HomeMy WebLinkAboutOrdinance 1639-89 •
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ORDINANCE NO. /65?-4
AN ORDINANCE amending the Zoning Map of the City of Everett as
provided by Ordinance No. 3572 as amended (Title 19, Everett
Municipal code) rezoning the area generally described as
Lots 4, 5, 6, 7, 8, 9, 10, 11, and 12
Blk. 396 D-00 St. Nicholas Addition
from R-2 Single Family High Density Residential to
R-2 PRD Single Family Planned Residential Development,
subject to the conditions of a concomitant agreement.
WHEREAS, on July 27, 1989, the City of Everett Hearing Examiner held
a public hearing regarding the rezone of the hereinafter described property
from R-2, Single Family High Density Residential to R-2 PRD and;
WHEREAS, the City Council has determined that said property should be
rezoned and zoned R-2 PRD; and;
^- WHEREAS, the proposed zoning is consistent with the Comprehensive
General Plan and is in the best interests of the health, safety,and general
welfare of the citizens of Everett;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: That the City Council does hereby find that the zoning change
hereinafter set forth for the property legally described in
Exhibit A and generally shown on the map in Exhibit B, which
are attached hereto and incorporated herein by reference, bears
a substantial relationship to the health, safety, and general
welfare of the City of Everett and is in conformance with the
Comprehensive Plan.
Section 2: That the proposed zoning change is adopted subject to the
conditions of the R-2 PRD zone and the conditions stated in the
concomitant agreement, which is attached hereto as Exhibit C
and incorporated herein by reference. Said agreement shall be
signed by all parties of record of the subject property and
shall be binding upon them, their heirs, successors, assigns
and tenants.
Section 3: That this Ordinance shall become effective thirty (30) days
after it becomes valid if the owners of record of the subject
property execute and submit the attached concomitant agreement
to the City's Planning Director. Failure to properly execute
and submit the attached concomitant agreement to the City's
Planning Director within the thirty (30) day period will result
in this ordinance becoming null and void and the zoning for the
property described in Exhibit A will remain R-2, Single Family
High Density Residential.
Section 4: That the Zoning Map of the City of Everett, as established by
Ordinance No. 3572 as amended (Title 19, Everett Municipal
Code), is hereby amended from R-2 Single Family High Density to
R-2 PRD Single Family Planned Residential, subject to the
conditions of the attached concomitant agreement on the
property described in Exhibit A.
Section 5: That the official map in the Planning Department of the City of
Everett shall be amended as hereinabove provided, and said
property shall be used in accordance with the zone in which the
same is now established, as provided by Ordinance No. 3572 as
amended (Title 19, Everett Municipal Code) and in accordance
with the requirements stated in the attached concomitant
agreement.
. .
Section 6: That if any section, subsection, sentence, clause, phrase or
any portion of this ordinance or the attached concomitant
agreement is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance or attached
agreement. The City Council of the City of Everett hereby
declares that it would have adopted this ordinance and the
attached agreement 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 7: The City Clerk is hereby instructed to file the duly certified
copy of this ordinance and the attached concomitant agreement
with the Auditor of Snohomish County, Washington, at such time
the ordinance becomes effective.
CITY OF EVERETT
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ATTEST:
4011111111
00I CI CL RE, ',PAPP-
Passed:
lPAPPPassed: /e?"ary�
Valid: At5;413/09
Published: 4,Ct/i/d9
498d
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CONCOMITANT AGREEMENT TO REZONE
ORDINANCE NO. /659- P?
This Agreement is made and entered the /45r day of , 190,
!�U
byABill Saunders Investment, hereinafter referred to as OWNER, and the City
of Everett, a municipal corporation under the laws of the State of
Washington, hereinafter referred to as the City.
