HomeMy WebLinkAboutOrdinance 1194-85 f
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ORDINANCE NO. //951 —g..5"
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 the
existing Marina Village - Port of Everett
from M-1 to C-2 contract subject
to the conditions of a concomitant agreement.
WHEREAS, on November 7, 1985 , the City of Everett held a
public hearing regarding the rezone of the hereinafter described property
from M-1 to C-2 contract ; and
WHEREAS, the City Council has determined that said property should
be rezoned and zoned C-2 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 C-2 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 M-1 to C-2 contract , subject to the
conditions of the attached concomitant agreement on the following
described parcel (See attached map):
That portion of the tidelands in front of Section
18, Township 29 North, Range 5 East W.M.,
described as follows:
Commencing at a concrete monument in 21st Street
in the tidelands in front of Section 19, Township
29 North, Range 5 East E.M. , said monument being
N87°58'21"W, 1988.20 feet from the monument line
in Grand Avenue; thence N87°58'21"W along the
westerly extension of the monument line in said
21st Street, 784.33 feet; thence N5°33'55"E,
1897.26 feet along a line parallel with and 300.0
feet East, as measured at right angles, from the
U.S. Pierhead Line to a point having grid
coordinates of X = 1 ,660,001 .71 , and Y =
366,232.68, of the North Zone, Washington State
Plan Coordinate System; thence S88°26'03"E,
along the centerline of an existing dike, 14.03
feet; thence S5°33'55"W parallel with the
centerline of an existing dike 14.03 feet to the
True Point of Beginning of this description;
thence S88°26'03"E, 380.24 feet; thence
S1°33'57"W 128.52 feet; thence S43°26'03"E
23.33 feet; thence S88°26'03"E 12.02 feet;
thence S1°33'57"W 165.98 feet; thence
N88°26'03"W, 430.50 feet; thence N5°33'55"E,
311 .76 feet to the True Point of Beginning.
Encompassing an area of approximately 2.9 acres.
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:
M-1 .
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
\—477 672d6 'z . b
WILLIAM E. MOORE, Mayor
ATTEST:
9Z-e"
CITY CLERK
Passed: /p:-/a-
Valid:
Published: /. ,,?-c77.5
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CITY OF EVERETT PLANNING DEPARTMENT
:WALE ' . doo' S18 T 29 R 5 12
CONCOMITANT AGREEMENT TO
REZONE ORDINANCE NO. //9
MARINA VILLAGE REZONE #18-85
Tµ
This agreement is made and entered this � day of DEL , 1985,
by Marina Village Partners, 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, the owners have made application to the City to rezone a 2.9
acre parcel described as follows:
The following described premises situated in Snohomish County, State
of Washington:
That portion of the tidelands in front of Section 18,
Township 29 North, Range 5 East W.M., described as
follows:
Commencing at a concrete monument in 21st Street in the
tidelands in front of Section 19, Township 29 North,
Range 5 East E.M., said monument being N87058121"W,
1988.20 feet from the monument line in Grand Avenue;
thence N87°58'21"W along the westerly extension of
the monument line in said 21st Street, 784.33 feet;
thence N5°33'55"E, 1897.26 feet along a line parallel
with and 300.0 feet East, as measured at right angles,
from the U.S. Pierhead Line to a point having grid
coordinates of X = 1 ,660,001 .71, and Y = 366,232.68, of
the North Zone, Washington State Plan Coordinate
System; thence S88°26'03"E, along the centerline of
an existing dike, 14.03 feet; thence S5°33'55"W
parallel with the centerline of an existing dike 14.03
feet to the True Point of Beginning of this
description; thence S88°26'03"E, 380.24 feet; thence
S1°33'57"W 128.52 feet; thence S43°26'03"E 23.33
feet; thence S88°26'03"E 12.02 feet; thence
S1°33'57"W 165.98 feet; thence N88°26'03"W, 430.50
feet; thence N5°33'55"E, 311 .76 feet to the True
Point of Beginning.
Encompassing an area of approximately 2.9 acres.
WHEREAS, the public health, safety, and welfare of the citizens o
Everett 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 b:
an integral part of the zoning restrictions applicable to the property; and
CONCOMITANT AGREEMENT - 1
•
WHEREAS, the Owners agree to develop and maintain the aforementioned
property as hereinafter set forth in consideration of the City considering
designating the property C-2.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. PLANNING DEPARTMENT REQUIREMENTS FOR CONTRACT:
A. Permitted Uses:
1 . Commercial activities, retail, services, offices, hotel and
motels without cooking facilities in rooms that provide
public access, except cooking facilities will be allowed in
manager units in hotels and motels.
B. Prohibited Uses:
1. Residential Uses: Any facility or building which provides
for the long term use as a residence by providing complete
cooking facilities.
C. Shoreline Permit Required
1. Any external use or activity meeting the definition of
"substantial development" occuring within this zone shall
be required to obtain a shoreline development permit.
2. Any project proposed for this zone which requires a
substantial development permit shall secure said permit
prior to the issuance of any building permit, grading
permit or other construction permits.
D. Parking:
All uses permitted by this zone shall provide parking per Section
19.40.020 E.M.C.
E. Landscaping:
All uses permitted by this zone shall provide landscaping per
Section 19.40.050 E.M.C.
2. LEGAL REQUIREMENTS
A. 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 be construed as
superseding said laws and regulations.
3. RECORDING
A. 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.
CONCOMITANT AGREEMENT - 2
4. ENFORCEMENT
A. Any violation of this Agreement by the Owners, their 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.
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 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.
5. CONSTRUCTION OF AGREEMENT
A. This Agreement is concomitant with the action of the City of
Everett zoning the property to the C-2 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.
6. NON-WAIVER
A. 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.
7. 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(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.
CONCOMITANT AGREEMENT - 3
F xN18i1"q
OWNERS
Marina Village nn Partners
1:44/1) tddilf i -
Marina Vill ge Inn Partners
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this 2nd day of December , 19 85 , before me, the
undersigned, a Notary Public, in and for the State of Washington, duly
EARL W. PERSON and ROBERT W. CHAMPION
commissioned and sworn, personally appeared/MARINA VILLAGE PARTNERS, to me
known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged to me that signed the same as free and
voluntary act and deed for the uses and purposes herein mentioned.
WITNESS my hand and official seal hereto affixed on the day and year first
above written.
•
I. �u
'"=s1 ✓'3 NOTARY P LIC in a for the State of
Washingt residing-at Everett
CONCOMITANT AGREEMENT - 4
1641F
4
WILLIAM E. MOORE, MAYOR
WITNESS:
laine Moschilli, City Clerk
Done on this 16 day of December, 1985.
CONCOMITANT AGREEMENT - 5