HomeMy WebLinkAboutResolution 3455 {
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RESOLUTION NO. 37'56
RESOLUTION OF INTENT TO REZONE
AND PERFORMANCE AGREEMENT
COONS REZONE REQUEST 71
A Resolution of the City of Everett Approving a Development
Proposal Located on the East side of 19th Ave. SE approximately
650 feet south of 100th St. , SE and Setting Forth Conditions to
Which the Development Proposal shall be Subject, and Declaring
Its Intent to Rezone said Property from R-1 (Single Family) to
B-2(B) (Office) upon Approved Completion of Certain Specified
Improvements on Property which is Proposed to be Rezoned
WHEREAS, Robert and Jeannette Coons (Palisade Properties) have
filed an application to rezone property located on the East side
of 19th Ave. SE approximately 650 feet south of 100th St. , SE
from R-1 (Single Family) to B-2(B) (Office) for the purpose of
developing a two-phase project. The first phase is remodeling
of an existing single-family structure for use as an office. The
second phase is construction of two additional buildings for
office use.
WHEREAS, the proposed zoning change would increase the intensity
of use and thus create greater traffic generation and potential
traffic disruption at the access point; and
WHEREAS, the Hearing Examiner after public hearing, review of
the Mitigated Determination of Non-Significance (MDNS) and
consideration of the recommendation of the Planning Department
adopted certain Findings and did recommend to the City Council
that the proposed rezone be approved pursuant to the provisions
of Section 41.160.D.7 of Ordinance 1671-89, as amended, and
subject to the specific conditions set forth in said
recommendation; and
WHEREAS, the City of Everett, hereinafter referred to as "City" ,
finds that by limiting the use of such properties and by
establishing certain standards for the development of the area
proposed to be rezoned, that the surrounding properties and the
traffic shed can be adequately protected from the impacts of
office use of the properties to be rezoned; and
WHEREAS, the Everett Zoning Code provides a mechanism by which
the City and property owners within an area proposed to be
rezoned may enter into a "performance agreement" wherein the
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proponent of a rezone agrees to develop a property according to
the terms of the agreement before the rezone is finalized by the
City.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Everett that the City declares its intent to rezone property
located on the East side of 19th Ave. SE approximately 650 feet
south of 100th St. , SE, the legal description of which is:
Blk 000 D-00 - All lot 1 tgw th ptn vac co rd adj to & abtg
on n In sd lot 1 per commissioners regular session of
11/29/76 & less w loft thof to City Ev per SWD 1501/145 and
file 7904170329
from R-1 (Single Family) to B-2(B) (Office) , pursuant to the
provisions of Section 41. 160 of Ordinance 1671-89, as amended as
of the date of this resolution, and the Council shall by
Ordinance, effect such rezone upon being advised that all of the
following conditions, stipulations, limitations, and
requirements contained in this Resolution have been met:
1. The use of the site shall be limited to those uses listed in
the use-standards table for B-2(B) excluding multiple family
residential uses, veterinary clinic, and restaurant.
2 . Access to this site shall be consolidated with the parcel to
the north. A mutual access easement shall be recorded with
the Resolution of Intent to Rezone.
3. If formed, participation in the Silver Lake Area Local
Improvement District (LID) shall be required depending on
benefits identified in a Special Benefit Study, if any.
The property owner shall comply with all requirements of the
Local Transportation Plan (LTP) , if the parcel in the Coons
rezone is in the LTP and if the LTP is adopted. Otherwise,
traffic and transportation impacts shall be addressed through
application of the Traffic Mitigation Ordinances 1670-89 and
1773-90 .
4 . Landscaping of the subject properties and abutting street
frontages shall consist of:
a. Parking strip between the sidewalk and the curb - Street
trees as selected or approved by and planted to the
specifications of the Everett Parks Department. As 19th
Ave SE is a Gateway Corridor, the site, including front
set-back area, shall be developed with one or several of
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the following trees: Scarlet Sentry Maple, White Pine,
Yosino Cherry Akebono, Dawn Redwood, and/or Port Orford
Cedar. _Street trees must be planted at 20 feet on
center.
