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HomeMy WebLinkAboutResolution 3843 RESOLUTION NO. 3843 RESOLUTION OF INTENT TO REZONE LAKECREST CONSTRUCTION COMPANY 4641 SILVERTIP LANE EVERETT, WA 98203 A Resolution of the City of Everett Approving a Development Proposal located at 10660 7th Avenue SE, setting forth conditions to which the Development Proposal shall be subject, and declaring its Intent to Rezone said Property from R-1 to R-1 Planned Residential Development (R-1 PRD) , upon Approval of the Final Development Plan. WHEREAS, Lakecrest Construction Company has filed an application to rezone property generally located at 10660 7th Avenue, from R-1 (Single Family Low Density) to R-1 Planned Residential Development (R-1 PRD) , for the purpose of constructing 13 Single Family Detached Dwellings on 13 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 Revised Mitigated Determination of Non- Significance dated June 11, 1993 ; 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 and east 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 i NOW, THEREFORE, BE IT RESOLVED that the Everett City Council of the City of Everett declares its intent to rezone property located at 10660 7th Avenue SE, legally described as Lots 7 and 8 of Broadway Farms No. 2 as Recorded in Volume 13 of Plats on page 93 , from R-1 (Single Family Low Density) to R-1 Planned Residential Development (R-1 PRD) , for 13 Single Family Detached Units on 13 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 by both 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 prior to Final Plat Approval. 3. Final Landscaping Plans: Final landscaping plans must be submitted to the Planning/Community Development Department for approval prior to Final Plat 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, 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 buffer which would include required fencing for delineation of wetlands. 2 F. A detailed landscape plan or fencing for backyards of units 1, 2, 3, 4, 5, and 10. 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. 13 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 City as an Environmentally Sensitive Area. 8. Prior to any clearing or construction activities, the applicant shall install construction fencing and a silt fence at either the eastern edge of the ESA Tract 501 or at the drip line of trees within the ESA, whichever is the greater distance. Proper location and installation of the fence shall be verified by the City. 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 eastern edge of the ESA Tract 501. The fence shall be of an attractive design (split rail) and have attached signs noting the presence of the ESA lands in the ownership and control of the City, and restrictions pertaining to any activities which would alter or damage its habitat. 11. All buildings must be clearly posted with correct addresses in such a manner as to be visible and legible from the street. 3 12. 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. 13 . 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. 14. 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 the Occupancy Permit is issued. 15. Forty-two feet of right-of-way is to be dedicated to the City for street purposes for the new street within the proposal. 16. The new street must be 28 feet wide curb-to-curb with sidewalk on both sides. 17. Full standard half street improvements, including but not limited to curb, gutter, and sidewalk, are required to the full frontage on 7th Avenue SE per City Design Standards. 18. All lots must take access from the new public street and not 7th Avenue SE. This must be noted on the final plat map. 19. Signs stating "No Parking" must be provided within the circumference of the cul-de-sac as directed by the City Engineer. 20. The construction plans must be designed from a site survey performed by a licensed state of Washington land surveyor. 21. 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 4 investigator/tester and submitted to the Public Works Inspector within 24 hours. 22. 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. 23 . Temporary erosion control measures for construction activity must be operational prior to commencement of any clearing or earth work. 24. A note must be added to the final plat map that all lots must be served by a gravity sewer system. 25. Public sewer and water mains must be installed for this project in accordance with City Design and Construction Standards. 26. 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. 27. A pressure reducing valve will be required. A two inch water main can be used to supply water to these proposed eight lots without a blowoff. 28. 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. 29. Requirement for Maintenance Warranty 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. 5 30. A note must be placed on the final plat map that states that approval from the Public Works Department is required for planting of the easement on the north side of the property. 31. 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. 32. As-builts of storm sewer, sanitary sewer, and water systems will be required to be submitted per City Design and Construction Standards and Specifications. 33. A two year guarantee is required for public retention/detention or other drainage treatment/abatement facilities serving areas larger than one acre. 34. The PRD/Preliminary Plat is approved only if the Everett City Council reclassifies the subject property from an R-1 Single-Family Designation to an R-1 PRD zoning designation. 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 North 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. MITIGATION OF ADVERSE IMPACTS BY SEPA: 1. The Mukilteo School District has commented that the project will adversely impact the School District. The Applicant must negotiate with the School District regarding a mitigation agreement. Prior to Final PRD/Plat Approval, a written letter or agreement must be provided to the City by the School District or Applicant. (SEPA Public Services and Utilities Policies) 2. No stormwater quality enhancement facilities may be located inside designated wetland or stream buffer areas. Natural wetlands or wetlands created for mitigation may not be used for detention of stormwater. (SEPA Water Policy) 6 • 3. Stormwater quality enhancement of runoff from paved areas must occur prior to discharge of the stormwater from the site or to a stream or wetland. Three options for storm water quality enhancement are presented in the City's Design and Construction Standards and Specifications, with the least preferable option allowed only if the first two options are infeasible in the opinion of the Public Works Department. The options for stormwater quality enhancement are, in order of preference: (SEPA Water Policy) a. an infiltration basin designed and constructed according to City Standards, b. a wetpond designed and constructed to City Standards, or, c. a baffle-type oil/water separator followed by a vegetated swale, both designed and constructed according to City Standards. 4. If wetponds are provided, the applicant should attempt to make the wetponds a site amenity. As such, they should be designed with 3:1 side slopes and a 10 foot wide safety bench for every 3 feet of vertical depth to eliminate the need for fencing of the ponds. Picnic tables and/or benches could then be placed along the edge of the ponds for resident use. All wetpond areas will need to be fully landscaped and included in the landscaping theme. (SEPA Water Policy) 5. 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 such 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) 6. Development of the site must not adversely affect the hydrology of the site's wetlands. The quantity and rate of water entering the wetlands must be determined for current conditions. Under developed conditions, a similar rate and 7 quantity of roof drainage or treated runoff must continue to be discharged to the wetlands. Prior to application for building permits and plan review by the Public Works Department, a characterization of the hydrology of the wetlands on or adjacent to this project that may be affected by the development of this site must be submitted to and approved by Planning/Community Development. (SEPA Water Policy) 7. Discharge of water to wetland should mimic natural discharges as much as is feasible. Where point source discharges do not occur, this type of discharge should be avoided. Techniques that result in dispersed discharge, such as dispersing trenches or buried perforated pipe located at wetland buffer edges, can be used to mimic naturally occurring sheet flow into wetlands. (SEPA Water Policy) 8. Any grading/fill on this site shall be done so as to not impact the surrounding properties. (SEPA Earth Policy) 9. Prior to issuance of final approval, the Applicant must pay a mitigation fee per the Interim Traffic Mitigation Ordinance No. 1670-89, as amended (Current Ordinance No. 1910-92) . (SEPA Transportation Policies) 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. 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 8 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 describe• herein. /; L,‘9 Couheil Member Introducing Resolution PASSED AND APPROVED THIS 22nd DAY OF September 1993. r- Council President ATT.ST: I4 n i t __, City Clerk I, , I 9