HomeMy WebLinkAboutOrdinance 2926-06EVERETT CITY COUNCIL
ORDINANCE NO. 2926-06
An Ordinance Approving An Amendment To
The Comprehensive Plan Map (Ordinance No. 2021-94,
as amended) From Single Family Detached (1.1) To Single Family Attached
(1.4), With A Second Amendment From Community Business (4.2) To Single
Family Attached (1.4), And Amending Section 2.020 Of Ordinance No. 1671-89,
As Amended (EMC 19.02.020), With A Rezone From R -2A (Single Family Attached)
To B-2 (Community Business) On Specific Areas Within A Combined
Site Located East of 19th Avenue SE And South Of 96th Place SE
Subject To Conditions Of A Development Agreement
the Clark — Eastmont Rezone
WHEREAS, the City of Everett adopted a Comprehensive Plan in August, 1994, in
conformance with the Washington State Growth Management Act; and
WHEREAS, the City of Everett adopted the 10 year update to the Comprehensive Plan, in
conformance with the Washing Growth Management Act on July 20, 2005; and
WHEREAS, the Growth Management Act, codified as Chapter 36.70A, allows for
comprehensive plans to be amended on an annual basis; and
WHEREAS, the City of Everett initiated its 2005 annual comprehensive plan amendment
process in July, 2005, which included consideration of Land Use Map amendments and rezone
applications initiated by property owners; and
WHEREAS, Mr. Clark submitted an application to amend the Comprehensive Plan land use
designation from Single Family Detached (1.1) to Single Family Attached (1.4), with a second
amendment from Community Business (4.2) to Single Family Attached (1.4), and a rezone from
R -2A to B-2 (see attached map, Exhibit "A"), for a site located east of 191h Avenue SE, and south
of 96th Place SE; and
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WHEREAS, the Planning Commission held a public hearing on the matter on April 4, 2006 at
which time they considered public testimony and heard applicant and staff presentations and
considered the various aspects of the proposal; and
WHEREAS, at the public hearing on April 4, 2006 Mr Clark's representative accepted a
recommendation to limit uses in the proposed B-2 area to: Appliance service and sales, Bakery,
Carpet sales, Dry cleaner, Furniture sales, Health and fitness, Laundromat, Personal services
(tailor, beauty, salon), and Retail — indoor, including up to 30 residential units, together with uses
allowed in the B -2B zone.
WHEREAS, Following the public hearing phase of its deliberations the Planning Commission
did resolve to recommend to City Council that the proposed amendments to the Comprehensive
Plan and rezone be approved, subject to conditions of a Development Agreement.
WHEREAS, THE EVERETT CITY COUNCIL FINDS:
1. The purpose for the requested Comprehensive Plan land use map amendment is to allow
construction of cottage style housing with an office / retail use next to 19th Avenue SE, which
will include underground parking and pedestrian enhancements; and
2. To achieve the proposed land use changes the City needs to amend the Comprehensive Plan
Land Use map from Single Family Detached (1.1) to Single Family Attached (1.4), together
with a second Comprehensive Plan amendment from Community Business (4.2) to Single
Family Attached (1.4) and approve a rezone from R -2A (Single Family Attached) to B-2.
See attached map, Exhibit "A," for location of specific action "Areas" on this combined site.
WHEREAS CITY COUNCIL CONCLUDES:
1. The application provided in support of this action is consistent with the Comprehensive Plan
because the change in land use meets housing supply objectives of the Plan in an innovative
and desirable manner, and the commercial component of the project is properly located and
is of a limited use category and scale that it, with use restrictions applied herein, will be made
an appropriate addition to the east side of 19th Avenue SE; and
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2. The public health, safety and welfare would be provided for by use of the site with cottage
style housing to the east, and business / commercial adjacent to and facing 19th Avenue SE, if
certain conditions of approval are met, as set forth herein, if the completed project would
function and substantially appear as presented to the Planning Commission (Exhibits B, C,
and D), on April 4, 2006, and if a Development Agreement is applied, attached hereto and
incorporated by reference.
