HomeMy WebLinkAboutOrdinance 2956-06 ORDINANCE NO. 2956-06 Ate
AN ORDINANCE AMENDING THE ZONING MAP
OF THE CITY OF EVERETT, ON A PROPERTY
LOCATED SOUTH OF 96th PLACE SE
AND EAST OF 19th AVENUE SE,
CONCURRENT TO THE
CLARK-EAST ANNEXATION
WHEREAS, the City of Everett has been provided authority to annex unincorporated
territory under RCW 35.13.125; and
WHEREAS, the City has followed the requisite steps to annex the Clark—East
annexation area (Exhibit"A") including City Council authorization to gather signatures
on and receipt of a 75 percent petition, submittal to and approval of said petition by the
City Council, certification of the petition by the Snohomish County Auditor's office and
approval of the annexation request by the Snohomish County Boundary Review Board;
and
WHEREAS, the City Council finds that on November 7, 2006, the Planning
Commission held a public hearing regarding establishment of the zoning designations for
the herein described land area annexed to the City; and
WHEREAS, after the public hearing on November 7, 2006, the Planning Commission
made the recommendation that the annexation area should be zoned R-2A (Single Family
Attached), with a development agreement;
THE CITY COUNCIL FINDS:
1. Planning Commission did hold a public hearing on November 7, 2006, at which
time the Commission heard from the public and staff regarding the establishment
of a zone district for the annexation area as provided herein.
2. At the November 7, 2006, public hearing, Planning Commission affirmed the
Single Family Attached (1.4) Comprehensive Plan designation for the area.
3. At the November 7, 2006, Planning Commission public hearing the Commission
recommended to City Council that the implementing zone for the Single Family
Attached(1.4) area be R-2A (Single Family Attached), see map Exhibit B.
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: Approval
That the Zoning Map of that portion of the City of Everett shown on the map in Exhibit
B, and described in Exhibit C, is hereby established as provided by Section 4 of
Ordinance No. 1671-89, as amended (Title 19, Everett Municipal Code).
Section 2: Zoning
That the property described in Section 3 is hereby zoned R-2A (Single Family Attached)
subject to the development agreement attached hereto (Exhibit D), which is consistent
with the adopted Everett Comprehensive Plan.
Section 3: Legal Description
See Exhibit C.
Section 4: Zoning Established
That the official zoning map in the Planning and Community Development Department
for the City of Everett shall, upon effective date of this ordinance, be amended as herein
provided, and henceforth said property shall be used in accordance with the zone in
which same is now established, as provided by Ordinance No. 1671-89 as amended (Title
19, E.M.C.).
Section 5: Zoning Map Attached
Attached hereto and incorporated herein by reference as Exhibit B is a map which
identifies the area zoned in Section 2 herein.
Section 5: Notify Snohomish County Government
The City Clerk of the City of Everett is hereby directed to file a duly certified copy of this
ordinance with the Snohomish County Auditor and the Snohomish County Boundary
Review Board.
City of Everett
ZokreipktiAltAiht)
Ray S hanson, MAYOR
ATTEST:
a 1111Mt,UAR
Sitar-ea-Marks, CITY CLERK - is
Passed: 17-11-06
Valid: 12-14-06
Published: 12-19-06
Effective Date: 12-29-06
Attachment A
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Legend:
Clark East
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CD Annexation Area
7.7) Clark Common Owership
Scala:1 inch
Everett City Limits ..,500 fest
August 15.2005
Annexation
Lj Parcel Lines
Site location
Attachment B
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B-2 w/cont em4...119-1411R-2A set herein
El c R-2A AXIL ie®irr! 74m 01
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Zone Districts
Key:
R-1 Single Family
R-2 PRD Single Family - Planned Residential Development
R-2A Single Family Attached
B-2 Community Business
B-2 w/cont Commercial with Development Agreement
(w/cont means "with contract", i.e. development agreement.
Shows Area A where R-2A zoning is established here.
Exhibit C
CLARK EAST ANNEXATION:
PERIMETER LEGAL DESCRIPTION
That portion of the Southwest quarter of the Southwest quarter of Section 17,
Township 28 North, Range 5 East of the Willamette Meridian, described as
follows:
Beginning at the Northeast corner of Lot 2, Plat of Saundar Estates, according
to the plat thereof as recorded in volume 39 of Plats, page 181, records of
Snohomish County, Washington; thence North 86°56'41" West, along the North
line of said Plat of Saundar Estates, a distance of 452.72 feet to the East line of
the West 50.00 feet of Lot 1 of said Plat; thence South 1°03'54" West, along said
East line, a distance of 169.24 feet to the South line of said Plat; thence South
86°56'36" East, along said South line, a distance of 452.72 feet to the Southeast
corner of said Lot 1; thence North 1°03'54" East, along the East line of said Lot 1
and the East line of said Lot 2, a distance of 169.25 feet to the Point of
Beginning. Containing 76,574 square feet, more or less.
Together with Street rights of way adjacent thereto, as attached by law.
05093 Eastmont LLC
VSW Rev 01 9/30/05
umr
Exhibit D -
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this aim day of kcaqJJum+ 2006,by and
between Eastmont Place, LLC and Eastmont Village, LLC,ColmanBuilding, 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 19th 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
and R-2A (see attached zone map, Exhibit"A")with site configuration and building appearances
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
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.
1
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.
2
2924 _426
1.2 Restricted Use. Pursuant to City Council Ordinance No. ^ , 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 96`'' 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.
3
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.
4
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.
5
IN WITNESS WHEREOF,the parties hereto executed this Agreement the day and year
first above written.
ATTEST: CITY OF EVERETT
By • a :AAA ArtAILA�
City Clerk Ray St- i i on,Mayor
Approved as to form:
Elmer"Ned"Johnston, City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH)
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.
6
SUBSCRIBED AND SWORN to before me.lam
this 4-/,5-/ day of ( C 1[� , 2006.
NOTARY PUBLIC in and for the State of Washington,residing at 5 e_reif
Commission expires 7-/7- 2-D (J (-;MIOEN
NOX
STATE OF WASHINGTON ) PUBLIC
ss. 7-172010 (3-
COUNTY OF SNOHOMISH) OF WP ��
7
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_
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
/7rA ave S6 gr g(v 7-4 ! L 5 E
owner of the property subject to this agreement located at A in the City
of Everett Washington, and on oath stated that he/she was authorized to execute the said
instrument.
to before me bythis
SUBSCRIBED AND SWORN
117 day of Aj)u.511- , 2006.
•‘\"\t11111� 1/
• 'alite.,,, 4% �ll/
NOTARY PUBLIC •' and for the State of Washington,
Ilii *Vtl
residing at Sea , Commission expires ‘.5;13-0 6,4,.0,0041„,..
- •` I
' /4 "frWP '
11j 111mw..
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH)
8
Clark development site
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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.
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Exhibit B
Site Diagram
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Exhibit C
Cottage Housing Elevations (Typical)
with commercial structure location and mass.
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Exhibit D
Commercial Building
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Zone Action Legal Descriptions
CLARK COMPREHENSIVE PLAN AMENDMENT
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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 V2, South '/2, N 1/2 of
SW 'A, 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 '/a Ly, East of Old
Bothell Everett Highway
All in Section 17 Township 28 Range 05, Snohomish County.
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