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HomeMy WebLinkAboutOrdinance 1343-87 04 ORDINANCE NO/ 6 d —e 7 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 North of Orowheat at 125 S.W. Everett Mall Way from Suburban Residential (R.S.) to General Commercial (C-1) Contract subject to the conditions of a concomitant agreement. WHEREAS, on January 29, 1987, the City of Everett Hearing Examiner held a public hearing regarding the rezone of the hereinafter described property from Suburban Residential (R.S. ) to General Commercial (C-1 Contract); and WHEREAS, the City Council has determined that said property should be rezoned and zoned General Commercial (C-1 with contract) ; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1 : That the City Council does hereby find that the zoning change hereinafter set forth bears a substantial relationship to the general welfare of the City of Everett and is in conformance with the Comprehensive Plan. Section 2: That the proposed zoning change is subject to the property owner(s) identified in the attached concomitant agreement, as well as their successors, assigns, and tenants, meeting the conditions of the General Commercial (C-1 Contract) zone and the conditions stated in said agreement. Section 3: 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 Suburban Residential (R.S. ) to General Commercial (C-1 Contract), subject to the conditions of the attached concomitant agreement on the following described parcel (See attached map): TRACT "A": That portion of the following described tract lying East of 1st Drive West: Commencing at the Northwest Corner of the Northeast one-quarter (1/4) of the Northwest one-quarter (1/4) of the Northeast one-quarter (1/4) of Section 24, Township 28 North, Range 4 East, W.M. ; thence South 00°05'54" East 135.53 feet; thence North 89°57'22" East 170.00 feet; thence North 00°05'54" West to the North Line of said subdivision; thence Westerly along said North Line to the point of beginning; 1 • TOGETHER WITH the following described tract: Beginning 250.00 feet East of the Northwest Corner of said subdivision; thence South 00°05'54" East to the Northerly Right-of-Way of the Broadway cut-off; thence North 68°45'30" East along said Right-of-Way 171 .00 feet more or less; thence North 00°05'54" West to the North Line of said subdivision; thence South 89°57'22" West along said North Line 150.00 feet to the point of beginning; EXCEPT the South 150.00 feet thereof measured along the East and West Lines of said Tract. TRACT "B": That portion of the following described tract lying West of 1st Drive West: Commencing at the Northwest Corner of the Northeast one-quarter (1/4) of the Northwest one-quarter (1/4) of the Northeast one-quarter (1/4) of Section 14, Township 28 North, Range 4 East, W.M. ; thence South 00°05'54" East 135.53 feet; thence North 89°57'22", East 170.00 feet; thence North 00°15'54" West to the North Line of said subdivision; thence Westerly along said North Line to the point of beginning; TOGETHER WITH the following described tract: Beginning 250.00 feet East of the Northwest Corner of said subdivision; thence South 00°05'54" East to the Northerly Right-of-Way of the Broadway cut-off; thence North 68°45'30" East along said Right-of-Way 171 .00 feet, more or less; thence North 00°05'54" West to the North Line of said subdivision; thence South 89°57'22" West along said North Line for 150.00 feet to the point of beginning; EXCEPT the South 150.00 feet thereof as measured along the East and West Lines of said Tract. Section 4: 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. -2- sO Section 5: The above rezone is conditioned on the terms of the attached concomitant agreement which is attached hereto and incorporated herein by reference. Accordingly, the property owner(s) identified in said agreement must properly execute the agreement and submit it to the City within thirty (30) days of the date of passage of this Ordinance. In the event that said agreement is not executed within said thirty days, the zoning reclassification authorized herein shall be null and void and the subject property will revert to the following zoning designation: Suburban Residential (R.S) . 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. CITY OF EVERETT �, ---6z WILLIAM E. MOORE, Mayor A�T: 9?c7-er7 c.,A,e, . CITY CLERK Passed:-ate F7 Valid: c5—dlo-87 Published: ��/ a 2117G -3- . 4 + r REZONE #4-86 CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1343-87 This agreement is made and entered this ced day of , 1987, by Berle L. Brenner, said party being 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, BERLE L. BRENNER, Owner of two parcels of land approximately 1 acre in size, north of Orowheat at 125 S.W. Everett Mall Way, Everett, Snohomish County, WASHINGTON, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, such zoning and development is adjacent to 100th St. and Everett Mall Way will provide additional commercial property in the City; and WHEREAS, the public health, safety, and welfare would be best served to anticipating the impact of such development and imposing certain mutual 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; and WHEREAS, the owner has agreed to develop the aforementioned property per this contract which is incorporated herein in consideration of the City I considering designating this property C-1 and the Owner further agree as part of this said consideration the City zone the property C-1 to lay out and maintain the property as hereinafter set forth: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PERMITTED USES The uses, as set forth in the Everett Municipal Code Title 19 as amended for C-1 General Commercial zoned properties, shall be permitted. • • If • 2. DEDICATION OF RIGHT-OF-WAY Applicant shall dedicate right-of-way from parcel #1-005 which lies west of 1st Place West (north of the Orowheat building). This right-of-way shall be used to provide adequate right-of-way for the improvement of 100th Street. Should 100th Street not be developed, the Applicant shall dedicate the necessary right-of-way for any alternative improvements of 100th Street or 1st Place West. 3. L.I.D. A Local Improvement Covenant shall be required to be signed by the property owners. The signing of this covenant prohibits the Applicant or subsequent owners from protesting the formation of a L.I.D. but does not waive the right to contest assessments of the L.I.D. if an L.I.D. is adopted. 