HomeMy WebLinkAboutOrdinance 2031-94 •
ORDINANCE NO. 2031_94 E1/EJFETT
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 112th
Street SW and Hollowdale Place, from Multiple Family Medium Density
Residential (R-3) to Multiple Family Medium Density Residential Planned
Residential Development (R-3-PRD), and confirming compliance with the terms
of the Resolution of Intent to Rezone, Resolution No. 3930, Auditors File
#9404080526; and
WHEREAS, Titan 112th Associates applied for a rezone of the property located
at 112th Street SW and Hollowdale Place. The purpose of the rezone was to
allow the construction of a 34 lot subdivision with 34 planned single family units;
and
WHEREAS, Titan 112th Associates has applied for approval of and has
constructed Division I; and
WHEREAS: Division I includes lots 1 through 12; and the rezone area
described as follows:
Legal Description of Division I Rezone Area:
Lots 28, 37 and 38 Paine Field Addition No. 2 , according to the plat
thereof as recorded in Volume 12 of Plats on page 92, records of
Snohomish County, Washington, described as follows: Beginning at the
Southeast corner of said lot 38; thence N00 02' 04" along the East line of
said lot 404.11 feet; thence S51 08' 07" W 95.66 feet; thence S83 27'
12"W 149.32 feet; thence N08 04'51"W 136.99 feet; thence N77 49' 46"W
125.22 feet: thence N10 54' 40"E 84.53 feet; thence N13 25' 28"W 177.06
feet; thence s88 44' 27"W 10 feet to the West line of said Lot 28; thence
S00 03' 02"W along the West line of said lots 28 and 37 a distance of
739.87 feet to the Southwest corner of said lot 37; thence S89 23' 43"E
along the south line of said lots 37 and 38, a distance of 400.02 feet to
the true point of beginning.
WHEREAS, Titan 112th Associates agreed to develop the site in accordance
with the preliminary subdivision approval, approved final site plan, landscape
plans, and building elevation; and
WHEREAS, the City Council did pass Resolution No. 3930 on March 30, 1994,
which declared the City's Intent to Rezone the subject property upon completion
of the construction of the preliminary subdivision in accordance with the terms
and conditions specified in said Resolution of Intent, Resolution 3930 Auditors
File # 9404080526; 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 Development with
a Site Plan, and conditioning the preliminary subdivision to City Standards, the
development will promote the public health, safety and welfare, and will promote
the best long term interests of the Everett Community; and
WHEREAS, the high standards for landscaping and the normal requirements of
City Codes pertaining to the site plan, lot design, and building design will be
implemented through the Resolution of Intent to Rezone, Resolution 3930
Auditors File # 9404080526, which has been agreed to by the applicant and the
City. The requirements specified in the Resolution of Intent to Rezone are
sufficient to mitigate adverse impacts upon existing or anticipated land uses in
the immediate vicinity of the subject property; and
WHEREAS, Titan 112th Associates has constructed Division I in accordance
with the terms of the Resolution of Intent to Rezone, Resolution No. 3930,
Auditors File #9404080526;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
SECTION 1: The zoning of the above described property (Division I)is hereby
amended to R-3 PRD (Multiple Family Medium Density Residential 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.
3930, Auditor File #9404080526, 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. 3930, Auditors File # 9404080526, is attached 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 the attached Resolution of Intent to
Rezone, Resolution No. 3930, Auditor File #9404080526, 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 resolution 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 resolution. The Everett City Council hereby declares that
it would have adopted this ordinance and the attached resolution 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
Cy" OF EVERETT
/
ED►,: = RD D. . ANSEN, MAYOR
ATTEST
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CITY CLERK
PASSED: 11/28/94
VALID: 11/30/94
PUBLISHED: 12/07/94
Rezone to R-3 PRD
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RESOLUTION NO. 3930 <?/.2 L4 j,
RESOLUTION OF INTENT TO REZONE
TITAN 112TH ASSOCIATES
11061 NE 2ND STREET #200
BELLEVUE, WA 98204
A Resolution of the City of Everett Approving a Development
Proposal located at 112th Street SW and Hollowdale Place, 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 Planned Residential Development (R-3 PRD) , upon
Approval of the Final Development Plan and Final Plat.
WHEREAS, Titan 112th Associates has filed an application to
rezone property generally located at 112th Street SW and
Hollowdale Place, from R-3 (Multiple Family Medium Density
Residential) to R-3 Planned Residential Development (R-3 PRD) ,
for the purpose of constructing 34 Single Family Detached
Dwellings on 34 lots; and
WHEREAS, the Hearing Examiner, after holding a public hearing,
did adopt certain Findings, Conclusions, and Recommendations, and
did recommend to the Everett City Council that the proposed
rezone be approved pursuant to the provisions of Section 32. 130
and 41. 160.D.7 of Ordinance 1671-89 as amended, and shall be
subject to the specific conditions set forth in said
Recommendation and Mitigated Determination of Non-Significance
#70-93 ; and
WHEREAS, the City of Everett, hereinafter referred to as "City, "
finds that by approving a specific number of units and specific
unit types, and by establishing certain standards for the
development of the property to be rezoned, the adjacent property
abutting to the north is compatible with the development as
proposed; and
WHEREAS, the Everett Zoning Code provides a mechanism by which
the City and property owner may enter into a "performance
agreement" wherein the proponent of a rezone agrees to develop
property according to the terms of the agreement before the
rezone is finalized by City.
