONS 1. The Applicant requested approval of an amendment to the City of Everett's Zoning Map for property at the 9800 Block of 2nd Avenue West. The requested amendment was to change the zoning of the subject property from an R-3 to an R-3(PRD) designation. In addition, the Applicant requested approval of a PRD and a preliminary plat for the subdivision of the parcel, 1.53 acres of land. The subdivision will result in 11 lots, with 10 lots being single-family residential lots and one lot being developed as a duplex. (Finding #1) 2. A Performance Agreement Rezone is reviewed pursuant to the provisions of EMC 19.42.160.D.8. The requirements of this ordinance include: 1. The proposal must be consistent with the Everett Comprehensive Plan. 2. The proposal must bear a substantial relation to public health, safety, and welfare and promote the best long term interest of the Everett community. 3. The terms of the Resolution of Intent agreed to by the Applicant and the City must be sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property. All of these criteria are satisfied with the proposed Everett Zoning Code amendment. (Findings #7, #8, #9, #10, #24 &#29) 3. The proposed subdivision of the subject property, with the density of 10 units per acre, is consistent with the Everett General Plan designation of Medium Density Multiple-Family 20 - 29 Dwelling Units Per Gross Acre. It satisfies the density range as established in the Everett General Plan. (Finding#29) 6 • 4. Housing element#1.31, which requires the City to consider incentives for housing developers in return for housing that is affordable, is satisfied by the proposed development. The subdivision, with the multiple-family structure, will create affordable housing. The Applicant has provided alternative housing • opportunities. (Finding #7) 5. The proposed subdivision will provide affordable housing. There will be no significant impacts to the environment that cannot be mitigated, and adequate utility service, traffic circulation. pedestrian circulation, and other City amenities are provided. (Findings#7, #9. #13, #22 & #28) 6. The conditions of the Resolution of Intent, as agreed to by the Everett City Council and the Applicant, are sufficient to mitigate adverse impacts. In addition to the terms of the Resolution of Intent, the conditions of the MDNS are also applicable to the site. (Findings #7 & #9) 7. As part of a PRD review in the City of Everett, the criteria as set forth in EMC 19.32.030 must be satisfied. A review has been made of these criteria, and they are satisfied by the proposed project. In addition to the general criteria, site specific criteria are set forth in the EMC (reference is made to the site criteria as set forth in the staff report). The specific criteria have been addressed in the findings. 8. The site, accessible to 2nd Avenue West and 1st Avenue S.E., will not significantly increase traffic. Local streets can handle the increased traffic. In addition, all sanitary sewer and water lines, storm and surface drainage, and other utility systems are available. The proposal will not result in increased costs to the public. (Findings #16, #21, #22, #25, &#26) 9. The proposed PRD will have a dwelling type that is permitted and is consistent with an R-3(PRD) zoning designation. (Finding #28) 10. The proposed subdivision is a permitted use in the R-3(PRD) zone and can be developed. (Finding#28) 11. The density standards for the R-3(PRD) zone are less than the maximum permitted in the Everett General Plan. However, the location of the site and the surrounding properties allow for the reduced density of 10 dwelling units per acre, which will provide a transition from the higher multiple-family development to the lower single-family development in the area. (Findings #4, #6, #14, & #28) 12. The variation of the design and development standards, as proposed by the Applicant, are not significant and will not impact other properties in the area. The project is not proposing a density increase above the projected Everett General Plan designation and its density. (Findings #28 & #31) 7 • 13. Adequate landscaping will provide amenities to the site. There will be open space and vegetation on-site. (Finding #30) 14. The proposed site plan has been reviewed, and there will be a preservation of natural site features, a variation of building placements, and adequate solar orientation. (Finding #31) 15. Adequate measures are taken for consistency with traffic circulation standards of the City of Everett, parking availability, and design and construction of streets. (Finding #22) 16. Open spaces will be developed