WITNESSETH:
WHEREAS, Bill Saunders is the owner of the property described as
approximately 1 acre in size, located at 19th and Chestnut Street, Everett,
Snohomish County, Washington, the legal description of which is attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, a public hearing was held before the Hearing Examiner on
July 27, 1989, and
WHEREAS, the Hearing Examiner made a recommendation on August 15,
1989, to City Council to grant approval subject to a number of conditions;
and
WHEREAS, the Everett City Council held a public hearing
on 11t5e /8 , 1989 and approved the Hearing Examiner's recommendation
as stated in the Hearing Examiner report dated August 15, 1989; and
WHEREAS, the Owner has agreed to develop the aforementioned property
in accordance with the requirements of this Agreement in consideration of
the City considering designating the property R-2 Planned Residential
Development (R-2,PRD) and the Owner further agrees as part of said
consideration that should the City zone the property R-2 Planned Residential
Development (R-2, PRD) to lay out, develop, and maintain the property as
hereinafter set forth;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. The subject property shall be developed, and maintained in accordance
with the R-2, Planned Residential Development zone standards and in
accordance with the provisions of the Agreement.
II. The development of the property described in Exhibit A shall be
subject to the following conditions:
A. A short subdivision application is required to be submitted and
receive final approval before any building permits are issued.
The lots within this short subdivision must be consistent with
the approved site plan and my be no less than 6,500 square feet.
B. All building permits issued for construction of the proposed
units must comply with the final site plan on file with the
City of Everett Planning Department. Minor changes may be
authorized by the Director of Planning/Community Development
per Section 19.52.250 of the City of Everett Zoning Code.
C. Any grading/fill on this site shall be done so as to not impact
the surrounding properties. Any retaining wall greater than
three feet high along a property line must be reviewed and
approved by the Planning Department.
D. Screening of all outdoor refuse disposal areas must be provided
so that they are not visible from public rights-of-way. The
disposal areas must be shown on the site plan submitted for
building permits.
E. The Applicant is required to submit a final landscaping plan
with building permits for review and approval by the Planning
Department. The plan must address the following:
1) Cross-section of the typical landscaping as it relates to
the perimeter of the proposed project.
2) Typical cross-section and detail of each lot showing
front, rear, and side yard plantings, as well as
landscaping to break up parking areas and to provide a
pleasing front yard area and street scape.
3) A detailed final plan for the entire site showing
location of all material to be used and specific plant
type and size.
F. Detailed building plans shall be reviewed by the Planning
Department for their consistency with the approved site plan
and the schematic elevations that are on file with the City of
Everett Planning Department.
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G. The Applicant may be required to provide a minimum of 20
parking stalls in the locations shown on the approved site
plan. If at the time of issuance of the permits the Applicant
can demonstrate to the Everett Planning Department that only 15
parking stalls are necessary, that number of stalls may be
allowed. However, if the City determines 20 parking spaces are
required, the Applicant shall provide same prior to the
issuance of any Occupancy Permit. Covered parking may be
allowed at this location if approved by the Planning and Public
Works Departments.
H. The Applicant is required to meet all Building Code
requirements for common wall attached units on individual lots.
I. Part of the Storm Drainage Study shall address what impact, if
any, the half-street improvements of Chestnut Street will have
on the east side of said street. 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.
J. Full standard half street improvements are required to Chestnut
Street including but not limited to curb, gutter, sidewalk,
pavement, and drainage control. The street width is 18 feet
from centerline to the face of curb plus 11 feet of pavement on
the west side of centerline with 4 foot gravel shoulder.
K. Special charges for connection to the sewer and water systems
in accordance with Ordinance 1171-85 are applicable. The
actuarial cost shall be computed by the Building Department per
the Ordinance in effect at the time and according to the
information provided on the approved plans on the date of
permit issuance.
L. On-site detention is required due to the overloaded sewer main I
downstream of this site.
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M. Full standard alley improvements are required to the alley from
19th Street to 20th Street.
N. The sewer main in the alley is overloaded. A backwater valve
must be installed on all new sewer main connections.
0. Parking must be installed per City Design and Construction
Standards.