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NOW, THEREFORE, BE IT RESOLVED that the Everett City Council of
the City of Everett declares its intent to rezone property
located at 112th Street SW and Hollowdale Place legally described
as Lots 27 , 28 , 37 and 38 of Paine Field No. 2 , according to the
Plat thereof Recorded in volume 12 of Plats, page 92, Records of
Snohomish County, Washington, from R-3 (Multiple Family Medium
Density Residential) to R-3 Planned Residential Development (R-3
PRD) , for 34 Single Family Detached Units on 34 Single Family
Lots pursuant to the provisions of Section 41. 160 of Ordinance
1671-89, as amended, and the conditions of this Resolution of
Intent.
1. Lot design/configuration for this Plat/PRD 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 beth by
Planning and Public Works Departments.
2 . Final Site Plans: A final development plan must be
submitted to the Planning/Community Development Department
that is in substantial compliance with the approved
preliminary development plan and the 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 theentire 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 Planning.
c. A detailed final plan of the landscaped entryways and
identification signing.
d. A detailed landscape plan for proposed wetponds which
includes fencing and planting.
e. A detailed landscaped plan for units that are adjacent
to Stream Buffers which would include required fencing
for delineation of wetlands.
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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. 34 Single Family Detached Dwellings
b. Final Building Plans consistent with Approved Final
Site Plan.
5. Parking: Each unit is required a minimum of 4 off-street
parking stalls. Parking shall be provided by 2 car garages
with 2 parking stalls in driveways . The project must
prohibit the conversion of garages to living area. Note on
the final plat map.
6 . Signing: A signing plan for entryways shall be submitted
and approved by Planning and Public Works Departments .
7 . Tract 501 shall be dedicated to the Homeowners Association
as a Native Growth Protection Area ( for future reference in
these conditions this area will be designated as ESA) . The
Homeowners Association will be required to maintain this
area along with fences and signs.
8 . Prior to any clearing or construction activities , the
applicant shall install construction fencing and a silt
fence at buffer lines adjacent to all ESA areas. Proper
location and installation of the fence shall be verified by
the City. Red flagging shall be placed on the temporary
fencing.
9 . 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 which enter
into the developable area.
10 . Upon completion of construction, a permanent fence shall be
installed along the edge of the ESA Tract 501. The fence
shall be of a split rail design and have attached signs
noting the presence of the ESA land in the ownership and
control of the City and restrictions pertaining to any
activities which would alter or damage its habitat.
11 . Fire Hydrants are required to be provided within 350 driving
feet of each building site on each lot. Location of hydrants
must be approved by the City Fire Marshal . The hydrants
must meet City Specifications.
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12 . 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.
13 . 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 Final Plat Approval .
14 . Forty-two feet of right-of-way is to be dedicated to the
City for street purposes for the new street within the
proposal .
15 . The new street must be 28 feet wide curb to curb with
sidewalk on both sides.
16. Full standard half street improvements, including but not
limited to curb, gutter, and sidewalk, are required to the
full frontage on 112th Street SW and Hollowdale Place per
City Design Standards.
17 . All lots must take access from the new public street except
for lots 13 , 33 , and 34. This must be noted on the final
plat map.
18 . Signs stating "No Parking" must be provided within the
circumference of the cul-de-sac as directed by the City
Engineer.
19 . The construction plans must be designed from a site survey
performed by a licensed state of Washington land surveyor.
20 . Soil compaction testing shall be performed throughout the
construction of the public street and utilities. Density
curves shall be submitted to the Public Works 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.
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21 . 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.
22 . Temporary erosion control measures for construction activity
must be operational prior to commencement of any clearing or
earthwork.
23 . A note must be added to the final plat map that all lots
must be served by a gravity sewer system.
24 . Public sewer and water mains must be installed for this
project in accordance with City Design and Construction
Standards.
25. 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 .
26 . Per . City Standards, a chainlink or solid wooden fence a
minimum of 4 feet in height must be placed along the edge of
the defined limits of the environmentally sensitive area
prior to the initiation of any land alteration activities on
the site.
27 . 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.
28 . A note must be placed on the final plat map that states that
approval from the Public Works Department is required for
planting/or fencing of the easement on lots 29-32 . This
easement must be from the new public right-of-way to the
existing sewer line, then 10 feet east.
29 . City streets are to be kept clear of dirt and debris at all
times during construction. Dust suppression and street
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cleaning must occur as directed by the Public Works
Inspector.
30. As-builts of storm sewer, sanitary sewer, and water systems
will be required to be submitted per City Design and
Construction Standards and Specifications .
31 . A two year guarantee is required for public
retention/detention or other drainage treatment/abatement
facilities serving areas larger than one acre.
32 . Any grading/fill on this site shall be done so as to not
impact the surrounding properties.
33 . The site is served by the Mukilteo Water District.