on-site in a manner that will preserve the natural features. (Finding #28) 17. The project will impact some trees. However, the proposed landscaping will upgrade the site. The wetland and buffer area will be protected. (Finding #15) 18. All natural site features will be protected. (Findings #15 & #28) 19. In order for a subdivision to be approved within the City of Everett, the criteria of EMC 18.12.080 must be satisfied. These criteria are satisfied. (Findings #15 - #33) 20. It is in the public use and interest for the subdivision to be approved. Additional housing of single-family units will be provided and a duplex for affordable housing will be developed on-site. (Findings#7 - #29) 21. All of the utilities, traffic circulation, storm drainage, and other features of the site have been reviewed. The public health, safety, and general welfare have been addressed. With the imposition of the conditions, as set forth herein, and the conditions of the MDNS, the public health, safety, and general welfare will not be impacted. (Findings#7, #9, #16, #21, #22, #25, & #26) 22. The proposal will have impacts on public systems. With mitigation fees to the Mukilteo School District and road improvements, public system impacts will be mitigated. (Findings#7, #8, #19, &#21) 23. No floor plain requirements are required. (Finding#23) 24. The Applicant agreed with the identification of impacts resulting from the proposed development. The Applicant also agreed with the mitigation measures, as proposed by the City, in addressing these impacts. (Finding #34) 8 • RECOMMENDATION Based upon the preceding findings of facts and conclusions, testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner of a site view, it is hereby recommended to the Everett City Council that the requested amendment to the City's Zoning Map for a change of the zoning designation of the property in the 9800 Block of 2nd West, Everett, Washington, should be granted with the designation changed from R-3 R-3(PRD). In addition, the Planned Residential Development and subdivision of 11 lots with 12 units on the 1.53 acres of land should be granted subject to the following conditions: 1. Lot design/configuration for this plat shall be as shown on the preliminary plat map and site plans on file with the Planning/Community Development Department. Any changes in lot design/configuration will require approval both by Planning and Public Works Departments. 2. Final Site Plans: A final site plan must be submitted to the Planning/Community Development Department that is in substantial compliance with the approved preliminary development plan and conditions of approval as stated in this decision. 3. Final Landscaping Plans - Final landscaping plans must be submitted to the Planning/Community Development Department for approval. The plans 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. Typical lot detail for each building plan showing front, rear, and side yard plantings, with location of plant material and specific plant type, size, and quantity. Fencing or planting for yard areas will need to be approved by the Planning Department. c. A detail final plan of the landscaped entryways and identification signing. d. A detailed final plan for proposed wetponds which includes fencing and planting. 4. Building Design/Unit Type: Final building designs and unit type shall be reviewed by the Planning/Community Development Department and meet the following criteria: a. 10 Single Family Detached Units b. 1 duplex unit (Lot 4) 9 c. Final Building Plans consistent with the Approved Final Site Plan and EMC Title 19. Section 7 (Small Lot Single Family Dwellings and Duplex Development Standards) 5. All common landscaped areas shall be maintained by a Homeowners Association. 6. Parking: Each unit is required a minimum of four off-street parking stalls. Parking shall be provided by two-car garages and two in driveways. The parking for the duplex unit will be a total of six parking stalls. The project must prohibit the conversion of garages to living areas. Note on the final plat map. 7. Fire hydrants capable of providing the required fire flow must be located within 350 driving feet of all residences in the proposed subdivision. Locations of the hydrants must be approved by the City Fire Marshal. The hydrants must meet City specifications. 8. The City of Everett prohibits outdoor burning. No fires for the purpose of disposing of construction debris will be allowed. Fire safety practices during construction must be in compliance with Article 87 of the Uniform Fire Code. 9. Detailed drawings in accordance with City Design and Construction Standards shall be submitted to the Public Works Department showing, 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 final plat approval is issued. 10. Forty-five (45) feet of right-of-way is to be dedicated to the City for street purposes for the new street within the proposal. 11. The new street must be 28 feet wide curb to curb with sidewalk on the north side. 12. Full standard half street improvements including, but not limited to, curb, gutter, and sidewalk are required to the full frontage on 2nd Avenue West per City Design Standards. 13. Signs stating "No Parking" must be provided within the circumference of the cul- de-sac and in the alleys as directed by the City Engineer. 14. The construction plans must be designed from a site survey performed by a licensed State of Washington land surveyor. 15. Soil compaction testing shall be performed throughout the construction of the public street and utilities. Density curves shall be submitted to the Public Works 10 Department prior to permits being issued for any aspect of the project. All work performed by the geotechnical engineer or testing lab shall be reported directly to the City Public Works Inspector before covering work can be continued by the contractor. Daily reports shall be kept by the soils investigator/tester and submitted to the Public Works Inspector within 24 hours. 16. All exposed ground must be reseeded within 30 days of the completion of construction. If reseeding is not practical due to weather or seasonal problems, the ground must be covered with mulch as directed by the City Engineer. 17. Temporary erosion control measures for construction activity must be operational prior to commencement of any clearing or earthwork. 18. A note must be added to the final plat map that all lots must be served by a gravity sewer system. 19. Public sewer and water mains must be installed for this project in accordance with City Design and Construction Standards. 20. A one year guarantee is required on the public improvement for an amount not less than 10% of the cost of construction and shall run for one year from the date of final approval. 21. Requirement for Maintenance Warrant Bond: After satisfactory completion of the detention/retention or other drainage treatment/abatement facilities and release of any performance bond by the City, the developer constructing the drainage facilities must satisfactorily maintain the facilities for a two year period. A maintenance warranty bond in an amount equal to 10% of the cost of construction of the drainage facilities must be posted and maintained throughout the two year period. In addition, the warranty bond shall cover the cost of design defects and/or failures in workmanship of the facilities throughout the two year maintenance period. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank designated by the city may be acceptable. 22. City streets are to be kept clear of dirt and debris at all times during construction. Dust suppression and street cleaning must occur as directed by the Public Works Inspector. 23. As-builts of storm sewer, including the wetpond and detention vault, sanitary sewer, and water systems, will be required to be submitted per City Design and Construction Standards and Specifications. 24. A two year guarantee is required for public retention/detention or other drainage treatment/abatement facilities serving areas larger than one acre. 11 25. Premise Identification - Premises shall be identified by the correct address at the street entry. Single family homes shall be clearly identified so as to be visible and legible from the street. 26. Premise Identification and all required Fire Department Access Roads and Fire Hydrants shall be in service prior to commencement of construction. 27. A paved driveway per City Standards 3.4 is required before final approval for lots 2, 3, and 4. Pavement width must be no less than 20 feet. 28. There shall be a recorded easement agreements between lots 2, 3, and 4 for access and utilities. The easement shall provide perpetual access to the lots for ingress, egress, and all utilities, including telephone, television cable, gas, water, sewer, and drainage. This easement shall provide for installation, repair, and maintenance of utilities together with right of ingress and egress for such purposes. 29. The Applicant must provide an easement document that is acceptable to the City setting forth the method and responsibility for maintenance of the easement drive. 30. Signs stating "No Parking - Fire Lane - Tow Away Zone" must be provided within the easement access driveway and in the cul-de-sac as directed by the City Engineer and Fire Marshal. 