HomeMy WebLinkAboutOrdinance 2085-95 `g
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ORDINANCE NO. 2085-95 .E7 T
An Ordinance amending Ordinance No. 769-81 providing
for a revised site development plan and landscaping
concepts for Glenwood Terrace PRD #3-80 in an area
generally described as on the west side of Glenwood
Avenue near 53rd Street SW.
WHEREAS, Ordinance No. 769-81 amended the Zoning Map rezoning the
following area from R-1 to R-1 PRD with a concomitant agreement:
Parcel "A"
All the portion of the NW quarter of the NW quarter
(Government Lot 4) of Section 1, Township 28 North, Range
4 East, W.M., Snohomish County, Washington, described as
follows:
Beginning at the NW Corner of Said Section 1: thence S 1°
22' 22" E along the West line of said Sec. for 150 feet to the
NW corner of the tract herein described and the true point of
beginning; thence due East 826.15 feet; thence S 1° 22' 22"
E 96.45 feet; thence due East 90 feet; thence N 1° 22' 22" W
96.45 feet; thence due East to West line of County Road;
thence southerly along said County Road 233.21 feet; thence
West 1253.43 feet; thence North 222.9 feet to true point of
beginning.
Situated in the County of Snohomish, State of Washington
Parcel "B"
That portion of the NW Quarter of the NW Quarter of Section
1, Township 28 North, Range 4 East, W.M., Snohomish
County, Washington, described as follows:
Beginning at the NW Corner of said Section 1 and
proceeding thence along the west line of said Section 1, S 1°
22' 22" E 372.90 feet to the NW corner of the tract herein
described and the true point of beginning; thence continuing
along said west line of said Section 1, S 1° 22' 22" E 208.63
feet; thence East 1312.83 feet; thence along the Westerly
margin of the County Road, N 17° 09' 28" W 218.30 feet;
r t
e r
thence West 1253.43 feet to the true point of beginning; Also
except the following described tract:
Beginning at the NW corner of said Section 1: thence S 1° 22'
22" E along West line thereof 581.53 feet; thence East
919.39 feet to the true point of beginning; thence North
178.59 feet; thence East 338.30 feet to Westerly line of
Maple Heights Road; thence Southerly along Westerly line of
said road 188.90 feet; thence West of 393.44 feet to the point
of beginning.
Situated in the County of Snohomish, State of Washington;
and
WHEREAS, the property owner for the subject property has requested an
amendment to the concomitant agreement authorizing the site to develop with a
revised site plan and landscaping concepts; and
WHEREAS, the Hearing Examiner has recommended approval of the
amendment to the concomitant agreement to the Everett City Council;
NOW, THEREFORE, the City of Everett does ordain:
Section 1: Section 2 of Ordinance No. 769-81 adopted a preliminary
concomitant agreement for the PRD rezone, dated April 10,1981, which was
superseded by the final concomitant agreement dated January 28, 1983. These
agreements are attached hereto as Exhibits "2" and "3" and incorporated herein
by reference. Section 2 of Ordinance No. 769-81 is hereby amended by the
adoption of Exhibit "1", an addendum to the concomitant agreement, which is
attached hereto and incorporated herein by reference which supersedes and
replaces Exhibit "2" and Exhibit "3" in their entirety.
Section 2: Any use of the property that is inconsistent with Ordinance No. 769-
81, as amended, and the terms and conditions of Exhibit "1" 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.
Section 3: The City Clerk of the City of Everett is hereby instructed to file a duly
certified copy of this Ordinance including exhibits with the Auditor of Snohomish
County, Washington.
Section 4: Severability. If any section, subsection, clause, phrase or any
portion of this ordinance or the attached addendum 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 or attached addendum. The Everett City Council hereby declares that
it would have adopted this ordinance and the attached addendum 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 '' OF EVERETT
4rn2J am --
ft ANSEN, MAYOR
ATTEST:
40119,,1_,L
Ar1411.4_, 4011A1101._
CITY CLERK
PASSED: 08/23/95
VALID: 08/25/95
PUBLISHED: 09/08/95
EFFECTIVE DATE: 09/10/95
I
EXHIBIT "1"
ADDENDUM TO DEVELOPMENT CONTRACT
GLENWOOD TERRACE PRD #3-80 ORDINANCE NO. 769-81
THIS ADDENDUM is made and entered into this /' day of
1995, by and between the City of Everett, a municipal corporatio under the laws
of the State of Washington, hereinafter referred to as the "City" and between
John Lakhani, hereinafter referred to as the "Owner."
