HomeMy WebLinkAboutOrdinance 1224-86 ORDINANCE NO. /c:7?a4/—f '
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 between
the east ends of 88th St. SE and 92nd St. SE, west of the P.U.D.
right-of-way from R-1 Single Family Low Density Residential to
R-3 Multiple Family Low Density Residential subject to the
conditions of a concomitant agreement.
Parcel A of Rezone #9-84 - Lloyd Solie
WHEREAS, on December 10, 1985, the City of Everett Planning Commission
held a public hearing regarding the rezone of the hereinafater described
property from R-1, Single Family Low Density Residential to R-3, Multiple
Family Low Density Residential with Concomitant Agreement; and
WHEREAS, the City Council has determined that said property should be
rezoned and zoned R-3, Multiple Family Low Density Residential 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 as amended on January 22, 1986
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 R-3, Multiple
Family Low Density Residential zone and the conditions stated in said
agreement.
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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-1, Single Family Low Density Residential to R-3, Multiple
Family Low Density Residential subject to the conditions of the attachd
concomitant agreement on the following described parcel:
Sec. 18 Twp. 28, Rge. 5 E.W.M. , that portion of the SW 1/4 of the NE
1/4 lying westerly of PNT Co R/W.
Parcel No. 18 28 05 1-019
(See attached map)
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: R-1, Single Family
Low Density 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
&/-
WILLIAM
WILLIAM E. MOORE, Mayor
ATTEST:
CITY CLERK
Passed: —aa--47 7
Valid: /-a9= Fe,
Published: (1,?--/ -06,
SOLIE REZONE ,/ p
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. ``O�q�1`-O
THIS AGREEMENT is made and entered this day o" , . ritd✓Lc , 1986,
by Lloyd Solie, 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 referrred to as the "City;"
WITNESSETH:
WHEREAS, Lloyd Solie is owner of a tract of real property approximately
9 acres in size located west of the P.U.D. right-of-way north of 92nd Street
S.E. if extended, Everett, Snohomish County, Washington, legally described as
follows:
Parcel No. 18-28-05-1-019, Sec. 18, Twp. 28,
Rng. 5 E.W.M. , that portion of the SW 1/4 of the NE 1/4
lying westerly of PNT Co. R/W
WHEREAS, such zoning and development is adjacent to the P.U.D.
right-of-way corridor and will provide a convenient senior congregate care
facility 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:
A. Permitted Use: That the applicant shall conform to the site plan
(Exhibit A) . Any modifications determined as substantial by the
Planning Director shall activate additional hearings by the City's
Hearing Examiner to amend the site plan and this concomitant agreement.
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B. Perimeter Treatment: That a detailed landscaping plan for the
perimeter of the site shall be developed by the Owner, and must be
reviewed and approved by the City. This plan shall indicate the type,
size and location of plantings on the property's perimeter and shall be
designed so as to eliminate any view from the congregate care
facility's first or second floor windows of the residential property to
the west (Mt. View Subdivisions).
C. Height: The proposed structures shall be a maximum of 30 feet in
height to allow for a pitched roof but not to exceed two stories in
height.
D. Setback: The congregate care facility shall be set back a minimum of
46 feet from the western property line of the subject property .
E. Fencing: The applicant shall provide a sight obscuring wooden fence
along the western edge of the developed portion of the subject property.
F. Sign Placement: That a specific sign placement plan shall be reviewed
and approved by the City prior to issuance of building permits. The
signing shall be limited to the standards established in E.M.C.
19. 18.020I unless a specific variance from these requirements is
received from the Board of Adjustment.
G. Lighting: That the Owner shall provide landscaping or other acceptable
screening adjacent to parking lots to shield car headlight glare frog'
adjacent properties and streets. In addition, all exterior lightin:
should be directed onto the subject property.
H. Undergrounding of Utilities: That all utility services shall b=
underground.
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I. Public Works Department Requirements:
1. 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 any Occupancy Permit is issued.
