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HomeMy WebLinkAboutResolution 3930 E1/ERETT RESOLUTION NO. 3930 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. 1 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 both 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 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 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. 2 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. 3 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. 4 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 5 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) . 6 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) 7 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. 8 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. (I_ OP /� Ccil Meu • -r Introducing Resolution PASSED AND APPROVED THIS 30th DAY OF March 1994. ,4000110 Council Presiden, ATTEST: City Clerk RES-3-93 9 112th St. Estates Basemap ! . I *,-t v H" -' 4* .i Nip E. ja dip milly Hallow Dale PI _ a �` 14'1I s ,a � ■ lin 1 110411712th St _ _ 1../ I 0 Estates- I ' i 1111. 0 f ir sic 'im IN i f/ ..--is\ / 112th St SW 1. i - =t= i 4t f / . I . • 4' 71J6111 0 w �24 ;7;//9"laillil.#.1.1■ . 111101 % S►% *Avii ■I '. -wit 41k110114. tuft. . '0% 00 c iT # 1-- A MR i A PA t E .7_0E...7_ Scale: 1" = 100' 112th St. Estates Zoningr •,,. li MCGMIG197 4 471 _ _ _11111‘ P it; . !Lib_ ticzzie— di, w Dale -- - -_- MP� - — 41 p - 3 a 0 %-- -----------— NI 7 hil . my., - - ______ "---77_-_-- AM l, .... _=ter idle •ivivAlline_ Ailli ilia i 101''1111°. 4 AllIF ;a i: 41"11 II.ill‘11111 J.61 / i :mil . 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