WITNESSETH
WHEREAS, Shergar Land Corporation is the current owner of the property
generally described as on the west side of Glenwood Avenue near 53rd Street
SW, Everett, Snohomish County, Washington, the legal description of which is
as follows:
Parcel "A"
All the portion of the NW quarter of the NW quarter
(Government Lot 4) of Section 1, Township 28 North, Range
4 East, W.M., Snohomish County, Washington, described as
follows:
Beginning at the NW Corner of Said Section 1: thence S 1°
22' 22" E along the West line of said Sec. for 150 feet to the
NW corner of the tract herein described and the true point of
beginning; thence due East 826.15 feet; thence S 1° 22 22"
E 96.45 feet; thence due East 90 feet; thence N 1° 22' 22" W
96.45 feet; thence due East to West line of County Road;
thence southerly along said County Road 233.21 feet; thence
West 1253.43 feet; thence North 222.9 feet to true point of
beginning.
Situated in the County of Snohomish, State of Washington
Parcel "B"
That portion of the NW Quarter of the NW Quarter of Section
1, Township 28 North, Range 4 East, W.M., Snohomish
County, Washington, described as follows:
.
Beginning at the NW Corner of said Section 1 and
proceeding thence along the west line of said Section 1, S 1°
22' 22" E 372.90 feet to the NW corner of the tract herein
described and the true point of beginning; thence continuing
along said west line of said Section 1, S 1° 22' 22" E 208.63
feet; thence East 1312.83 feet; thence along the Westerly
margin of the County Road, N 17° 09' 28" W 218.30 feet;
thence West 1253.43 feet to the true point of beginning; Also
except the following described tract:
Beginning at the NW corner of said Section 1: thence S 1° 22'
22" E along West line thereof 581.53 feet; thence East
919.39 feet to the true point of beginning; thence North
178.59. feet; thence East 338.30 feet to Westerly line of
Maple Heights Road; thence Southerly along Westerly line of
said road 188.90 feet; thence West of 393.44 feet to the point
of beginning.
Situated in the County of Snohomish, State of Washington.
WHEREAS, on March 25, 1981, the Everett City Council passed Ordinance No.
769-81 along with a preliminary concomitant agreement dated April 10, 1981,
which was superseded by the final concomitant agreement dated January 28,
1983; and
WHEREAS, the Owner has requested and the Hearing Examiner has
recommended approval of an amendment that authorizes the development of
the site with a new site plan, landscaping concepts, building designs and
conditions for site development; and
WHEREAS, the Owner agrees to develop the property in accordance with
Ordinance No. 769-81 as amended and this Addendum; and
WHEREAS, the Owner and the City agrees that none of the previous conditions
of the Development Contracts for Glenwood Terrace dated April 10, 1981 and
January 28, 1983 do apply and that they are superseded by this Addendum
noted as Exhibit "1";
NOW, THEREFORE, It is Mutually Agreed As Follows:
Section 1: That the final concomitant agreement for Glenwood Terrace PRD
#3-80 Ordinance No. 769-81 dated January 28, 1983, is hereby amended to
read as follows:
1. Parking: Parking shall be generally consistent with the preliminary site
plan dated January 9, 1995 by Peter J. Reese. (Revision to Condition
#1, Hearing Examiner Report dated October 19,1994 )
2. Final landscaping plans must be submitted to the City's
Planning/Community Development Department and approved prior to
issuance of any construction plans for development on this site. The
landscaping plans must include the minimum following standards:
a. A landscape strip a minimum of 10 feet wide must be provided on
the east property line on the property frontage on Glenwood
Avenue, except for driveways. This area shall be planted with
Type III landscaping consistent with EMC 19.35.
b. The landscape concept dated 4-7-95 for units 1-12 and screening
on the north property line will be refined and implemented in final
form. The intent of this landscaping concept is to provide privacy
for yard areas in both residential neighborhoods.
c. A landscape planting plan shall be submitted for entryways,
parking areas, front yard areas of all units and around the
wetpond. These areas shall be planted with Type Ill landscaping.
d. Prior to issuance of any permits, landscaping plans must be
reviewed and approved by the City's Planning/Community
Development Department. Irrigation systems must be provided in
all landscaped areas per Section 35.130 of the Zoning Code. A
two (2) year maintenance assurance device must be provided for
the landscaping per Section 35.130B of the Zoning Code.