2. A formal Traffic Engineering study must be performed by a
professional Traffic Engineer for the PUD right-of-way and the
impacted area of Everett Mall Way. City approval of this study
is required before the contract rezone is recorded. The study
must be coordinated through the City Traffic Engineer.
3. The use of the PUD right-of-way must be resolved prior to the
contract rezone being recorded.
4. The street system must function as a public street. The street
must be constructed to arterial City street standards, including
but not limited to curb, gutter and sidewalk on both sides and
the City must have the maintenance responsibility or an
acceptable alternative.
5. The 30 foot easement through Everett Mall Plaza can not be used
for access.
6. If the development of the right-of-way is accepted by the PUD,
the developers must be aware that all costs, i.e. , constructions,
acquisition and any other costs that PUD may impose to use the
right-of-way, must be borne by the property owners abutting and
specially benefitted by the improvements.
7. Vehicle access must be provided from the PUD right-of-way to
Everett Mall Plaza by a means acceptable to the City.
8. 92nd Street SE must remain closed for vehicle access. A
pedestrian facility must be constructed to the existing
improvements in 92nd Street.
9. Water and storm drain facility must be extended to serve this
site per City Standards.
10. The existing detention pond must be expanded to accommodate the
increased runoff from this project.
11 . A fire hydrant is required within 200 driving feet but not closer
than 50 feet of every structure.
12. City streets are to be kept clear of dirt and debris at all times
during construction. Dust suppression and street cleaning must
occur as directed by the Public Works Inspector.
13. Performance guarantees are required for street and utility
improvements.
14. A one year guarantee is required on the public street and
utilities for an amount not less than 10% of the cost of
construction and shall run for one year from the date of issuance
of the first Occupancy Permit for the project.
15. A two year guarantee is required for private retention/detention
or other drainage treatment/abatement facilities serving areas
larger than one acre.
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16. On-site watermain will be staked within an easement to the City.
The easement will be submitted to the City prior to issuance of
permits.
17. As-builts of storm sewer, sanitary sewer, and water systems will
be required to be submitted per City design and construction
standards and specifications.
18. Easement may be required for looping water mains through
undeveloped property.
19. The Applicant agrees to preserve all evergreen trees six inches
in diameter and greater provided they are not in the footprints
of the proposed buildings or the parking area.
20. The Applicant agrees to construct a brick fence at the southwest
corner of the parcel running 100 feet north.
J. Congregate Care Facility Limitations:
Owners agree to construct a congregate care facility providing
residential units for senior persons subject to the following
conditions:
1 . Age Limit: That the entry age for residency in the congregate
care facility be a minimum of 60 years of age with the exception
that younger spouses will be permitted in the facility.
2. Meal Arrangements: That the fee structure for the congregate
care facility reflect one meal per day in the common dining room.
3. Central Services: That the central services facilities including
the dining room be used by tenants or their guests and not be
open to the general public.
K. Changes During Construction:
The Owners agree that all layout, development, and maintenance shall be
per this Agreement and the approved site plan. However, should any
Owner desire to make any changes during construction in the approved
site plan or terms of this Agreement, specifically regarding
landscaping and signage, said Owner shall bring this to the immediate
attention of the City's Planning Director or City Engineer. If, after
reviewing a detailed site plan, the Planning Director or City Engineer
determine that the change proposed is not substantial, (meaning a
cumulative change of 10% of the total project or less), the Planning
Director or City Engineer may authorize the change. However, if in the
opinion of the Planning Director or City Engineer the requested change
is a substantial change, the Owner shall be required to go to the
Planning Commission to seek authorization for the proposed change. The
Planning Director's or City Engineer's ruling may be appealed to the
Planning Commission. In any event, any time a change results in a
substantial change to the terms or requirements of this Agreement, this
Agreement must be amended by written amendments hereto duly executed by
the owner and the City's Mayor.
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L. 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, this successors, tenants, and assigns.
M. Legal Requirements
The Owner and his 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 be construed as superseding said laws and regulations.
