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HomeMy WebLinkAboutOrdinance 1277-86 • • ORDINANCE NO.4p,9 7]J1, 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 west of Merchant Way and Meadow Way, north of 94th Street S.E. , south of El Capitan Way and east of I-5, from B-1 Neighborhood Shopping Zone to B-2 Community Shopping Zone subject to the concomitant agreement. Wibbleman/Everett Auto Rebuild WHEREAS, on April 18 and April 22, 1986, the City of Everett Planning Commission held public hearings regarding the rezone of the hereinafter described property from B-1, Neighborhood Shopping zone to B-2 Community Shopping zone with Concomitant Agreement. 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 B-2 Community Shopping 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 B-1 Neighborhood Shopping zone to B-2 Community Shopping zone, subject to the conditions of the attached concomitant agreement on the following described parcel (See attached map): SEC 17 TWP 28 RGE 05 BEG MON AT NXN C/L EL CAPITAN WAY & MERCHANT WAY TH S0O*11 OOE 30FT TH S 89*49 00W PLT C/L EL CAPITAN WAY 30FT TPB TH CONT S89*49 00W PLT C/L EL CAPITAN WAY 175FT TH S00*11 OOE PLT WLY MGN SD MERCHANT WAY 103FT TH N89*49 OOE 175FT TH N00*00 11W 103FT TO S IN EL CAPITAN WAY AUD FILE = 1435413 TPB EXC A PTN OF SW1/4 NW1/4 DAF BEG AT MON AT INT C/L OF EL CAPITAN WAY & MERCHANT WAY TH SO*11 OOE ALG SD C/L MERCHANT WAY 133FT TH S89*49 00W PL TO C/L EL CAPITAN WAY 30FT TO W MGN MERCHANT WAY TPB TH CONT S89*49 O0W 175FT TH NO*11 00W 0.92FT TO WLY EXTENSION OF N LN OF CONCRETE BLK BLDG LY W OF MERCHANT WAY TH N89*39 02E ALG SD N LN OF BLDG & ITS ELY & WLY EXTENSIONS 175FT TO W MGN MERCHANT WAY TH S00*11 OOE 1 .43FT TPB • 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. 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: B-1 , Neighborhood Shopping zone. 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 WILLIAM E. MOORE, Mayor AT CITY CLERK Passed: S7 -6 - S; Valid: F -G -- F-6 Published: g - /g-7.4 2687F 55 .. \ 33 74 t -- 54 —-- .d • 56 \ W 73 Z e I 57 .x+ i 1 1 02:- - ; 59 i 60 ' 6/ 1 62 --�-6f— 65 58 1 � Of •f s L SUBJECT �. EL CAPITAN WAY PROPERTY 2-013 1 1 �- �, 2 0i 2 1 2 017 I Q 2 /8 iI B-1 TO B- ' I 3 ---= I l_._ 3 /; / i 4 I / 2-O/4 z Q 5 1\ U \W 6 i 2015 —� I 1 I I 8 1 9 /0 __ ___; I I 86 9/ i i p 93 94 9: I Q[ 84 I (�/ i 1 / 83 82 8/ 80 79 78 77 1 �'� I I/F: ' 1 I , 1 BEDAL LI \' 60 6/ -62 63 64 65 66 67 I1 1 ,f)tA / ,o ! r, 59 1 58 57 56 55 54 1 53 52 LJ ii/ �1 025 ' BURLEY 1 1 l 1 I l / /5 /4 /3 /2 // I , >I 3 019 I 3-058 13-az1 13-020 i Qi 2 ' i£ASTIMDNT - �— /6 /7 /8 1 /9 Z "7-080 I 3 H T 3-063 - - –13-018 4 94th PL. 3 04, e , = 5 > 25 ,24- 23 22 ` 6 o DIV 1 Na 1-4 (432 I II26 1 27 28 29 . CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. /, 77- 4; EASTMONT AUTO REBUILD THIS AGREEMENT is made and entered this 4 ' day of ,i:) ‹..1 * 1986, by Eastmont Associates, 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, DENNIS WIBBLEMAN and PATRICIA WIBBLEMAN of EASTMONT AUTO REBUILD are owners of a tract of real property approximately .35 acres in size located East of I-5, west of Merchant Way and Meadow Way, between El Capitan Way and 94th Street S.E. , Everett, Snohomish County, Washington, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, such zoning and development will allow a wider range of commercial uses serving the neighborhood and City as a whole; 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. Permitted Use All B-2 Community Shopping zone uses shall be permitted subject to the detailed administrative site plan review and the conditions of this Agreement with the exception of the following uses which are prohibited within this contract area: a. Taverns, bars, cabarets, cocktail lounges, and nightclubs which are not incorporated into a restaurant, cafe, grill, hotel, or motel. b. Billiard halls and pool halls. c. Adult use businesses. -1- 1 • • 2. The rezone shall not be recorded for the subject property, or permits and business licenses issued for uses not allowed under the R-S or B-1 zones shall not be granted until such time as the concomitant agreement is signed by the owners of the subject property and all applicable conditions of the concomitant agreement are fulfilled and/or warranted, as appropriate, to the satisfaction of the Public Works Department and the Planning Department. Certain conditions may be deferred until building permit applications are approved. Specific conditions and the timing of their implementation will be identified in this agreement. 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. Access a. Future development of the subject property may require improvements to El Capitan Way and Merchant Way. Improvements will include, but are not limited to, curb, gutter, sidewalk, street widening and drainage control. b. The owner is required to sign a Local Improvement District Covenant for street frontages not being improved prior to recording of the subject rezone. c. Access to Merchant Way shall be eliminated until such time as access to those streets is warranted and improvements on those streets are constructed to City standards. 