(Revision to Condition #15, Hearing Examiner Report dated
October 19, 1994. )
3. The Owner is required to submit for approval to the City's
Planning/Community Development Department a final site plan,
landscaping plans and building designs that are generally consistent
with the preliminary plans submitted for approval by the Hearing
Examiner. The Owner is required to comply with all amended Contract
Rezone #3-80 conditions, revisions approved by the Hearing Examiner,
a
SEPA MDNS #20-94, 51-94, and the Addendum to SEPA MDNS 51-94.
These plans must be submitted and approved prior to issuance of
permits. (Revision to Conditions #33, #36, Hearing Examiner Report
dated October 19,1994.)
4. The relocation of a utility easement to the property south of the subject
property may occur at the discretion of the Department of Public Works.
The easement does exist at this time, and it may have to be relocated to
adequately provide utilities to the property to the south. The easement
shall not expand anything that exists on-site prior to the approval of this
PRD.
5. A Sign Plan for entryways shall be submitted and approved by the
Planning and Public Works Departments prior to issuance of permits.
6. The Environmentally Sensitive Area (ESA) and Recreation Area shall be
dedicated to the Homeowner's Association as a Native Growth Protection
Area (NGPA) and Recreation Area. The Homeowner's Association will be
required to maintain this area along with ESA fences and signs. If there is
no Homeowner's Association, the maintenance and upkeep of the
property, including the NGPA, shall be the responsibility of the Owner.
The City Planning Department, Zoning Code Enforcement Section, shall
monitor all maintenance of the site.
7. Per City Standards, a chain link or wooden fence a minimum of four (4)
feet high must be placed along the defined limits of the ESA prior to the
initiation of any land alteration activities to these areas.
8. ESA trees immediately adjacent to the developable area shall be
protected from development impacts. Heavy equipment shall not compact
the root zone of ESA trees that enter into the developable area.
9. Fire hydrants are to be provided within 200 driving feet and no closer than
50 feet from each unit. Location of hydrants must be approved by the City
Fire Marshal. The hydrants must meet City Specifications.
10. 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.
11. 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 pubic
right-of-way. Public Works Department approval of these drawings is
required prior to any permits being issued.
12. Sidewalks are required to Glenwood Avenue, on the proposal's full
frontage per City Design Standards.
13. The construction plans must be designed from a site survey performed by
a licensed State of Washington land surveyor.
14. 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 first Occupancy Permit.
15. As-builts of storm sewer, sanitary sewer, and water systems will be
required to be submitted per City Design and Construction Standards and
Specifications.
16. On-site water main will be staked within an easement to the City. The
easement will be submitted to the City prior to issuance of permits.
17. Placement and screening of refuse disposal areas must be provided per
lection 39.080 of the Zoning Code.
18. Each unit is to provide a minimum of two hundred (200) square feet of
private open space to the rear of each dwelling. This open space shall be
specified on the final submittals to the City.
19. Premise identification and all required Fire Department access roads and
fire hydrants must be in service prior to commencement of construction.
20. Premise identification must be clearly identified by the correct address at
the street entry. The buildings must be clearly identified so as to be
visible and legible from the access road. Individual units, where
applicable, must be clearly and legibly identified from the access road.
21. The Owner is required to remove all hazardous wastes from the site and
to remove all materials that have been dumped on the site. This includes
all batteries and automobile bodies. If any of the adjoining property
owners inform the City as to the exact location of automobile bodies, etc.,
the City shall inform the owner, who shall be responsible for removal of
these items at once. Failure to remove these items will constitute a
violation of the Agreement and shall be subject to City of Everett Zoning
Code enforcement action.
22. Fire safety practice during construction must be in compliance with Article
87 of the Uniform Fire Code.
23. Any security fence erected around the construction site must be located
so as to not obstruct any existing hydrant, fire protection equipment, or fire
access. If fire access is obstructed, gates or other openings must be
provided for access.