0. Enforcement
1. Any violation of this Agreement by the owners, the 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 party.
2. 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 is hereby declared to be a public
nuisance.
3. 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 of
any of the provisions of this Agreement, and compelling
compliance with the provisions thereof.
4. The penalty and enforcement provisions provided herein shall not
be exclusive and the city may pursue any action, remedy or relief
it deems appropriate.
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P. CONSTRUCTION OF AGREEMENT
This Agreement is concomitant with the action of the City of Everett
zoning the property to the R-3 classification. Nothing herein shall be
construed as being agreed to in consideration for said zoning, nor does
the City relinquish its legislative power with respect to said zoning
in consideration for this Agreement.
Q. 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.
R. EFFECTIVE DATE
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(s) identified herein have 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 their name and the City of Everett has caused the same to be duly executed
by its Mayor, the date and year first above written.
1 oli
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH
On this ` 7 day of � k , 19?2 , before
me, the undersigned(, a Notary Pu lic in and fo he State of a Kington, duly
commissioned and sworn, personally appeared L d Solie to me known to be the
individual described in and who executed the foregoing instrument, and
acknowledged to me that he signed the same as his free and voluntary act and
deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed on the day and year
first above written.
NOTA PUBL C in and f• S to of,
Washington, residing at
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CITY OF EVERETT
1r.
WILLIAM E. MOORE, Mayor
ATTEST:
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ELAINE MOSCHILLI
City Clerk
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH )
On the /o?w day of2 /)( ) , 19 a(O , before
me, the undersigned, a Notary Public in afor the State of Washington, duly
commissioned and sworn, personally appeared William E. Moore and ELAINE
MOSCHILLI, to be known to ber the Mayor and City Clerk, respectively, of the
City of Everett, and who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of
said City for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
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/NOTA'Y PUBLICw n -nd or11re State of
Washington, residing at ��
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ADDENDUM TO
CONCOMITANT AGREEMENT TO ORDINANCE NO. 1224-86
THIS AGREEMENT is made and entered this lam' day of
• , 1990, by and between David M. Kehoe, 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, David M. Kehoe is the current owner of the
property located north of 92nd Street S.E. , west of West Mall
Drive, Everett, Snohomish County, Washington, the legal
description of which is as follows:
Parcel No. 18-28-05-1-019 , Sec. 18 , Twp. 28 , Rnge. 5 E.
W.M. , that portion of the S.W. 1/4 of the N.E. 1/4 lying
westerly of P.N.T. Co. R/W.
WHEREAS, on January 22 , 1986 , the Everett City Council
passed Ordinance No. 1224-86, along with a Concomitant
Agreement dated January 22 , 1986 , hereinafter referred to as
"Agreement" amending the official zoning map of the City of
Everett upon compliance with conditions contained in said
Agreement; and
WHEREAS, such zoning and development is adjacent to the
P.U.D. right-of-way corridor and will provide condominium
apartments and homes ; and
WHEREAS, the Owner now wishes to modify several conditions
of approval of said Agreement as identified in Exhibit B,
(April 19 ,1990 Kehoe letter) ; and
WHEREAS, the City has provided proper notice of the
proposed project; and
WHEREAS, a public hearing was held before the Planning
Commission on August 21 , 1990 ; and
WHEREAS, the Planning Commission made a recommendation on
August 21 , 1990 , to the City Council to grant approval to this
Addendum to said Agreement to Ordinance No. 1224-86; and
WHEREAS, the Everett City Council held a public hearing
and approved the Planning Commissions recommendation to adopt
said Addendum; and
WHEREAS, the Owner has agreed to develop the
aforementioned property in accordance with said Agreement dated
January 22 , 1986 , and this Addendum;
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS;
I . That the Agreement is hereby amended as follows:
1 . Exhibit A: The site plan dated December 2 , 1990 ,
which is attached hereto as Exhibit C shall be
substituted for the original congregate care facility
plan as Exhibit "A" .
2 . All references in the Agreement to the term
"r_engrPgatP carp facility" are hereby changed to
"condominium apartments and homes for older persons" .
3 . Section B of the Agreement entitled "PPrimptPr
Treatment" is hereby deleted and the following
inserted in its place:
Section B. Perimeter Treatment : That a detailed
landscaping plan for the perimeter of the site shall
be developed by the Owner, and must be reviewed and
approved by the City. This plan shall indicate the
type, size and location of plantings on the
property's perimeter. The Owner must comply with the
requirements contained in the City of Everett's
Zoning Code related to "landscaping" . At a minimum
this plan must include the following:
1 ) A landscape strip a minimum of 5 feet wide must
be provided along the eastern property line.
This area shall be planted with Type III
landscaping.
2 ) A buffer strip a minimum of 25 to 35 feet wide
must be provided along the western property line
as depicted on Exhibit A, the site plan dated
December 2 , 1990 , where the property abuts the
R-1 zone. This area shall be planted with Type
II landscaping to augment the existing
vegetation that will be preserved in this buffer
area. The applicant must fence all buffer areas
with temporary construction fencing to insure
the preservation of the existing vegetation in
these areas. The City Parks Department shall
inspect the fencing to insure that adequate
protection is provided for all the vegetation
contained in the buffer area prior to
construction. There shall be no removal of
existing trees in the buffer area unless a tree
is found to be diseased, or dead by an arborist,
or landscape architect. Any vegetation that
must be removed from these buffer areas during
construction must replaced on a one for one
basis in a manner acceptable to the City.
3 ) Interior landscaping will not be required on the
parking garage as long as it is adequately
screened from adjacent residential properties in
conformance with Section 34 . 080B of the City of
Everett Zoning Code.
4 ) Prior to issuance of any permits, landscaping
plans must be reviewed and approved by the
Planning Department per Section 35. 100 of the
Zoning Code. The landscaping plan must show
location of required grassy swales, rockeries
and retaining walls,and grading at 5 foot
2
intervals . Irrigation systems must be provided
in all landscaped areas per Section 35 . 130 of
the Zoning Code. A 2-year maintenance assurance
device must be provided for the landscaping per
Section 35 .130B of the Zoning Code.
4 . Section C_of the Agreement entitled "IIeight" is
hereby deleted and the following inserted in its
place:
Section C. Height: Apartment # 2 shall be a maximum
allowable height of 35 feet above base elevation as
per the Zoning Code and Apartment # 1 must develop
according to the approved variance for the site.
5. Section D of the Agreement entitled "cpthark" is
hereby deleted and the following inserted in its
place:
Section D. Setback: That all condominium units be
setback a minimum of 40 feet from the subject
property's west property line.
6. Section E of the Agreement entitled "Fencing" is
hereby deleted and the following inserted in its
place:
Section E. Fencing: The applicant shall provide a
site obscuring cedar fence around the entire
perimeter of the developed portion of the subject
property in conformance with zoning code
requirements.
7 . Subsection I . ( 20 ) of the Agreement related to
construction of a brick fence is hereby deleted.
8 . Subsection I . (11 ) of the Agreement related to fire
hydrants is hereby deleted and the following inserted
in its place:
jl Fire hydrants are to be located to serve the
condominium apartments and homes to the satisfaction
of the Everett Fire Department.
9 . Section J of the Agreement entitled "Cnngrpgatp Carp
Facility Limitations" is hereby deleted and the
following inserted in its place:
Housing for Older Pprscns Limitations: The Federal
Fair Housing Legislation definition of "housing for
older persons" shall be used to determine whether
this housing fits in this category; i .e. at least 80
percent of the units must be occupied by at least one
person 55 years of age or older.
II . That all provisions of the Concomitant Agreement other
than those which are modified by Section I of this
1 agreement shall remain in full force and effect.
3
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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, Owner's successors, tenants and
assigns.