The proposed amendment to the land use map and rezone promotes the best long term interest
of the Everett Community only if the proposal is supported through use of a Development
Agreement.
4. The approval as requested does not constitute a grant of special privilege to the proponent.
NOW, THEREFORE, THE EVERETT CITY COUNCIL DOES ORDAIN:
Section 1: Approval of Comprehensive Plan Amendment. Ordinance No. 2021-94, as
amended, is hereby amended as follows:
1. The Land Use map designation of the Comprehensive Plan is hereby amended for the subject
property from Single Family Detached (1.1) to Single Family Attached (1.4), and from
Community Business (4.2) to Single Family Attached (1.4) as depicted in Exhibit A; and
Section 2: Approval of Rezone. Section 2.020 of Ordinance No. 1671-89, as amended
(EMC 19.02.020), is hereby amended as follows:
1. The subject property is rezoned from R -2A (Single Family Attached) to B-2, as depicted on
the attached Exhibit A.
Section 3: Conditions of Approval
1. Uses on the commercial part of the site (Exhibit A, Areas C and D), shall be limited to:
Appliance service and sales, Bakery, Carpet sales, Dry cleaner, Furniture sales, Health and
fitness, Laundromat, Personal services (tailor, beauty, salon), and Retail — indoor, together with
uses allowed in the B -2B zone.
2. Such development as is approved herein, and subject to the Development Agreement attached
hereto by reference, shall not occur until and unless a single entity, be it Mr. Clark or his heirs or
assigns, has full ownership and control of the affected site.
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3. Because the affected and combined site is made up of four distinct Areas, two of which are
currently in unincorporated Snohomish County at this time, area A on the map found at Exhibit
A shall be annexed to Everett prior to a development request being filed with the City. Area C
on Exhibit A, which is also in unincorporated Snohomish County and must be annexed, may be
annexed and developed at a date subsequent to the commercial development of Area D, so long
as it integrates with the development of Area D, as depicted in Exhibits B and D.
4. The Planning Department is instructed to amend the Comprehensive Plan and Zoning maps to
reflect the herein enacted Comprehensive Plan map amendments, zone change.
5. Exhibits A, B, C, D, E and F are hereby made part of this approval and incorporated herein by
reference.
6. The Mayor is hereby authorized to approve and sign the Development Agreement, which is
attached hereto and incorporated herein by reference (Exhibit F).
7. Any and all improvements to the subject property shall be in conformance with City standards
unless otherwise provided for, as specified herein.
Section 4: The legal description of the area affected by this action is:
See legal description at Exhibit E
Section 5: Validity.
Should any section, subsection, paragraph, sentence, clause or phrase set forth in this Ordinance or its
application to any person or situation be declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this Ordinance or its application to any
other person or situation. The City Council of the City of Everett hereby declares that it would have
adopted this ordinance 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.
Section 6: Purpose.
It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of
the general public and not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefited by the terms of this ordinance.
It is the specific intent of this Ordinance that no provisions nor any term used in this ordinance is
intended to impose any duty whatsoever upon the City or any of its officers or employees.
Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any
liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting
from any action or inaction on the part of the City, its officers, employees or agents.
Section 7: Pending actions.
The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter currently
pending before the City or in any court.
Section 8: Corrections.
The City Clerk and the codifiers of the Ordinance are authorized to make necessary corrections
to the ordinance including, but not limited to, the correction of scrivener's / clerical errors,
references, Ordinance numbering, section / subsection numbers and any references thereto.
t)a StephaYson, Mayor
ATTEST:
City Clerk
Passed: 7-26-06
Valid: 7-31-06
Published: 8-3-06
Effective Date: 8-15-06
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Clark Combined Development Site
The following actions are executed by this Resolution
Area "A:" Amend the Comprehensive Plan from 1.1 (Single Family Detached) to 1.4
(Single Family Attached). This area will be zoned R -2A upon annexation.
Area "B" Amend the Comprehensive Plan from 4.2 (Community Business) to
1.4 (Single Family Attached).
Area "C" No action required. Will be zoned B-2 (Community Business) with conditions
upon annexation.
Area "D" Rezone from R -2A to B-2 with conditions.
Exhibit A
Upon full implementation of a Development Agreement Areas A and B will be zoned
R -2A and used for "cottage style" housing as depicted in the Exhibits and Areas C and
D will zoned B-2 and used for office / retail with conditions. Area C may be annexed
and developed for office / retail use subsequent to the development of Area D. All
development shall be substantially consistent with the Exhibits and conditions within this
Ordinance.
19" Ave SE
North
Commercial Roadway Studio Units Community Homes
Building (over garage) space
EXHIBIT B
Site Diagram
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SITE SECTION LOOKING NORTH
EXHIBIT C
Cottage Housing Elevations (Typical)
with commercial structure location and mass.
SECTION AT COVERED PEDESfRUW PASSAGEWAY SECTION AT RETWOFFICE
WEST ELEVATION......._
EAST ELEVATION
nXb I FMOCUM * - —
Exhibit D
Commercial Building
Zone Action Legal Descriptions
CLARK COMPREHENSIVE PLAN AMENDMENT
Parcel Legal Descriptions by Area
Area A: Saundar Estates Blk 000 D -00 -Lot 1 Exc West 50 feet THOF
together with Saundar Estates Blk 000 D-00 Lot 2.
Area B: East 124 Feet of West 289 feet of North '/2, South '/2, N '/z of
SW 1/4, Ly East of Old Bothell Everett Highway
Area C: Tiemann Addition, Block 000 D-00 — Lot 34 and Lot 35.
Area D: W 135 Feet of North '/2, South '/2, N '/z of SW '/4 Ly, East of Old
Bothell Everett Highway
All in Section 17 Township 28 Range 05, Snohomish County.
EXHIBIT E
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Exhibit F
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 2 l day of 2006, by and
between Eastmont Place, LLC and Eastmont Village, LLC, Colman Building, 91 Marion Street,
Seattle, Washington 98104 (hereafter termed, "the Company"), and the City of Everett, a
municipal corporation under the laws of the State of Washington (hereinafter the "City").
RECITALS
A. The Company owns approximately 3.4 acres of real property (map attached) on
the east side of 191h Avenue SE, south of 96th Place SE (hereafter the "Property"). Upon
implementation of this Agreement the zoning will be B-2 subject to use limitations found herein U-)
and R -2A (see attached zone map, Exhibit "A") with site configuration and building appearances
c
subject to depictions and agreements found herein.
The Company's interest is to provide residential units and commercial services in such a
way as to provide maximum use of the site. The Company herein states, as evidenced by \rn
willingness to sign this Agreement, that The Company officials in general and Mr. Clark
specifically, have examined all details of the financial implications of this Agreement and herein
states his and the company's willingness make every effort to follow through with these
commitments with only minor changes, as defined herein, being contemplated. The City agrees
the community would benefit from such an action at this location, provided conditions found
herein are met.
B. This Agreement sets forth the design appearance standard for new single family
structures and for the site, attached as Exhibits B and C and for the commercial building
appearance, Exhibit D. The site of the commercial building footprint may change especially if
area C is not part of the Development Agreement.
C. This Agreement is entered into pursuant to RCW 36.70B.170,.180, and .190.
The purpose of this Agreement is to ensure the new single family and commercial structures
proposed for the site will in fact be constructed in substantial conformance to images attached to
this Agreement (Exhibits B, C, and D).
D. The parties hereto agree, as conditioned by this Agreement, that The Company
satisfies the criteria for approval of the rezone of the property described herein to R -2A and B-2,
so long as the structures and site depicted herein are built on the subject property under EMC
Chapter 19.06.010, as per Development Standards and other relevant sections of the Code.
E. It is understood by the City that The Company needs to annex two parcels of the
property into the City. The conditions of this Agreement shall only apply at such time as The
Company fully controls Areas A, B and D shown in Exhibit "A." Subsequent annexation and
development of Area C may be carried out at a subsequent date, after annexation is completed,
subject to Area D being developed in accordance with the image (substantial appearance) as
shown in Exhibit "D." Any site and building development not specified by this Agreement shall
be subject to applicable zoning regulations in effect at the time building permits are issued, as
determined by the Planning Director.
PART ONE — PROPERTY USE
1.1 SEPA. The provisions of this Agreement are subject to the City's SEPA
Determination (05-054), which is incorporated herein by reference.
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2gz6 - oG
1.2 Restricted Use. Pursuant to City Council Ordinance No. n , the property zoned
B-2 (community Business) is restricted to the following uses, in addition to those allowed in the
Previous B -2(B) (Office) zone:
Appliance service and sales
Bakery
Carpet sales
Dry cleaner
Furniture sales
Health and fitness
Laundromat
Personal services (tailor, beauty, salon)
Retail — indoor
The B-2 zoned buildings shall appear as depicted in Exhibits B and C. In the event it
becomes necessary to develop the B-2 zoned area without benefit of the use of the property
abutting 96th Street, conditions found herein shall apply for the reduced area until such time as
the properties along 96th Street area brought into the project at which time their development
shall be governed by this Agreement (see Recital E above).
That portion of the site zoned R -2A shall appear and function as depicted in Exhibit "C."
PART TWO — TERMS AND CONDITIONS
2.1 Effective Date — Revisions. This Agreement shall not become effective until it is
fully executed and the entire site (Exhibit "A" and related provision found herein) comes under
control of The Company. The Company shall be entitled to apply for a major revision to this
Agreement under the same rules, regulations and fee provisions governing rezones in affect at
the time of such application, as if this Agreement were null and void and The Company were
starting from anew.
2.2. Any modifications to building design, either during the permitting phase or the
physical project construction phase, shall be grounds to halt the project with a "Stop Work
Order." Any modifications not authorized as provided herein shall be deemed to constitute a
breach of this agreement. Requests for modification to this Development Agreement deemed
major modifications shall be carried out under the same process that led to its formation, i.e.
Planning Commission recommendation followed by a hearing before the City Council to
determine if Council wishes to approve the requested modification. Major modifications
include, but are not limited to, changes to elevation drawings, roof pitch, appearance of exterior
details and implied materials, reduction of environmental protection and storm water abatement
facilities below the minimum required by Code and change to or reduction of other architectural
details not mentioned here but depicted in the attachments. Modifications the City deems
"minor" may be submitted to the Planning Director for consideration and administrative
approval.
2.3. Violation — Enforcement. In the event of any action to enforce this Agreement by
the City, or on account of any default or breach of this Agreement by The Company, shall leave
The Company responsible for the City's costs and attorneys fees. The venue for such action
shall be in Snohomish County Superior Court. Further, construction and use of the Property is
inconsistent with the terms of this Agreement, all entitlements to the B-2 and R -2A zones shall
be forfeited, and any use inconsistent with the B-2 and R -2A zones shall be deemed a violation
of the Zoning Code and be subject to all violation, enforcement and penalty provisions
associated with the violation of the City Zoning Code.
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2.4. Entire Agreement; Amendments. This Agreement sets forth the entire agreement
of the parties. This Agreement shall be construed as a whole. No amendment, change or
modification of any provision of this Agreement shall be valid unless set forth in writing and
signed by both parties.
2.5. Non -waiver; Severability. The failure of either party to insist upon or enforce
strict performance by the other party of any of the provisions of this Agreement or to exercise
any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment
to any extent of such party's right to assert or rely upon any such provisions or rights in that or
any other instance; rather, the same shall be and remain in full force and effect. The invalidity or
unenforceability of any provision of this Agreement shall not affect the other provisions hereof,
and this Agreement shall be construed in all respects as if such invalid or unenforceable
provisions were omitted.
2.6. Recording; Binding on Successors and Assigns. This Agreement shall be
recorded against the Property and shall be binding upon and inure to the benefit of the respective
successors and assigns of the parties.
2.7. Implementation. Each party shall take such action (including, but not limited to
the execution, acknowledgment and delivery of documents) as may reasonably be requested by
the other party for the implementation or continuing performance of this Agreement.
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IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year
first above written.
ATTEST:
- jLt4�c,
City Clerk
Approved as to form:
Elmer "Ned" Johnston, City Attorney
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH )
CITY OF EVERETT
I :/. �,-F-01, :.�l.PI
W,t'anson, Mayor
On this day personally appeared before me Ray Stephanson and Sharon Marks, to
me known to be the Mayor and City Clerk of the City of Everett, the municipality that executed
the within and foregoing instrument, and acknowledged to me the said instrument was the free
and voluntary act and deed of said municipality for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute the said instrument or and on its behalf.
Al
SUBSCRIBED AND SWORN to before me,hyd-E
this J /,,,5 f day of /0 U,S , 2006.
NOTARY PUBLIC in and for the State of Washington, residing at w'ere7f
Commission expires 7-%�Aa MOE
CP'M n/ ni �1
�" NOXY
STATE OF WASHINGTON)
PUSUC
ss. 717-210
COUNTY OF SNOHOMISH) OFWPs�\�
7
Alan Clark, Manager
Eastmont Place, LLC and
Eastmont Village, LLC
On this day personally appeared before me Alan Clark, to me known to be the managing
IC7rh,-AYe 56 Ar q6 rtt loe- Y
owner of the property subject to this agreement loca ed at A in the City
of Everett Washington, and on oath stated that he/she was authorized to execute the said
instrument.
SUBSCRIBED AND SWORN to before me by this
day of'2006.
oc�f,,
NOTARY PUBLIC in and for the State of Washington,
residing at , Commission expires 5--131- 01�'sy �
''IX5.13' R
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH )
Clark development site
The following actions will precede implementation of this Agreement.
Area "A" will be zoned R -2A (Single Family Attached) upon annexation.
Area "B" no change needed (currently R -2A).
Area "C" will be zoned B-2 (Community Business) with conditions upon annexation.
Area "D" will be rezoned from R -2A to B-2 with conditions.
Exhibit A
Combined Site Parcels
Note on Exhibit "A:"
Upon full implementation of this Development Agreement Areas A and B will be zoned R -2A
and used for cottage housing and Areas C and D will zoned B-2 and used for office / retail with
conditions. Area C may be annexed and developed for office / retail use subsequent to the
development of Area D.
Exhibit B
Site Diagram
10
SITE SECTION LOOKING NORTH
Exhibit C
Cottage Housing Elevations (Typical)
with commercial structure location and mass.
11
SECTION AT COVERED PEDESTRIAN PASSAGEWAY SECTION AT RETAQJOFFKE.
WEST ELEVATION
EAST ELEVATION
Exhibit D
Commercial Building
12
N
Zone Action Legal Descriptions
CLARK COMPREHENSIVE PLAN AMENDMENT
Parcel Legal Descriptions by Area
Area A: Saundar Estates Blk 000 D -00 -Lot 1 Exc West 50 feet THOF
together with Saundar Estates Blk 000 D-00 Lot 2.
Area B: East 124 Feet of West 289 feet of North '/2, South '/2, N '/2 of
SW '/4, Ly East of Old Bothell Everett Highway
Area C: Tiemann Addition, Block 000 D-00 — Lot 34 and Lot 35.
Area D: W 135 Feet of North %2, South '/2, N'/2 of SW '/4 Ly, East of Old
Bothell Everett Highway
All in Section 17 Township 28 Range 05, Snohomish County.
EXHIBIT E
Li