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HomeMy WebLinkAboutOrdinance 1513-88 ORDINANCE NO. /,_11/,,, 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 3.54 acres located northwest of the future intersection of 100th St. S.W. and 1st Avenue S.E. , from R-1 Single Family Low Density Residence Zone to R-3(A) Residential Site Plan Review Zone with a Concomitant Agreement. WHEREAS, on September 2, 1987 the City of Everett received an application for a rezone of an area generally described as the northwest corner of the intersection of 100th Street S.W. and 1st Avenue S.E. from R-1 Single Family Low Density Residence Zone to R-3(A) Multiple-Family Residential Site-Plan Review Zone with a concomitant agreement; and WHEREAS, on December 8, 1987 the City of Everett Planning Commission held a public hearing on the proposed rezone; and WHEREAS, based upon the findings contained in the Planning Commission Report to City Council dated December 8, 1987, the Planning Commission did recommend approval of the rezone; and WHEREAS, the proposed zoning is consistent with the Comprehensive General Plan Amendment, Resolution No. 2764, approved by City Council on October 8, 1986. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: The City Council does hereby find that the zoning change hereinafter set forth for the property legally described and generally shown on the map in Exhibit 1, attached hereto and incorporated herein by reference, bears a substantial relationship to the general welfare of the City of Everett and is in conformance with the Comprehensive General Plan as amended. Section 2: The property described in Exhibit 1 is hereby subject to the conditions of the R-3(A) Multiple-Family Residential Site-Plan Review Zone and the conditions stated in the concomitant agreement, which agreement is attached hereto as Exhibit 2 and incorporated herein by reference. Section 3: This ordinance shall not become effective unless all of the owners of record of the subject property have signed the attached concomitant agreement within thirty (30) days of the validation date of this ordinance, provided, however, that single thirty (30) day extension may be permitted if a written request is received and approved by the Planning Director prior to the expiration of the initial thirty (30) day period. Otherwise this Ordinance shall not become effective and the rezone shall be null and void and the zoning shall remain R-1 Single Family Low Density Residence Zone. Section 4: The Zoning Map of the City of Everett, as established by Ordinance No. 3572 as amended (Title 19, Everett Municipal Code) , and the official map in the Planning Department of the City of Everett are hereby amended from R-1 Single Family Low Density Residence Zone to R-3(A) Multiple-Family Residential Site-Plan Review Zone, subject to the conditions of the attached concomitant agreement (Exhibit 2) on the property described in Exhibit 1 (See attached Legal Description and Map) . Section 5: 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 of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. -2- Section 6: After said concomitant agreement is signed in accordance with Seciton 3 of this Ordinance, 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. CITY OF EVERETT WILLIAM E. MOORE, Mayor ATTEST: CITY CLERK -4ZpOlAct Passed: g/,67/(' Valid: C)//�/�4 Published: g/!Jlici 3281G -3- EXHIBIT 1 LEGAL DESCRIPTION AND MAP Lots 16 , 17, 18, 19, and 20 of Block 7, Plat of Intercity Addition, Division No. 1 , Everett, WA. X 01 �Q- Off 3 _ E. /N / \ 5 09 , 4 �i ',( IC 1/ 5 B c/ O� ? OZ/ -q�, 6 `r! 2.)._ r .i.- /0 02 co. .. �./ 01 p o 7 °103 y /5 03 9(�� f�3 '� 07 /52. /c 4• - \�,. 01/ 441‘24* / I�� i02/ /04 //03 04- / 01 ///IF03 k o, 2 / 2 _4 /lip° 5till.'� \ ' /01 6 000;00 1728 OO 'Q1j� /2 01a 8 0I CI v I X oO/ / 03 c •/0 2/ 01 3 W Cl 4 01 // <1 ME o l 3'✓ / 20 9 00 JOHNSON REZONE 6 —/�- 02 SITE I I /3 , 02 /6 v, /7 /8 L--7 /9 (� \ /4 /0 // /2 /3 /4 I /5 1 /5 IOOth ST S.W– 1 . , I- � � INTERCITY ADD. DIV. NO. 1 /4 Sec. Co. (4802) EXHIBIT 2 CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO.f,) JOHNSON REZONE THIS AGREEMENT is made and entered this 23 day of August 1988, by Richard A. Johnson, Carolyn L. Johnson, Bert Cronin, Jr. , Leanne E. Johnson, Terry A. Douglas, Steve Douglas, and Heidi J. Johnson, said parties being hereinafter referred to as "Owners", and the City of Everett, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City"; WITNESSETH: WHEREAS, Richard A. Johnson, Carolyn L. Johnson, Bert Cronin, Jr. , Leanne E. Johnson, Terry A. Douglas, Steve Douglas, and Heidi J. Johnson, are owners of tracts of real property approximately three and fifty four one hundredths (3.54) acres in size located generally in the northwest corner of the future intersection of 100th Street S.W. and 1st Avenue S.E. , the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, such multiple family zoning and development will allow uses which are more consistant with the adopted Comprehensive General Plan, approved in July 1987, and such development can occur in a manner which is compatible with the established residential neighborhood to the north, and the commercial and multiple family residential neighborhoods to the south, east, and west ; and WHEREAS, the public health, safety, and welfare would be best served by anticipating the impact of such development and imposing certain mutually agreed upon standards, conditions and requirements which shall be documented herein and hereafter considered to be an integral part of the zoning restrictions applicable to the property; NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. This signed Concomitant Agreement from all property owners must be submitted to the City of Everett Planning Department within thirty (30) days of the effective date of the rezone, unless a written request for a thirty (30) day extension is received and approved by the Planning Director prior to the expiration of the first thirty (30) day period, otherwise, the rezone ordinance shall become null and void. 2. The rezone shall not become final and permits for uses not allowed under the R-1 Zone shall not be granted until such time as this agreement is signed by all owners of the subject parcels and all applicable conditions of the agreement are fulfilled and/or warranted, as appropriate, to the satisfaction of the Public Works Department. Certain conditions of the concomitant agreement, upon the approval of the City, may be deferred until building permit applications are approved. 