5. Storm Water Drainage A detention system shall be provided which is designed to serve the entire rezone area. The maximum outflow rate of the detention facility shall not exceed the capacity of the existing 12 inch storm drain. The detention facility shall be sized to detain the runoff from a 25-year storm for the entire tributary area of the detention pond, under existing land use conditions, per City standards. The existing detention pond shall be retained and modified to incorporate' approximately elevation 416 or the equivalent storm water capacity as determined by the Public Works Department. -2- Costs of improvements to the storm drainage system shall be borne by the property owners in the rezone area benefitting from the storm drainage improvements. Proportionate improvements to the storm drainage system shall be constructed prior to recording the rezone on each affected property. Easements for the storm drainage system shall be executed prior to recording the rezone on the subject property. Drainage facilities for any property not served by the existing pond shall be required as a condition of building permit approval per City Standards. 6. Noise All existing and proposed development shall comply with the City of Everett Noise Control Ordinance, Everett Municipal Code (E.M.C.) 20.08. 7. Utilities a. All existing and future developments shall connect to the sanitary sewer system at such time as it becomes available. Extension of the sewer to serve the subject property will be required at the time of review of a development or redevelopment proposal, unless the sewer has not been extended north of 94th Street S.E. and the Snohomish County Health District certifies the adequacy of the existing septic system to serve the new or expanded use. The owner may be required to participate in the cost of oversizing the sewer line from 94th Street S.E. and/or participation in other sewer system improvements through a latecomer's agreement or some other financial instrument. b. Special charges for connection to the sewer system in accordance with Ordinance 984-83 are applicable. The actual cost shall be computed by the Building Division per the ordinance in effect at the time and according to the information provided on the approved plans on the date of permit issuance. c. All development will be required to obtain City water service. d. A fire hydrant is required within 200 driving feet but not closer than 50 feet of every structure at the time of application for any building permit. e. The existing on-site water main shall be staked within an easement to the City. The easement will be submitted to the City prior to recording the rezone on the subject property. f. As-builts of storm sewer, sanitary sewer and water systems will be required to be submitted per City Design and Construction Standards and Specifications. g. All water and sewer system improvements shall be constructed to City of Everett standards. -3- • 8. Parks and Open Space a. The existing landscaped buffer along Merchant Way and Meadow Way shall be expanded as necessary to a depth of ten feet and extended to include the closed driveway accesses identified in Condition 4.c. above from El Capitan Way to the south boundary of the existing shopping center. Some or all of the landscaping may be provided on public right-of-way if approval is obtained from the Public Works Department. New landscaped areas along these streets shall be installed consistently and coordinated with the existing landscaped areas. Closure of these driveways and installation of the additional landscaping shall be completed prior to recording of this rezone. b. Substantial trees and plants in the existing landscaped area shall be preserved unless removal is approved by the Planning Department. c. A landscaping plan must be submitted to and approved by the Planning Department prior to installation of the landscaping consistent with City Standards during any redevelopment of the subject property. d. Landscaped areas shall be maintained by the owners and dead or diseased trees or plants shall be replaced by the owners. 9. Aesthetics a. Signage i. One free-standing on-premise sign not exceeding twenty-five (25) feet in height above the ground at its base, nor more than fifty (50) square feet on a side is allowed. A total of not more than one hundred (100) square feet of display surface is allowed. These signs shall not be animated nor shall they be illuminated by an intermittent light source. ii. All other signs shall be attached to a principal building and those signs shall not extend above the principal building at its peak and are subject further to the overall height regulations of the B-2 Community Shopping Zone. None of these signs shall be animated or illuminated by intermittent light source. iii. Projecting signs or graphics, and their supportive members, shall project outward no more than four (4) feet from a building and be no lower than eight (8) feet above ground level. iv. The owner's building shall have no more than one (1) business identification sign per building face and in no event more than two (2) identification signs. v. No business identification sign shall have a surface area greater than fifty (50) square feet per face. vi. In addition to the business identification sign, advertising displays or signs pertaining only to the uses or sales on the subject property may be permitted when -4- • attached to the principal building, provided the total surface area of all such signs shall not exceed thirty-six (36) percent of the total square footage permitted in v. above. vii. Signs which are an integral part of the window shall occupy no more than twenty-five (25) percent of the total window area. viii. Minor signing modifications may be approved by the planning director where it is demonstrated that the overall identification and internal directional needs will be served without reduction to the aesthetic quality of the development or adjoining properties. ix. Painted building wall signs are not permitted within the on the subject property. x. Mobile signs and sandwich board signs are prohibited. b. Light and Glare i. Building lighting and parking lighting shall be designed to avoid intrusion into residential areas and minimize glare on adjacent roadways. ii. All parking areas adjacent to residentially designated areas or roadways shall be screened by a site obscuring fence, a substantial landscaped buffer, a berm or a combination of these techniques. c. Visual Impact i. Parking areas in excess of 6000 square feet are subject to the requirement that 5% of the interior of the parking area shall be landscaped and a five (5) foot landscaped buffer shall be provided along any public right-of-way, per City standard as a condition of approval of any building permit unless otherwise specified in this document. ii. All outdoor storage areas and refuse collection areas on the subject property shall be screened by a sight obscuring fence or wall or a substantial landscaped buffer or berm as a condition of approval of any building permit. 10. Parking a. On-site parking on each property shall be provided per the Everett Zoning Code as a condition of approval of any building permit. b. Individual development and redevelopment proposals shall be reviewed to ensure that adequate parking is provided. c. Existing parking areas shall be restriped and landscaped per City standards as a condition of approval of any building permit on the subject property. -5- • • 11 . 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 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. 12. 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. 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 interest in the property to another property. 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. 13. Construction of Agreement This Agreement is concomitant with the action of the City of Everett zoning the property to the B-2 classification. Nothing herein shall be construed as being agreed to in consideration for said zoning in consideration for this Agreement. 14. 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. -6- • 15. 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 of passage of the subject zoning 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. t ff. EASTMONT AUTO REBUILD EASTMONT AUTO REBUILD DENNIS WIBBLEMAN PATRICIA WIBBLEMAN STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that DENNIS WIBBLEMAN and PATRICIA WIBBLEMAN signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated (2,54„1 Signature of Notary Public /2 � =//'/d" 7✓✓ Title /7 g My Commission expires //`gg- 2069G -7- . • CITY OF EVERETT WILLIAM E. MOORE, Mayor ATTEST: 464-4"14--€)%74-e- ELAINE MOSCHILLI, 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 /,2- Signature of Notary Public 4,7- ' Title My appointment expires ,S-/- f 7 2069G -8- • EXHIBIT A Corrected Legal Description for Wibbleman/Everett Auto Rebuild Concomitant Agreement SEC 17 TWP 28 RGE 05 PARCEL 2-014 BEG MON AT IXN C/L EL CAPITAN WAY & MERCHANT WAY TH SOO*11 OOE 30FT TH S 89*49 O0W PLT C/L EL CAPITAN WAY 30FT TPB TH CONT S89*49 0OW PLT C/L EL CAPITAN WAY 175FT TH SOO*11 OOE PLT WLY MGN SD MERCHANT WAY 103FT TH N89*49 OOE 175FT TH NO0*00 11W 103FT TO S LN EL CAPITAN WAY TPB. IN WITNESS WHEREOF, the Owners hereby acknowledge that to the best of their knowledge, the above legal description is correct. `---- eitAAAAL; (Ai . , 9d. -, , EASTMONT AUTO REBUILD EASTMONT AUTO REBUILD DENNIS WIBBLEMAN PATRICIA WIBBLEMAN STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that DENNIS WIBBLEMAN and PATRICIA WIBBLEMAN signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned in the instrument. 744 Dated dr e / Signature of r/ / Notary Publi �_/_ , ,A A-ol Title My Commission expires Al/,,PAN44b /NO 3286F , \ ...____ • ' 53 f 74 5\T:\ 4 " c I ii S6 7J 57 i I I oz i 59 i, 60 6/ i 62 43--64-- 65 j OI ,� CAPI TAN s WAY SUBJECT EL PROPERTY 2-0t3 ► VK 19 ,' 2O'2 2 017 I )', 2 /8 B-1 TO B-2 1 ► 3 4 1 / 'i IZ ,' 2-0/4 a1 /, = 5 U 1 W 6 i 2-015 1--- 7 7 1, , , , II , , I 9 , /O - j I I I — I es 3- 049 9, Q � 93 94 9: 11 I t47-C:)° 84 , r------ / \\ 6t3 82 8/ 80 79 78 77 ) I \< Al BEDAL - U / . 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