24. A minimum of a one-car garage or carport is required for each unit.
Garages or carports may not be greater than one hundred (100) feet from
each unit.
25. Special charges for connection to the public sewer and water systems in
accordance with Ordinance No. 1171-85, as amended, are applicable.
These charges are based on projected water usage and can be
substantial. The Owner 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 and according to the information on the
approved plans at the time of Building Permit issuance.
26. Easements must be granted for the water and sewer mains before
issuance of Building Permits.
27. Individual pressure reducing valves will be required on all water services
or a new water main connection downstream of the Glenwood Avenue
PRD is required.
28. Driveable access via easements to all new manholes is required. These
easements shall be in perpetuity, and they shall be recorded.
29. 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.
30. The utility connection charge that is collected from all Building Permit
applicants at the time of Building Permit issuance will be increased by
approximately 50% effective July 13, 1994. The charge will again be
increased by 50%, January 13, 1995. To avoid the higher utility
connection charge, a complete Building Permit application (including
appropriate civil construction plans stamped by a licensed engineer) must
be filed with the City's Public Works Department prior to the effective date
of the increase.
31. Fire lanes must be provided as required in EMC 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.
32. For fire safety in multiple family 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 devise 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.
33. All buildings must comply with Chapter 16.76 of EMC, (Chapter 16.76
EMC defines the fire protection requirements):
a. Approved automatic detection systems are required in all
occupancies over 3,000 square feet in area. The systems are required to
be monitored. An electrical permit is required from the Building
Department prior to installation. Plans for such system must be
submitted, along with catalog cut sheets of equipment approved for use.
Acceptance test must be performed in the presence of a fire inspector
prior to occupancy of the building.
b. Buildings or occupancies over 6,000 square feet are required to be
provided with an automatic extinguishing system. The one exception is
that a building may be provided with one hour area separation constructed
according to the Uniform Building Code.
34. Required fire flow will be determined when more specific information is
provided. The Owner shall provide the final fire flow information prior to
any construction occurring on-site.
35. A trash collection dumpster over 1.5 cubic yards capacity must be located
a minimum of five feet from the building (UNF 11.302(b),1991 Edition).
36. Filling and grading must not impact single-family uses to the north.
Section 2: That this Addendum supersedes the conditions contained in
concomitant agreements for the development of Glenwood Terrace dated April
10, 1981, and January 28, 1983..
Section 3: That this Addendum shall not become effective unless the Owner
executes this Addendum and submits it to the City no later than 30 days after the
date the ordinance that authorizes this Addendum becomes valid.
Section 4: That this Addendum shall be filed in the records of the Snohomish
County Auditor for the purpose of subjecting the property to the restrictions,
conditions and limitations herein set forth herein which are intended and shall be
deemed to be covenants running with the land and binding upon the Owner,
Owner's successors, tenants and assigns.
' OF EVERETT
%/,4/1
• i -Ds. H , SEN
MAY• -
ATTE :
tr) ?
DbNNA RIDER
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF WASHINGTON)
)SS
COUNTY OF SNOHOMISH)
I certify that I Know or have satisfactory evidence that Edward D. Hansen
and Donna Rider signed this instrument and acknowledged it to be
(his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated 9 f 4S
Signature o 5 �'��Li� jb✓
Notary Putjlic
Title J(/
My appointme expires 177.30I48'
OWNER
Shergar Land Corporation
Q dp.....:--ik i6c.. .002....
NI
By: JOHN LAKHANI (It's President)
STATE OF WASHINGTON)
)SS
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Q)aanr1 Liakhan L
signed this instrument, on oath stated (he / she. was authorized to execute the
instrument and acknowledged it as the r` Viten'k
(Type of Authority, e.g. Officer, etc.)
of ��PY Qnj Licw. �Qyrn4- nvt to
(Name of Paji on Behalf of Whom Instrument was Executed)
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated q j i 1 45
Signature of
Notary Pubic _I,-/ 1 .•pAt . • '
Title at_
My appointment expires 4/30/4
1t i'
' . .
?reit M 140.1]
DEVELOPMENT CONTRACT
FOR
GLENWOOD TERRACE PLANNED RESIDENTIAL DEVELOPMENT
sem ori
Aw4L to) mit
r,nal Development Plan Approval and subsequent issuance of construction permits for
Glenwood Terrace PRD on the parcel described in Rezone Ordinance No, 76941 shall •
auc occur until the following have been satisfied.
