HomeMy WebLinkAboutOrdinance 1276-86 •
ORDINANCE NO. / ' 76 -F6
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 R-S Single Family Suburban
to B-2 Community Shopping Zone subject to the concomitant agreement.
PRINCE OF PEACE LUTHERAN CHURCH
WHEREAS, on April 18 and April 22, the City of Everett Planning
Commission held a public hearings regarding the rezone of the hereinafter
described property from R-S, Single Family Suburban Residential zone to B-2,
Community Shopping; and
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 R-5, Single Family Suburban Residential 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
THAT PTN NW1/4 NW1/4 SW1/4 DAF - COM SW COR SD SUB TH
S88*00 45E ALG S LN SD SUB 30.02 FT TH N 21 .88 FT TH
N16*31 OOE ALG E LY MGN PSH NO. 1 (NEW BROADWAY
CUT-OFF) FOR 23.90 FT TPB TH N16*31 OOE 206.61 FT TH
S88*00 45E ON A LN PLW S LN SD SUB FOR 301 .57 FT TH
S20*13 30W 210.58 FT TAP ON A LN THAT IS 45 FT N OF &
PLT S LN SD SUB TH N88*00 45W ALG SD LN FOR 287.50 FT
TO TPB EXC PTN CONVYD ST OF WA FOR HWY UND AF NO 950811
& EXC ADD'L PTN FOR SR 5 (PSH NO. 1) PER AF NO. 2085026
& ALSO EXC PARCELS CONVYD TO CITY OF EVERETT UND AF
NOS. 2136850 & 8503070186 (FOR LIFT STATION, SEWER &
UTILITY PURPOSES) DAF - COM INT OF BROADWAY
INTERCHANGE-STAGE II WITH NLY MGN BURLEY DRIVE TH ELY
ALG NLY MGN BURLEY DRIVE FOR 230 FT TPB TH ANG L 90*
FOR 33 FT TH ANG R 90* FOR 30 FT TH ANG R 90* FOR 33 FT
TH ANG R 90* FOR 30 FT TO TPB AKA LOT A OF CITY OF
EVERETT SP 7-83 REC'D AF NO 8503010234 V1886 P2514-2522
EX ST OF WA NO 02046-001 .
2070G
SEC. 17 TWP 28 RGE 05
BEG SW COR NW 1/4 NW 1/4 SW 1/4 TH E 30.02 FT TO ELY
MGN CO RD TPB TH N ALG SD ELY MGN CO RD 21 .88 FT TO ELY
MGN HWY 1 TH N 16*31 OOE ALG ELY MGN ST HWY 1 FOR
230.51 FT TH S88*00 45E 361.57 FT TH N16*31 OOE 261.64
FT TH S 73*29 OOE 150 FT TH S61*31 00W 70.96 FT TH ON
CRV TO L HAV RAD 746.33 FT & CONS ANG OF 15*53 39 FOR
207.04 FT TH SOO*37 21W 187 FT TO S LN SD NW 1/4 NW 1/4
SW 1/4 TH W ALG SD S LN 592.48 FT TO TPB LESS S/HY LESS
QCD TO SNO CO FOR RD ALSO LESS WD 394/567 TO CITY OF
EVERETT EX ST OF WASH - 02046-001
SEC 17 TWP 28 RGE 05
THAT PTN NW 1/4 NW 1/4 SW 1/4 DAF - COM SW 1/4 DAF -
COM SW 1/4 SD SUB TH S88*00 45E ALG S LN SD SUB FOR
30.02 FT TH N 21 .88 FT TH N 16*31 OOE ALG ELY MGN
P.S.H. NO. 1 (NEW BROADWAY CUTOFF) FOR 230.51 FT TH
301 .57 FT TO TPB TH S88*00 45E ON A LN PLW S LN SD SUB
FOR 301.57 FT TO TPB TH S88*00 45E 60 FT TH N 16*31 OOE
261 .64 FT TH S 73*29 OOE 150 FT TAP ON WLY MGN MEADOW
WAY AS PLATTED & RECD IN PLAT OF EASTMONT DIV NO 3 TH
S16*31 00W ALG SD MGN 70.96 FT TO BEG OF CRV TO L WHOSE
C/A BEARS S73*29 OOE FOR A RADIAL DIST OF 746.33 FT TH
ALG SD CRV FOR AN ARC DIST OF 207.04 FT TH SO0*37 21W
141.98 FT TAP ON A LN WH IS 45 FT N OF & PLW S LN SD
SUB TH N88*00 45W ALG SD LN 298.67 FT TH N20*13 30E
210.58 FT TO TPB AKA LOT B OF CITY OF EVERETT SP 7-83
RECD AF NO. 8503010234 V 1886 P 2514-2522 EX ST OF WASH
NO 02046-001
SEC 17 TWP 28 RGE 05
COM SW COR OF NW 1/4
NW 1/4 SW 1/4 TH S88*00 45E ALG S LN SD SUB FOR 30.02
FT TO ELY MGN CO RD TH NLY ALG ELY MGN CO RD TAP OF INT
WITH ELY MG BROADWAY INTERCHANGE-STAGE II TH CONT NLY
ALG ELY MGN SD BROADWAY INTERCHANGE-STAGE II TO NLY MGN
OF BURLEY DRIVE TH ELY ALG NLY MGN BURLEY DRIVE FOR 230
FT TPB TH ANG L 90* FOR 33 FT TH ANG R 90* FOR 30 FT TH
ANG R 90* for 33 FT TH ANG R 90* FOR 30 FT TO 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.
2070G
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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: R-S,
Single Family Suburban Residential.
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
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WILLIAM E. MOORE, Mayor
AT T:
CITY CLERK
Passed: d -6 -g'�,
Valid: ,P (P0 - ki
Published: 7-/ 3-Y.
2070G
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