Construction plans must be approved by both City of Everett
and Mukilteo Water District.
34 . All 15 foot accessways will have to be approved by the Fire
Marshal . If the driveway access is greater than 150 feet to
all portions of the building site, installation of
residential sprinkler system in compliance with the
requirements of NFPA Standard 13D may be required.
MITIGATION OF ADVERSE IMPACTS IDENTIFIED AND IMPOSED BY SEPA
REVIEW #70-93:
AGENCY WITH JURISDICTIONS:
1 . An Hydraulics Project Approval from the State Department of
Wildlife may be required for this project due to its
proximity to a Swamp Creek. More stingent detention and
water treatment requirements than the City would impose may
be placed on the project as a condition of the HPA. A copy
of the HPA or a letter from the Department of Wildlife
stating than an HPA is not needed should be included with
the plans for Public Works review.
2. A permit from the Dept. of Ecology or the Snohomish Health
District is required for removal of contaminated soils on
site. Areas impacted must be replaced with uncontaminated
topsoil before final plat approval may be granted.
3 . A National Pollutant Discharge Elimination System (NPDES)
permit, administered by Washington State's Department of
Ecology, will probably be required for clearing and grading
activities on this site due to its size (> 5 acres) .
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MITIGATION OF ADVERSE IMPACTS BY SEPA:
1 . The plat maps and plans must not show portions of wetponds
and /or other drainage facilities located within the final
required wetland buffer area. If encroachment into the
buffer must occur for these facilities, then mitigation from
the encroachment or buffer averaging must take place. There
must be no restriction in the future as to how these
facilities are maintained, as there could be if they were
part of a required wetland buffer.
2 . Water quality enhancement of stormwater runoff from paved
areas must occur prior to discharge of the stormwater from
the site or to a stream or wetland. (SEPA Water Policy)
3 . Due to the proximity of the site to environmentally
sensitive areas , seasonal limitations will be placed on land
alteration activities. 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
seasonal limitation period requires site specific
information generally not available until the project design
stage. However, preliminary analysis using the information
available at this time indicates that land alteration
activities on the project site will be restricted to the
period between February 1 and November 1 . (SEPA Water
Policy)
4 . Any grading/fill on this site shall be done so as to not
impact the surrounding properties. (SEPA Earth Policy)
5. Prior to issuance of final approval, the Applicant must pay
a traffic mitigation fee of $7 , 463 per the City's Interim
Traffic Mitigation Ordinance No. 1670-89 , as amended
(Current Ordinance No. 1910-92) . (SEPA Transportation
Policies)
6. On-Site detention of stormwater runoff from impervious areas
is required per City Standards. (SEPA Water Policy)
7. Stormwater detention/retention, quality protection, and
enhancement requirements for this project shall be those
requirements in effect at the time of application for Public
Works permits. (SEPA Water Policy)
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8 . The applicant currently proposes to provide access to an
easterly wetpond across an existing culvert in the creek.
The culvert must be analyzed by the applicant's engineer,
and determined to be adequate to provide vactor truck access
before it can be accepted as maintenance access for any
provided drainage feature(s) . If the existing culvert is
not adequate, access must be provided to any easterly
drainage features from the northern cul-de-sac. (SEPA Water
Policy)
9 . The runoff from rooftops of homes located along wetland and
stream buffers should be routed to individual
drywell/dispersion trench systems located along the edge of
the buffer. (SEPA Water Policy)
10 . The stream on this site may or may not flood portions of the
property during large storm events. The City will provide
the 10 year and 100 year peak stream flows to the applicant
to be used in site design. The applicant will be
responsible for using the design flows to determine the
water elevations corresponding to the flows. Lot elevations
outside of the creek/wetland buffer must be filled to 1 foot
above water elevations resulting from the ten year peak
flow. Finished floor elevations of residences must be a
minimum of 2 feet above the 100 year flood. (SEPA Water
Policy)
11 . A final wetland mitigation plan will need to be submitted
consistent with the conceptual plan done by Wetlands
Resources Inc. dated received October 4 , 1993 (drawn
September 24 , 1993 ) .
TIME LIMITS - Within a period of three years following the
approval of the preliminary development plan and 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 filling of this final development plan. _
If the applicant fails to apply for final approval for any reason
within the time specified in Subsection 32 . 160 , 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.
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PERFORMANCE AGREEMENT REZONES - MAP CHANGE - Upon Final
Development Plan Approval of the project in full compliance with
the 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 the City Council
adopting an Ordinance which specifically describes the property
being rezoned.
USE OF PROPERTY INCONSISTENT WITH THIS RESOLUTION - If any use
of the subject property occurs which is inconsistent with the
terms of this Resolution, either before, during, or after
construction and installation of all improvements required by
this Resolution, this Resolution shall become void and all
entitlements to the uses permitted herein shall be forfeited, and
any use inconsistent with the underlying zoning of the property
shall be deemed a violation of the zoning code and be subject to
violation, enforcement, and penalty provisions thereof .
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.
Ltk
Council Member Introducing Resolution
PASSED AND APPROVED THIS 30th DAY OF March 1994.
Council President/
ATTEST:
City Clerk
RES-3-93
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