Condit ions:
1.
1. The final site plan shall consist of the following elements:
A. The location of 27 single family attached units not to exceed clusters of
four and 18 duplex structures,which total 63 units on 45 lots.
B. A pedestrian circulation system for the project occupants providing a
sidewalk on one side linking the dwelling with the open space, play area, •
and bus shelter.
C. The Applicant and the City Planning Department shall attempt to reach an
agreement on the location of parking spaces, the number of parking spaces,
and the type of parking spaces (namely covered or uncovered). This
agreement shall be reached prior to final approval of the PRO. Should the''
parties be unable to reach such an agreement, the matter will be heard by
the Hearing Examiner and approved by the City Council.
2. Landscaping:
That a detailed final landscaping plan showing landscaping for the entire site, and
expanding on the preliminary plan be submitted to the Hearing Examiner showing
the following:
A. Cross-section of the typical landscaping as it relates to the perimeter of
this project. (North,south and east edges).
I ,
B. Typical cross-section and detail of each building cluster showing front,
rear, and side yard plantings, as well as landscaping to break up parking
areas.
3. Building Design: Final building designs shall be reviewed by the Hearing
Examiner and City Council shall be expected to meet the following criteria;
A. Buildings adapted to the site with minimal disruption of existing
topography, including minimal cuts.
B. Building design shall consider the following features: private entires,
private yard space, building offset of at least four feet.
4. Off-site Improvements: Sidewalk shall be installed along the Glenwood Avenue j 1
frontage.
5. Internal Streets: The internal street shall be constructed to City standarcs with
the following deviations and readjustments:
A. The size and width of the internal streets shall be determined upon
agreement of the type of parking to be allowed in the PRD.
B. A-1 curb and gutter will be utilized through the project except the Sponsor
will be allowed to use thick and edge curb in the townhouse cluster located
on 54th Place S.W.
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C. Tenth Place West right-of-way is to be extended to the southerly property
li
line.
D. Hammer head for turn-around on 54th Place S.W. shall be constructed to
9 r City standards.
6. Water: All systems installed must be built to City standards and must be looped
on site.
A. Utilities easements shall be provided on tract B and C to service future
II development.
7. Sewer: All Sewer mains will be constructed to City standards.
A. All utilities off public right-of-way shall have a minimum of 20 foot
easement; where approved by Public Works, 15 feet will be accepted.
B. The System Development Fee for the Southwest Sewer interceptor will be
$219.00 per unit for single-family dwellings; $248.00 per unit for two-
family dwellings.
C. Sponsor shall participate in the Southwest Everett Sewer L.I.D.
8. Drainage: All systems and detentions to be designed in conformance with City
Drainage Ordinance (11514-78).
r
A. A minimum setback from stream or stream bank of 15 feet.
B. Calculations must be submitted to indicate that units 3C, 4C, 42C, 43C,
44C, and 45C are out of the 25 year storm flood plain in an upstream
developed condition and the flood plain shown in the present contoured
If grading plan.
9. Clearing and Grading Plan: A plan showing the extent of grading and the
methods of controlling erosion shall be presented to the Planning and Public
Works Department. Prior to initial submittal of an erosion control plan, the
Sponsor shall meet with a representative of Utilities Division to discuss erosion
control provisions, construction schedules and stream relocation specifications.
10. Hydrology; All plans submitted for stream relocations shall be reviewed and
approved by Public Works.
A. The stream at the west end of the project must be drained through
approved means.
{
B. The stream at the east end of the project, when relocated, shall follow
• .1 relocation specifications:
iI
• 1. New creek channel shall be reseeded or otherwise stabilized prior to
diversion of water into it.
2. Storm drains and detention pond shall be constructed and operational
prior to initiation of any other clearing or construction work.
3. The detention pond shall be utilized as a sedimentation pond during•
construction. After construction is completed, the accumulated
sediment in the pond shall be removed.
4. The amount of vegetation rernoved shall be no greater than that
indicated by Subdivision Management's "Preliminary Clearing and
Landscaping Plan" dated 12/1/80. •
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5. A hydraulics y permit from the Department of Game shall be
requested.
