HomeMy WebLinkAboutOrdinance 1052-84 •
ORDINANCE NO. i/e7 s - 8diV
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 east
of 19th Ave. S.E. and north of the Church of Latter Day Saints
from R-S, Single Family Suburban Residential to B-1, Neighborhood
Shopping Zone subject to the conditions of a concomitant agreement
WHEREAS, on June 5 and June 19, 1984, the City of Everett held public
hearings regarding the rezone of the hereinafter described property from R-S,
Single Family Suburban Residential to B-1, Neighborhood Shopping Zone; and
WHEREAS, the City Council has determined that said property should be
rezoned and zoned B-1, Neighborhood Shopping Zone;
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 revised on July 25, 1984.
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-1 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-S, Single Family Suburban Residential to B-1, Neighborhood
Shopping zone, subject to the conditions of the attached concomitant agreement
on the following described parcel:
DESCRIPTION:
That part of the Southwest quarter of the Northwest quarter
of the Southwest quarter of Section 17, Township 28 North,
Range 5 East, W.M. , described as follows:
The South 170.10 feet of the North 335.10 feet of the East
502.30 feet of the West 542.30 feet of the Southwest quarter
Of the Northwest quarter of the Southwest quarter of Section
17, Township 28 North, Range 5 East, W.M. , as measured
parallel with the North line of said subdivision. EXCEPT
Roads.
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-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
certifiedcopy of this ordinance and the attached concomitant agreement with
the Auditor of Snohomish County, Washington.
CITY OF EVERETT
WILLIAM E. MOORE, Mayor
ATTEST:
4010 41111
r `� �� / /
CITY CLERK
Passed: 7c'5.- 8q
Valid: 7_ 2C-
,Published: 1-30- FY
•
RAMO REZONE
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. /v,s-w_y q'
THIS AGREEMENT is made this (_52,57-2 (day of , 1984, between
Thomas Meehan, Rita Meehan, William Goetz, Marilyn Goetz, Ralph Monty and Mary
Ann Monty, said parties being hereinafter collectively referred to as
Owner(s), and the City of Everett, a municipal corporation under the laws of
the State of Washington, hereinafer referred tows the City.
WITNESSETH:
WHEREAS, Thomas Meehan, Rita Meehan, William Goetz, Marilyn Goetz,
Ralph Monty and Mary Ann Monty, are the owners of a tract of real property
approximately 2.3 acres in size located approximately 110 feet south of Burley
Drive and east of 19th Avenue S.E. in Everett, Washington, the legal
description of which is attached hereto as Exhibit 1, and incorporated herein
by this reference; and
WHEREAS, Owners are seeking to have their property rezoned from R-S to
B-1; and
WHEREAS, such zoning and development will provide a commercial use
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 USES
A. The subject property shall be zoned B-1, Neighborhood Shopping
Zone.
CONCOMTTANT AGREEMENT - 1
B. Permitted uses shall be limited to the following uses permitted
in the B-1, Neighborhood Shopping Zone; offices, medical or
dental clinics; medical or dental laboratories, travel agencies
or dance, music, or art studios with associated retail sales.
' Other retail sales to the general public are not permitted.
C. The height of all buildings will be restricted to a maximum of 15
feet.
D. The property owned by the owners, which is shown on the site
development plan (Exhibit 2), which is attached hereto and
incorporated by reference, shall be developed as indicated by
that plan.
2. NOISE RESTRICTIONS
Noise levels shall not exceed those set forth in City Ordinances
#534-78, #564-78 and #690-80 as they presently read or are hereafter
amended to read.
3. PUBLIC WORKS 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 and temporary construction erosion control.
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.
CONCOMITANT AGREEMENT - 2
B. The area proposed for a rezone contains a large natural detention
pond. Outflow from the natural detention pond is controlled by
an existing 12 inch storm drain. Construction of a detention
system to serve the entire rezone area at the time of
construction of the professional center is required. 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 acres, under existing land use
conditions.
C. The existing easement on the east side of the property shall not
be used for ingress or egress. Construction of the parking area
shall include a physical barrier to prohibit ingress and egress
over this easement.