b. Street frontage behind the sidewalk - A landscape strip
a minimum of twenty (20) feet in width, planted to Type
III standards, as described in Section 35 of Ordinance
#1671-89, shall be provided along the entire lot
frontage. The landscape area shall consist of a berm or
a raised planter bed, the center of which shall be a
minimum of thirty (30) inches in height above the
adjacent parking lot surface.
c. Interior property line setback landscaping - The
southern interior property line shall have a continuous
landscape strip a minimum of five (5) feet in width
planted to Type III standards as described in Section 35
of the Zoning Ordinance.
d. Internal parking lot landscaping - All internal parking
lot areas shall meet the purposes of the code and be
landscaped in accordance with the requirements of the
Zoning Code.
e. Landscape maintenance, assurance devices - All landscape
areas described herein shall be maintained by the owner
as required by the Zoning Code and a maintenance
assurance device shall be provided as required by the
provisions of the Zoning Code.
f. Landscape plans, planting materials - Landscape plans
shall be submitted for all areas in accordance with the
requirements of the Zoning Code. Landscaping plants and
materials shall be in accordance with the requirements
of the Zoning Code.
g. Landscaping/protective screening shall consist of a
landscaping corridor of twenty-five ( 25) feet in width
as a visual screen and protective buffer to separate
nonresidential development from adjacent single family
residential areas to the east.
h. The building pads of the future building areas shall be
landscaped with maintained and living groundcover, in
addition to any trees that may already exist.
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6. Lighting - Illumination of parking areas shall be as required
by the Zoning Code.
7. Signs - The signs shall meet the requirements of the Zoning
Code. One free-standing sign is permitted and wall signs
shall be permitted on facades visible from 19th Ave SE.
There is no provision for signs on fences.
8. The first phase of development (remodel of existing
structure) on the rezone site shall be in compliance with all
applicable City ordinances, standards and policies at the
time of the adoption of the Resolution of Intent to Rezone.
The future phase (construction of the remaining buildings as
proposed) shall meet the requirements of the Resolution of
Intent to Rezone in addition to Building and Fire Safety
requirements at the time the building permit(s) are issued.
9. Completion of Remodeling and Construction - The remodeling of
the existing structure shall be completed and all other
non-structural site improvements required by this Resolution
shall be completed within a year of the date of issuance of
the initial Public Works and Building permits for remodeling
and construction. The parking improvements shall be made for
each building before Certificate(s) of Occupancy are issued.
Upon completion of the improvements in accordance with the
terms specified herein, a rezone ordinance consistent with
this Resolution shall be presented to the City Council for
their consideration and approval . The site shall not be used
for the proposed rezone purposes until the City Council
adopts the rezone ordinance.
10. A change of use in the existing building requires that the
existing building comply with the current Building Codes for
the new use. A complete set of plans is required for the
existing building.
11 . Fire lanes must be provided as required in Everett Municipal
Code 4 .6.44. Until the property to the North is further
developed and site to site circulation is achieved, this
project has a dead end for fire access. Thus, it will be
necessary for the site to provide an identified and signed
fire lane. Red painted curbs with white stenciling of the
words "NO PARKING - FIRE LANE" AND VERTICAL SIGNS STATING "NO
PARKING - FIRE LANE - VIOLATORS MAY BE TOWED" are to be
located as approved by the Fire Marshall.
12 . For issuance of permits, all conditions and other information
contained in the Mitigated Determination of Non-Significance
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(MDNS) and Addendum thereto shall also prevail. In case of
conflict in conditions, current fire safety and building
standards and _ the adopted Intent to Rezone Resolution shall
prevail. In no case shall landscape requirements or parking
be diminished.
13 . Use of Property Inconsistent with this Resolution - Any use
of the subject properties inconsistent with the terms of this
Resolution, either before, during, or after construction
shall be grounds for revocation of this Resolution by the
City Council and shall also be considered a violation of the
Zoning Code and subject to the violation and enforcement
provisions thereof.
14. Expiration of this Approval - If all improvements for all
phases as required herein are not completed in full
compliance within five (5) years of the date of City Council
approval, this resolution shall become null and void.
15. This performance agreement 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 which are intended and shall have the force
and effect of deed restrictions and shall be deemed to be
covenants running with the land for the periods described and
binding upon the owners, their successors, tenants, and
assigns.
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Council Member Intr ducing Resolution
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PASSED and APPROVED this day of
1991 .
FIA14/24,
Council President
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