I
6. Areas adjacent to existing or relocated creek channels shall be
• + r reseeded immediately following completion of earth •work in that
Immediate area.
7, Open channels shall be protected from sediment laden water by
means of straw bales, filter fabric fences, or other appropriate means
along its entire length.
8. Exposed soils not adjacent to a creek shall be reseeded within 30 days
of the completion of construction.
9. If the time of the year is not conducive to successful seeding, mulch
can be used in place of seed. These areas will then be seeded during
• the next growing season.
10. If possible, Construction activity close to the stream on Tract A
adjacent to units 3C and 4C should be limited to the period between
June 1 and September 1.
11. Recreation: The project's final site plan shall indicate the acres which will be
utilized as developed active recreation, The active recreational area will be
developed in conjunction with the overall development of the site.
12. Access: The landscaped island on 53rd Street Southwest and Glenwood Avenue
precluded from the site plan.
13, Homeowners: A homeowner's association shall be established to handle
maintenance of common areas. The homeowner's document shall be reivewed by
the City Planning Department prior to sale of any units.
14. Fire: Fire hydrants are required 200 feet from any structure.
15. School: The Sponsor shall provide a bus shelter on Glenwood Avenue.
16. Bonding: A bond shall be posted to guarantee compliance with final landscaping
plan.
17. Occ pancy: No occupancy permits shall be issued until the Planning Department
Certifies that Winmar Company PRD/Plat project has complied with the
• conditions of the PRD/Plat approval.
COMPLIANCE:
: The Applicant agrees to develop the Planned Residential Development on the parcel
,described in Rezone Ordinance No. 769-81 according to the foregoing conditions and
:furthermore agrees to notify the City of Everett Planning Department within 10 days
of any change of ownership.
AGREED TO THIS / ,V/ DAY OF 7n 4•�
; / , 1981.
' I
� I
Dennis L. 'eric son WThmar Company Jjr .uo,
Secretary «JJ
•
•
593
8J. 06010088 0.1:1i/ka
;i
E.XA 1 IT IA ��
C F i�J�►L J
DEVELOPMENT CONTRACT
GLENWOOD TERRACE PLAT/PRD #3-80 •
January 14, 1983
All permits issued for the development of Glenwood Terrace Plat/PRD #3-80 on the
parcel described in Rezone Ordinance No. 769-81 shall be in compliance with the
approved final site plan, landscaping plans, building designs and the condition
reiterated below:
CONDITIONS:
1. Internal Streets: The internal streets shall be constructed to the following
standards.
A. 53rd St. and 54th St. starting at the intersection at the play lot shall be
one-way with 40 feet of right-of-way and 24 feet of paving with parking
on one side.
B. 53rd and 10th Pl. starting at Glenwood Ave. shall be two-way with 50
feet of right-of-way and 32 feet of paving with parking on both sides.
C. A-1 curb and gutter will be utilized through the project except the
applicant may use rolled curb in the townhouse clusters on 54th St.
D. 10th Pl. W. and 53rd St. W. is to serve a maximum of 75 units. (Two-way
street)
E. 10th Place right-of-way is to extend to the southerly property line.
2. Glenwood Improvements: Sidewalk shall be installed along the frontage of
Glenwood Ave.
3. Water: All systems installed must be built to City standards and must supply
adequate fire flow to the ultimate development of the entire area.
A. Utilities easements shall be provided on tract B and D to service future
development. This easement is for all utilities.
4. Sewer: All Sewer mains will be constructed to City standards.
A. All utility easements shall have a minimum of 20 feet width; where
approved by Public Works, 15 feet will be accepted.
B. The System Development Fee for the Southwest Sewer Interceptor will
be $339.00 per unit for single-family dwellings; $496.00 per duplex. The
actual cost shall be computed by the Building Dept. per the ordinance in
effect at the time according to the information provided on approved
plans on the date of final plat approval.
C. Sponsor shall participate in the Southwest Everett Sewer L.I.D.
5. Drainage: All systems and detentions to be designed in conformance with City
Drainage Ordinance (#514-78).
A. A minimum setback from stream bank of 15 feet.
B. Calculations for elevation must be submitted to indicate that units 3A,
4B, 33F, 34F, 35F, and 36F are out of the 25 year storm flood plain in an
upstream developed condition and the flood plain shown in the present
contoured grading plan.