CITY OF EVERETT OWN
PETE K � , MAYOR DAVIR M. KEHOE
ATTEST:
Af' I" Ate
DONNA RIDER, CI CL •�—
APPROVED AS TO FORM:
iL‘12i7
CITY ATTORN
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
PETE KINCH and DONNA RIDER signed this instrument and
acknowledged it to be (his/her) free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated /A/41 /96
Signature of
Notary Public42ii #& 1
Title 42,1e
CU
My appointment expires /3091
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
DAVID M. KEHOE signed this instrument and acknowledged it to be
his free and voluntary act for the uses and purposes mentioned
in the instrument.
Dated i Z i
Signature of
Notary Public
Title /Jot/4 4rc t'( fV! tIL/ C-
My appointment expires 7— /-
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SITE PLAN
' o,.o., M, :,d7*. Ns DATED DEe
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David M. Kehoe ; r i; +S90 _ 3
#55
9045 Walnut Grove Drive CITY OF L-
LANGLEY, British Columbia
V1M 2E1 Planning Dept,
Telephone : 1-604-888-7938
April 19th , 1990
City of Everett
Planning Department
3002 Wetmore
EVERETT, Washington
98201
ATTENTION: MR. GERRY ERVINE
SENIOR PLANNER
Dear Sir;
RE : REQUESTED AMENDMENTS TO CONCOMITANT AGREEMENT
TO REZONE ORDINANCE NO . 1224-86 KNOWN AS THE
"SOLIE REZONE" DATED JANUARY 22ND, 1986 -
LEGAL DESCRIPTION OF PARCEL: PARCEL NO .
18-28-05-1-019 , SEC . 18 , TWP . 28 , RNG. 5 E .W.M. ,
THAT PORTION OF THE SW 1/4 OF THE NE 1/4
LYING WESTERLY OF PNT CO. R/W
The following list of amendments to the above contract
shall be related to and form part of the application by
David M. Kehoe for a Retirement Condominium Development
consisting of thirty-six ( 36) homes in nine (9) blocks
of four (4) each and fifty-four (54) Condominium
Apartments .
Assuming that all other conditions are .acceptable , the
following amendments are requested:
UNDER MUTUAL AGREEMENT
General : Substitute "condominium_apartments and homes "
in lieu of "congregate care facilities"
wherever occuring in this General section.
continued page 2
EJJ1'6,r Q
APRIL J9,J990
krHae LETTER
Letter to City of Everett
from David M. Kehoe - cont 'd Page 2
SECTION B - PERIMETER TREATMENT
Item 1) The sentence starting with "This plan shall . . . "
may be eliminated as there are no apartments
overviewing the properties to the west.
Item 2) The following may be added:
Retain a strip of existing trees along the west
property line to provide screening to the
residenses of a maximum width of 35 ' and a
minimum of 25 '' :'
SECTION C - HEIGHT
Omit completely and substitute:
"Apartment #2 shall be a maximum allowable height of 35 '
above base elevation as per the new zoning code and
Apartment #1 shall require a variation of 2 . 78 ' in
height to allow for installation of cedar shingle roof .
SECTION D - SETBACK
Amend the figure "46 feet" to read "50 feet" .
SECTION I - PUBLIC WORKS DEPARTMENT REQUIPEMENTS
Item 11) Delete this sentence and substitute the following:
"Fire hydrants are to be located to serve the
condominium apartments and home to the satisfaction
of the Everett Fire Department.
Item 13) Delete this Item
Item 14) Delete this Item
Item 16) Delete this Item
Item 20) Delete this Item
continued page 3
Letter to City of Everett
from David M. Kehoe - cont 'd Page 3
SECTION J - .CONGREGATE CARE FACILITY LI '1ITATIONS
Delete this section completely .
EXHIBIT A
Delete and substitute the new site plan.
This completes the requested amendments to the concomitant
agreement, and I thank you for your kind attention to this
matter.
Sincerely,
r\
41, �� ✓•
David M. Kehoe
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