3. All applications for Building Permits for substantial development as determined by the City of Everett Building Official or Planning Director shall be subject to a detailed administrative site plan review process. 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 and Planning Department approval of these drawings is required prior to any permits being issued. All required improvements shall be completed, approved and warranted or bonded before the Occupancy Permit is issued. 4. All uses permitted in the R-3(A) Multiple Family Site Plan Review Zone in effect at the time of the application for a Building Permit shall be permitted on the subject parcels subject to the regulations and standards in the said zone. 5. Five (5) feet of right-of-way on 1st Avenue S.E. along the entire frontage of the subject parcels shall be dedicated to the City of Everett by Statutory Warranty Deed, free and clear of all liens, encumbrances, restrictions, and reservations prior to recording the rezone ordinance and concomitant agreement with the Snohomish County Auditor for the property described in Exhibit A. 6. Access from the rezone area through the single family neighborhood to the north shall be prohibited. Improvements to 1st Avenue S.E. shall provide for turnaround facilities. 7. Development of each parcel shall be carried out in a manner that is coordinated with the development or potential development of the other parcels within the rezone area. A conceptual master site plan for the entire rezone area shall be signed and submitted by the owners of all of the parcels prior to issuance of building permits on the first parcel to develop. The conceptual master site plan shall function as a guide for the development of all of the parcels. 8. Access to the entire rezone area shall be consolidated to locations approved by the Public Works Department. Access shall be shown on the master site plan. -2- 9. Development of the site may require an agreement providing for non-exclusive use of the parking if the parking is provided in a coordinated manner. If the City requires such an agreement, the owners agree to execute it. 10. Recreation areas and facilities for the entire area described in Exhibit A shall be coordinated and shown on the master site plan approved by the Planning Department. 11. Any development on this site shall be in compliance with all applicable City ordinances, standards and policies 12. Federal, State, and Local Regulations: Development and all activities on this property shall be in compliance with all applicable federal, state, and local regulations. 13. 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 herein which are intended and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the land and binding upon the owners, their successors, tenants, and assigns. 14. Enforcement A. Any violation of this Agreement by the owner, his successors, tenants or assigns, shall be considered a violation of the Zoning Code of the City of Everett and shall be subject to all applicable penalties. B. 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. C. 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 violating any of the provisions of this Agreement, and compelling compliance with the provisions thereof. D. The penalty and enforcement provisions provided herein shall not be exclusive and the city may pursue any action, remedy or relief it deems appropriate. 15. Construction of Agreement This Agreement is concomitant with the action of the City of Everett zoning the property to the R-3(A) Classification. Nothing herein shall be construed as being agreed to be in consideration for said rezone, nor does the City reliquish its legislative power with respect to said rezone in consideration for this Agreement. 16. Non-Waiver The waiver by any 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. -3- 17. 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 owners identified herein have executed this Agreement and submitted it to the City in accordance with Section 3 of the ordinance affecting the subject property; and 3) The City has executed this Agreement. IN WITNESS WHEREOF, the Owner has caused these presents to be executed 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. 46Lec5,7 Richard A. Joht{4n STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that RICHARD A. JOHNSON signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated 6 _ i e -�i4 Signature of c f��� ^ Notary Public C UA D6 kik Title nOA( My Commission expires �' t -C11 �044 I . )�/�.AJ Carolyn . John STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that CAROLYN L . JOHNSON signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated g - /q- S Signature of ;� Notary Public iCM c of -1 / 1---' 6-‘'°---Q-1/ Title n --\,cl` ( U My Commission expires c- \ g 'Cl -4- gait.igu4_ Bert Cronin, Jr. STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that BERT CRONIN, JR. signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated _g Signature of Notary Public Title D My Commission expires H I 9a42 Leanne E. Johnson STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that LEANNE E. JOHNSON signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated Signature of Notary Public C A. `1 Title '(1(� My Commission expires S " I. cl -5- ridi . • ithirr) eidi J. J•Ion STATE OF WAS NGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that HEIDI J. JOHNSON signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated Signature of / C (� Notary Public 1� ^'L. Title Yl oA0 My Commission expires a �c-I1 De-vJa.6, Terry A 7 Douglas STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that TERRY A. DOUGLAS signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated g - /q455 Signature of Notary Public ( ` Title (5-3\--61J\A- My Commission expires ) 7S - 1 - q I -6- Al4A: 4' Steve Douglas / STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that v DOUGLAS signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated O -/-2, -2 Signature of (/ Notary Public Title n UA-ev,J My Commission expires Cl -7- " CITY OF EVERETT WILLIAM E. MOORE, Mayor ATTEST: i, ♦ , CITY CLERK STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that WILLIAM E. MOORE 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 Signature of Notary Public ," ,� Title a My appointment expires APPROVED AS TO FORM ZIOI CITY ATTOR Y 3280G -8- ..Y EXHIBIT A LEGAL DESCRIPTION Lots 16 , 17 , 18, 19, and 20 of Block 7 , Plat of Intercity Addition, Division No. 1 , Everett, WA.