31. All conditions of the Mitigated Determination of Non-Significance shall be adhered to. Done and dated this 1st day of August, 1996. 1))• 914L Ja s M. Driscoll Hearing Examiner 12 • \ i 1 ® S4 49 , \ e ,btrp 3C.. ''grr \\ v \ a f_g 07 ODUa O .3jry ��� 3 000 rte„ r, Y ..or, B /I a` kb 2 3.3.:033'~ Q',� 8.b�°. 3r 8v6 ry ,,3s9 ?. • 3 f,`'^?y• A? 4 �\ ... • CO' .P' �v C1 �\ 3 ra v,_ O yb' J , .3<r,; 4°,<. ,� ;_ :0 . . ;41)`;44471.,./,;::9;,..1%,..• ''30 . _ ' �\ • t 3r i 3 c° B A9 : L �� L 3.3,,-.� d 'T•3 J��• 3•�O.Oi.fC '7... i L .. \ ?3<6 r Y may. �Ja ery�" ^a ,SJ ° TY _yo 7=f,aJ ., 0- .. R.$b �,ei' ,i.0.1 ..zs6.ao Y ‘a` .8 8 .un .;3» 9ta �S• -. 8.6; •' 3 .. i _ •S ' 11 ani r 7.1:y es 80)� 1 •8 N; ea ... e a -= L - a L - .69'33 1.3w .0-r6 .'•366 _ _ _ _ _ _ .C9'60[ r.00.9640 0 - ' h'''.........4. ' • 1tl / ' / V5 ,. 4 1. e,s\ 1 / -. J` N 5 ► � ?LOA )U .,.59J Si /kI / I 5 , q J.6PI .SF I -511% • 1iir \ f 'Iti_ 6 ', S. / 3,655 SF / , Vt ri .l.`19.1 51 / � 1 // I / 1r 4t , 7 h° so <, o •1„ // 9\ ,/ ,0.776 5F � / b/4 J,50/ 5F / • Wit. / / ,. '� 10. 3,/15 5F / ` / />i444.44.47%.40.4„ It CO OE 7I ANO BUFF[ `.'�s!IO� .. > f�'• :� J.201 5F / C.0[. SAN 5[M[Q •• 13BSFM CAlF.O �, �1)rFrF ` � �. o r Wr 1l ANO, 7.......44` >t, ,.,. ... 5Fde / . s \ .. Gsc0� %/1„ ',v,ti De1L'N170N Cl y . . y\ <4.)4 "lit- -.. 2.940 SF BUFFF_Q `_• -�• _ 02 of �ecc dl IN Vile u 1-4l0 `J .1t \- ___ ___ --. .. k\ \ -T - EI- - _ i . 1 r I----(- --r-rt Fr i-rn.1 I _ . 111- Ill \\\' \, _ _ ____, I..,.. ____ F7_1_7_ r_ i_ i____ F__ ____ -_ _ _ i - r--� [ PPP , ---1--_- 1 TH-1 F-17 n 1-0- EVAOA , • { a L� dCG Si i, I.,___:0 APR 241997 • CITY OF EVERETT P;ar.r iri Dept. • i Fr 71 ____, s, ,, ._ ., ,. _ _ Fr =— r--- i----EF EFF-r_- __ = ,=_ 1-----r- T-T- FT---F- F-- I-TZD►-IT E LEVATI O ILD " i 2 tnflI APR 2 4 1997:1 : U� . CITY OF EVERETT P anni;in Dept. - -------- .Aiime.AlleiN\emilii„ . - ___L--._ _____/ ,iiiiiillailMw - . y ____ 1 1 H = -r i- - � � - = — '.• , '' ." —II r- r _ _ _ ‘,. 1, _ J - - F-FFF FF-1-1-- - 1 FPI- PPPn - CaO Lir ELEIATI DO "C," D) li N L 6 vE U p Lo 11 APR 2 41997 CITY OF EVERETT . P anninn fiept. g 0o .„...V '.` t '. '..'; 1 �: ��, ,,...;:4.1: Wit. ', I i • fi , rel to. .1I �1.�II ... —E,� ��%•.-'. `it 1 01 VIII ■,, -- - r - - `• i1 ..ill , a . .- .,.., ,...il .I, /....1 .:4 iiir'7-T=5.1!..--1 - , ,,I} :::, f!• iIi a lE i:i:��1•I IIINIII_: Q11111111:1111141 ': • ::Co. .a� Iiia iii„ :.�! '__��.,I gzipitilipmf —0.1E41; .) itile!irkir, 111111'illip::: . r FT n 1 II l p:,fi: : ii � ;■..-.r - 1. :::: �,. ? .,;� ;�; !11111► '; g rpr- •?i _tfk,.,, ,. . i1,il1 ,�Il ,1%. i 1 . v-• , EE �—i •' 'r!' : ail 11 , 1 , 11 i Uk i 11111 _ • - �4, .�r. "�` • l 11134 • - , <1 -ff-li. ,,,. . • ,.._ :1;..4,).... ,..-.,. . 1 .., N x ,51 ' : �� . � �' s til 3 --. ."----.7: ----7- - .-7-.--''---°--11 -. •-•........ /= ■■■I'.m. ■■■; _ __ ■■■ .1. I I■■■■■� : /%,/.77:4 FINAL DEVELOPMENT PLAN APPROVAL PLANNED RESIDENTIAL DEVELOPMENT #1-96 SUBDIVISION #1-96 APPLICANT: Pacific Rim Development Company 1000 SE Everett Mall Way Everett, WA 98208 DESIGN TEAM: McDuffy and Associates Inc. LANDSCAPE ARCHITECT: Paul Jay PROJECT LOCATION: 9800 Block of 2nd Avenue West SUMMARY OF PREVIOUS ACTION: The Everett City Council granted Preliminary Subdivision/Planned Residential Development approval for eleven (11) lots with ten (10) single family homes and one (1) duplex unit on August 28, 1996. There were thirty-one (31) conditions of approval together with eighteen (18) additional conditions of mitigation required by the City's SEPA Ordinance. FINAL DEVELOPMENT PLAN APPROVAL: The City's Zoning Code EMC 32.180 requires that a final development plan be submitted that is consistent with the Preliminary Approval of the Subdivision/Planned Residential Development. The City shall review the final development plan to ensure that it is in substantial compliance with the previous approvals. If the final plan is in substantial compliance with the approved preliminary plan, it shall be approved by the City Council. RECOMMENDATION BY PLANNING DIRECTOR: The Director has reviewed all development plans and has determined the final plans are consistent with the Preliminary Approval of the Subdivision/Planned Residential Development and should be approved. DECISION: The City Council has determined, by review of the Final Development Plans, that the Final Plans are in substantial compliance with the PRELIMINARY SUBDIVISION/PLANNED RESIDENTIAL DEVELOPMENT APPROVAL (RESOLUTION #4315) AND IS HEREBY APPROVED. CITY OF EVERETT -,-----(e' /,-..2.- /,,,,,A,,_ 4ITY COUNCIL P ESIDENT PASSED AND APPROVED THIS // DAY OF _un« ,1997.