P. Any grading/fill on this site shall be done so as to not impact
the surrounding properties.
Q. A fire hydrant is required within 200 driving feet of every
structure.
R. The Applicant shall provide a one-year guarantee for the
landscaping of the site. The guarantee shall be for an amount
not less than 10% of the cost of landscaping and shall run from
one year from the date of the issuance of the first Occupancy
Permit for the Project.
III. Recording
This 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 be deemed to be covenants running with the land
and binding upon the owner, their successors, tenants and assigns.
IV. Enforcement
A. Any violation of this Agreement by the owner, his successors,
tenants or assigns, shall be considered as a violation of the
Zoning Code of the City of Everett and shall be subject to all
applicable penalties.
B. Any violation of the Agreement or enforcement pursuant to this
Agreement is subject to the cease and desist order enforcement
procedure as adopted by the City of Everett.
C. Any building or structure set up, erected, built, moved, or
maintained, or any use of the property contrary to the
provisions of this Agreement, shall be and the same is hereby
declared to be a public nuisance.
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D. The City is hereby authorized to apply to any court of
competent jurisdiction for and such court, upon hearing and for
cause shown, may grant a preliminary, temporary or permanent
injunction restraining any person, firm, and/or corporation
from violation any of the provisions of this Agreement, and
compelling compliance with the provisions thereof.
E. The penalty and enforcement provision provided herein shall not
be exclusive and the City may pursue any action, remedy, or
relief it deems appropriate.
V. Change of Ownership
In the event there is a change in ownership in the property subject
to this Agreement, it is the responsibility of the new owner(s) to
notify the City's Planning Department in writing within ten (10) days
of the effective date of the change.
VI. Legislative Power - Legal Requirement
Nothing herein shall be construed as being agreed to in consideration
for said rezone, nor does the City relinquish its legislative power
with respect to said rezone in consideration for this Agreement.
Further, the Owner, his successors, tenants and assigns shall comply
with all City, State, and Federal laws and regulations applicable to
the development and maintenance of the subject property, and nothing
herein shall be construed as superseding said laws and regulations.
VII. Concomitant
This Agreement is concomitant with Exhibit "A," the ordinance zoning
the herein described property to R-2 Planned Residential Development
(R-2, PRD).
VIII. Non-Waiver
The waiver by the Owner or the City of the breach of any provision of
this Agreement by the other party will not operate or be construed as
a waiver of any subsequent breach by either party or prevent either
party from thereafter enforcing any such provision.
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IX. Effective Date
A. This Agreement shall become effective only upon the occurrence
of all of the following:
1) The zoning ordinance affecting the subject property
becoming effective;
2) The property owner identified herein has executed this
Agreement and submitted it to the City within thirty days
of the date the subject zoning ordinance becomes valid;
and
3) The City has executed this Agreement.
IN WITNESS WHEREOF, the Owner has executed this Agreement in his name
and the City of Everett has caused the same to be duly executed by its
Mayor, the date and year first above written.
OWNER
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BILL
SAUNDERS
STATE OF WASHINGTON)
) ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence thatr'BILL'' '
SAUNDERS signed this instrument and acknowledged it to be his free and
, y act for the uses and purposes therein mentioned in the instrument.
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CITY OF EVERETT
mal ,,��� /2/ y9i
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Pete Kinch, Mayor
STATE OF WASHINGTON)
) ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Pete Kinch
and ELAINE MOSCHILLI signed this instrument, on oath stated that they
were authorized to execute the instrument and acknowledged it as the Mayor
and City Clerk of the City of Everett to be the free and voluntary act of
said parties for the uses and purposes therein mentioned in the instrument.
Dated �}e_�i <.� � / /c9
Signature of
Notary Publ /
Title cz�z._.vim . r„z..>IA
My Commission expires , .
ATTEST:
CA9.07
CI CLERK
APPROVED AS TO FORM:
•
CITY ATTORNE
500d
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