4. ACCESS Access to parcel #1-005 lying east of 1st Place West shall be allowed at the southern end of the subject property. 5. SITE PLAN REVIEW A site plan review process will be required for development of both parcels of the rezone. No City permits will be issued until this review has been completed and approved by the City. The following minimum requirements shall be met: a. Process shall be as established under City's site plan review process per application instructions and application packet for site plan review. b. All State Environmental Policy Act requirements must be met; this will require submitting a Checklist pursuant to the State Environmental Policy Act for the specific project. c. All Zoning Code requirements as defined Everett Municipal Code Title 19 as amended shall be met. d. Access, circulation, and parking shall be approved by the City prior to any construction. e. Landscaping shall be in accordance with Everett Municipal Code Title 19 and Standard and Specifications Manual as amended. The landscaping plan shall be submitted by the Applicant and approved by the City Planning Department. f. A signing and lighting plan shall be submitted to the City Planning Department for approval. 6. LEGAL REQUIREMENTS The Owners, and their successors, tenants and assigns, shall comply with all City, State, and Federal laws and regulations applicable to the development, sale and maintenance of the subject property, and nothing herein shall e construed as superseding said laws and regulations -2- I I 7• RECORDING i I , This Agreement shall be filed in the records of the Snohomish County II 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 owners, their successors, tenants and assigns. 8. ENFORCEMENT j a. Any violation of this Agreement by the Owners, their successors tenants or assigns, shall be considered a violation of the 11 Zoning Code of the City of Everett and shall be subject to all applicable penalties. Provided, that no personal liability shall accrue against any party hereto, except for a violation specifically affecting property owned by such party. The personal liability of any party shall terminate upon the sale of its equitable interst in the property to another party. 1 b. Any building or structure set up, erected, built, moved or maintained, or any use of property contrary to the provisions of this Agreement, shall be and the same is hereby declared to 1 be a public nuisance. 1 c. The City is hereby authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for j cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm/or corporation from 11 violating any of the provisions of this Agreement, and i 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 �I relief it deems appropriate. I I 9. CONSTRUCTION OF AGREEMENT This Agreement is concomitant with the action of the City of Everett 11 zoning the property to the C-1 classification. Nothing here shall be construed as being agreed to in consideration for said zoning, nor does the City relinquish its legislative power with respect to said I, zoning in consideration for this Agreement. li 10. NON-WAIVER li The waiver by any Owner or the City of the breach of a provision of this Agreement by the other party will not operate or be construed as H a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. i j! 11 . EFFECTIVE DATE 1 This Agreement shall become effective only upon the occurrence of all the following: I 1) The zoning ordinance affecting the subject property becoming effective; 2) The property owner(s) identified herein have executed this Agreement and submitted it to the City within thirty days of 'i the date of passage of the subject zoning ordinance affecting the subject property; and 3) The City has executed this Agreement. 11 H i -3- it • In witness thereof, the owner has caused these present to be executed in his name and the City of Everett has caused the same to duly executed by its Mayor, the date and year first above written. OWNER att BERLE L. BRENNER WILLIAM E. MOORE, MAYOR CITY OF EVERETT ATTEST: 441111Elaine Moschilli City Clerk 3874F -4- TRACT "A": That portion of the following described tract lying East of 1st Drive West: Commencing at the Northwest Corner of the Northeast one-quarter (U) of the Northwest one-quarter (U) of the Northeast. one-quarter (U) of Section 24, Township 28 North, Range 4 East, W.M.; thence South 00°05'54" East 135.53.feet; thence North 89°57'22" East 170.00 feet; thence North 00°05'54" West to the North Line of said subdivision; thence Westerly along said North Line to the point of beginning; TOGETHER WITH the following described tract: Beginning 250.00 feet East of the Northwest Corner of said subdivision; thence South 00°05'54" East to the Northerly Right-of-Way of the Broadway cut-off; thence North 68°45'30" East along said Right-of-Way 171.00 feet, more or less; thence North 00°05'54" West to the North Line of said sub- division; thence South 89°57'22" West along said North Line 150.00 feet to the point of beginning; EXCEPT the South 150.00 feet thereof measured along the East and West Lines of said Tract. TRACT "B": That portion of the following described tract lying West of 1st Drive West: Commencing at the Northwest Corner of the Northeast one-quarter (U) of the Northwest one-quarter (1) of the Northeast one-quarter (U) of Section 24, Township 28 North, Range 4 East, W.M.; thence South 00°05'54" East 135.53 feet; thence North 89°57'22; East 170.00 feet; thence North 00°05'54" West to the North Line of said subdivision; thence Westerly along said North Line to the point of beginning; TOGETHER WITH the following described tract: Beginning 250.00 feet East of the Northwest Corner of said subdivision: thence South 00°05'54" East to the Northerly Right-of-Way of the Broadway cut-off; thence North 68°45'30" East along said Right-of-Way 171.00 feet, more or less; thence North 00°05'54" West to the North Line of said sub- division; thence South 89°57'22" West along said North Line for 150.00 feet to the point of beginning; EXCEPT the South 150.00 feet thereof as measured along the East and West Lines of said Tract.