6. Clearing and Grading Plan: A plan showing the extent of grading and the
methods of controlling erosion shall be presented to the Planning and Public
Works Department. Prior to initial submittal of an erosion control plan, the
Sponsor shall meet with a representative of Utilities Division to discuss erosion
control provisions, construction schedules and stream relocation specifications.
7. Setbacks: All townhouse units shall provide adequate front yard setbacks to
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provide two uncovered parking spaces, 18 foot minimum is required on units
17c through 26c.
8. Hydrology: All plans submitted for stream relocations shall be reviewed and •
approved by Public Works.
A. The stream at the west end of the project must be drained through
approved means. (per Public Works standards)
B. The stream at the east end of the project, when relocated, shall follow
relocation specifications:
(1) New creek channel shall be reseeded or otherwise stabilized prior
to diversion of water into it.
(2) Storm drains and detention pond shall be constructed and
operational prior to initiation of any other clearing or construction
work.
(3) The detention pond shall be utilized as a sedimentation pond during ,
construction. After construction is completed, the accumulated
sediment in the pond shall be removed.
(4) The amount of vegetation removed shall be no greater than that
indicated by Subdivision Management's "Preliminary Clearing and
Landscaping Plan" dated 12/1/80.
(5) A hydraulics permits from the Department of Game shall be
requested.
(6) Areas adjacent to existing or relocated creek channels shall be
reseeded immediately following completion of earth work in that
immediate area.
(7) Open channels shall be protected from sediment laden water by
means of straw bales, filter fabric fences, or other appropriate
means along its entire length.
(8) Exposed soils not adjacent to a creek shall be reseeded within 30
days of the completion of construction.
(9) If the time of the year is not conducive to successful seeding,
° mulch can be used in place of seed. These areas will then be
seeded during the next growing season.
(10) If possible, construction activity close to the stream on Tract B
adjacent to units 3A and 4B should be limited to the period between
June 1 and September 1.
9. Recreation: The active recreational area will be developed per the phasing
plan as shown on the final site plan.
10. Homeowners: A homeowner's association shall be established to handle
maintenance of common areas. The homeowner's document shall be reviewed
by the City Planning Department prior to sale of any units.
11. Fire: Fire hydrants are required 200 feet from any structure.
12. School: The Sponsor shall provide a bus shelter on Glenwood Avenue.
13. Bonding: A bond shall be posted to guarantee compliance with final
landscaping plan. This bond shall be posted when the Applicant requests final
plat approval.
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!I 14. A final plat meeting all requirements of RCW 58.17, preliminary approval and
'I City Ordinance shall be submitted to the City for approval within three (3)
'; years of the date of preliminary plat approval. Applicant may file a written
request within the City at least thirty (30) days before the expiration of this
three (3) year period requesting a one year extension. Upon a showing that the
Applicant has attempted in good faith to submit the final plat within the three
(3) year period, a one year extension shall be granted. __
15. Occupancy: No occupancy permits shall be issued until the Planning
Department certifies that Winmar Company PRD/Plat project has complied
with the conditions of the PRD/Plat approval.
COMPLIANCE
I The Applicant agrees to develop the Planned Residential Development on the parcel
described in Rezone Ordinance No. 769-81 according to the approved final site plan,
landscaping plans, building designs and the foregoing conditions, and furthermore
I; agrees to notify the City of Everett Planning Department within 10 days of any
;'i change of ownership.
'I AGREED TO THIS,, li DAY OF 9 '� , 19$ .
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Mayor -- X21' 7/'
/ ' -ST, GKe/Le,,,Winmar Company `
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EXHIBIT "A"
(20th St. & Grano: Ave.)
LOTS 36 AND 37, BLOCK 372, PLAT OF EVERETT DIVISION "t=" , ACCORDING T. -TE PLAT
THEREOF, RECORDED IN VOLUME 4 OF PLATS, PAGE 41, RECORDS OF SNOHOMISH COUNTY
WASHINGTON.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND `-°:T_:I' fir_ OVER THE
NORTHERLY 10 FEET OF LOT 33, BLOCK 372, PLAT OF EVERETT DIVISION `4+.'.° -C,ORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 4 OF PLATS, PAGE 41, RECORDS OF SNOHOMISH
COUNTY WASHINGTON.
SITUATE LI THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON