HomeMy WebLinkAboutOrdinance 1190-85 •
ORDINANCE NO. A(52e9
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 1715 Oakes Avenue (Old Washington School Site)
from R-2 Single Family High Density Residential
to R-3 Multiple Family Low Density Residential
subject to the conditions of a concomitant agreement.
WHEREAS, on December 4, 1985 , the City of Everett held a public
hearing regarding the rezone of the hereinafter described property from
R-2 Single Family High Density Residential to R-3 Multiple Family Low
Density Residential with contract; and
WHEREAS, the City Council has determined that said property should
be rezoned and zoned R-3 Multiple Family Low Density Residential 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 R-3 Multiple Family Low Density Residential 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-2 Single Family High Density Residential
to R-3 Multiple Family Low Density Residential , subject to the
conditions of the attached concomitant agreement on the following
described parcel (See attached map):
Lots 1-32, inclusive, Block 349, Plat of Everett Division "N",
according to the plat recorded in Volume 5 of Plats, page 7.
Together with vacated alley as vacated October 19, 1908 recorded
under Auditor's File No. 137036. (See Attachment "1" Assessor's
Map.)
1745G
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-2 Single Family High 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
7'1 4 /) --d44.-e.-
WILLIAM E. MOORE, Mayor
ATTEST:
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CITY CLERK
Passed: / 4—2J
Valid: / 7- — (2 — FJ
Published: / ). — 9 -14--
•
WASHINGTON OAKES CONGREGATE CARE FACILITY
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. //94 -��—
THIS AGREEMENT is made and entered this /3 day of 01NJD
1985, by William A. Finley III, said party being hereinafter referred to as
"Owner", and the City of Everett, a municipal corporation under the laws of
the State of Washington, hereinafer referred to as the "City";
WITNESSETH:
WHEREAS, WILLIAM A. FINLEY III is owner of (or has an equitable
interest in) a tract of real property approximately 2.42 acres in size located
south of 17th Street, north of 18th Street, west of Oakes Avenue and east of
Rockefeller Avenue, 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 reuse of an existing
school structure 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
ancticipating 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: That the applicant shall conform to the site plan
submitted on November 12, 1985, (Exhibit B) with the site to be used
only as a congregate care facility. Any modification 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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2. Recreation: That the owner shall provide park benches accessible to
the public at each of the property corners where the site plan shows
the ten foot indentations in the fence lines.
3. Public Works Department Requirements:
A. 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 the Occupancy Permit is issued.
B. Special charges for connection to sewer system in accordance with
Ordinance #984-83 are applicable. The approximate cost based on
the preliminary information provided is $512/unit. The actual
cost shall be computed by the Building Department 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. Any additional stormwater run-off created will require on-site
detention, OR, in lieu of providing on-site detention, payment to
City Drainage Fund 340 is allowed.
D. Storm drainage should be discharged to the 17th Street
interceptor.
E. The applicant must provide new utility services to meet sanitary,
storm and water needs of this project. This may include an
extension of the public sewer main.
F. The applicant will be required to provide a statement from a
traffic engineer regarding the pedestrian impact this proposal
will have on existing crossings. Any adverse impacts identified
will be mitigated by the owner to the satisfaction of the City of
Everett's Traffic Engineer.
G. The on-site parking requirements for this proposal can be met by
converting the existing on-street parking to angle parking. The
owner shall provide diagonal parking on all of the subject
property's street frontages in a manner acceptable to the City of
Everett's Public Works Department.
H. Applicant will be required to reconstruct any curb, gutter and
sidewalk that is presently in need of repair.
I. A fire hydrant is required within 200 driving feet but not closer
that 50 feet of every structure.
J. City streets and alleys 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.
K. A one year guarantee is required on the public improvements for
an amount not less than 10% of the cost of construction and shall
run for one year from the date of final approval.
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L. A two year guarantee is required for any private
retention/detention or other drainage treatment/abatement
facilities serving areas larger than aone acre.
M. A fill permit will be necessary for all excess material removed
from this subject property to allow that material to be placed on
another site.
4. Undergrounding of Utilities: That all utility services shall be
underground.
5. Lighting: That the Owner shall provide landscaping and fencing
adjacent to parking lot to shield car headlight glare from adjacent
properties and streets. In addition, all exterior lighting should be
directed onto the subject property.
6. Congregate Care Facility Limitations:
A. 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.
B. Meal Arrangements: That the fee structure for the congregate
care facility reflect one meal per day in the common dining room.
C. Indoor Recreational Facilities: That the indoor recreational
facilities be limited to use by residents of the congregate care
facility.
D. 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.
7. 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.
8. Changes During Construction:
A. 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, 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
maximum 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 Hearing Examiner to seek authorization for
the proposed change. The Planning Director's or City Engineer's
ruling may be appealed to the Hearing Examiner. In any event,
anytime 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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9. 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.
10. 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 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.
11 . Construction of Agreement:
A. 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.
12. 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.
13. Effective Date:
A. This Agreement shall become effective only upon the occurence of
all of the following:
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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.
f1 ` 1 '
‘tk
Wil ia�m A. Finley I I
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
On this ,' day of „ t/,�,, '<,c� , 19 :4 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared WILLIAM A. FINLEY, 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 a 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.
I1
f " , r
`: \t .1 ) fi
NOTARY PUBLIC in and for t StateA ,
//
Washington, residing at`
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CITY OF EVERETT
\-4f/-0
WILLIAM E. MOORE, Mayor
ATTEST:
/
:LANE MOSCHILLI
City Clerk
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
On this / g t4day of , 19 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared WILLIAM E. MOORE and ELAINE
MOSCHILLI, to be known to be the Mayor and City Clerk, respectively, of the
City of Everet, 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 §tated that
they are authorized to execute the said instrument. ..1), •%%!
0.01110 I
as
NOTARY PUBLIC in and for tat(Fof ` 4
Washington, residing at •
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1518F
EXHIBIT A
Legal Description
Lots 1 through 32, Block 349, Plat of Everett Division "N" including vacated
alley.
1518F
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