D. A fire hydrant is required within 200 driving feet, but not
closer than 50 feet of every structure•
E. City streets and alleys are to 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.
4. DETAILED ADMINISTRATIVE SITE PLAN REVIEW PROCESS
A. Prior to the issuance of any building permit, the applicant shall
submit to the City Planning Department for administrative review
a detailed site plan for the subject property.
B. Any site plan thus submitted shall show, or be accompanied by,
the following:
CONCCOMITANT AGREEMENT - 3
•
1. The location and floor area size of all proposed buildings
and other improvements, including maximum heights, types of
buildings and occupancies, if known.
2. The proposed vehicular circulation system, indicating all
access points to the public right-of-way, driveway widths,
parking areas, and service areas.
3. The proposed pedestrian circulation system.
4. The proposed system for collecting and controlling the rate
of storm and surface water runoff generated from the
project.
5. A detailed landscaping plan indicating the type, size and
location of all plantings.
C. Each detailed site plan, and accompanying materials, shall be
submitted to the City of Everett Planning Department for review i
and approval. The criteria for such review, and the approval, ,
modification or denial of the detailed site plan, shall be in
conformance with this Agreement, the Comprehensive Plan, and the
conditions of the Zoning report as approved by the Hearing
Examiner. Any Owner disagreeing with the Planning Department's
administration of the site plan review process may make an appeal
before the City Hearing Examiner. Upon final approval of a
detailed site plan for any development, the same shall become an
integral and binding part of this Agreement. Development of each
phase shall be in conformance with the applicable site plan.
CONCOMITANT AGREEMENT - 4
I .
•
5. LEGAL REQUIREMENTS
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.
6. 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 change 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 Public Works
Director. If, after reviewing the proposed changes as set forth in a
detailed site plan, the Planning Director or Public Works Director
determines that the change(s) proposed is not substantial, (meaning a
change of 10% or less, i.e. square footage of structure, amount of
landscaping, etc. ), the Planning Director or Public Works Director may
authorize the change. However, if in the opinion of the Planning
Director or Public Works Director the requested change is found to be a
substantial change, the Owner may appeal to the Hearing Examiner to
seek authorization for the proposed change. In any event, if any
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(s) and the Mayor.
CONCOMITANT AGREEMENT - 5
7. 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 runningwith the land and binding upon the
Owners, their successors, tenants and assigns.
8. 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.
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.
CONCOMITANT AGREEMENT - 6
•
9. CONSTRUCTION OF AGREEMENT
This Agreement is concomitant with the action of the City of Everett
zoning the property to the B-1 classification. Nothing herein shall be
construed as being agreed to be in consideration for said zoning, nor
does the City relinquish its legislative
power with respect to said
zoning in consideration for this Agreement.
10. 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•
11 . 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 having executed
this Agreement and having 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 having executed this Agreement.
CONCOMITANT AGREEMENT - 7
IN WITNESS WHEREOF, the Owners have 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.
.
J%ryy4to e)r)zeL,,,J
Thomas •han, At
Rita M an
lam Goetz j
rMyn Go tz
4i
/ i/ //11'i ()Pity L,:, 2
x)12
/
Mary Ann Vfonty t
,
CITY OF EVERETT
J� _�
WILLIAM E. MOORE, MAYOR
ATTEST
"i �i� /' -,- / /
ity Clerk
•
Approved as to Form:
w.i-- a �. ......--\L__-
. �.ttorney
STATE OF WASHINGTON)
)
ss.
COUNTY OF SNOHOMISH)
On this 25 day of JkhGP., , l94`t�
f , before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Thomas Meehan and Rita Meehan, to
me known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged to me that they signed the same as
their 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.
a9(
1 , st
NOTA Y PUBLIC in a.. ,0 • „ph! Stae� ffdd of
W ington, residing a d R tvA .
CONCOMITANT AGREEMENT - 8
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
c
On this `.� day , 19d/ , before me, the
undersigned, a Notary Public i nd 4or the State of Washington, duly
commissioned and sworn, personally appeared William Goetz and Marilyn Goetz,
to me known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged to me that they signed the same as
their 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.
TARY PUBLIC in and for the State of
Washington, residing at 4 / •
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this //
C� - day of �� 19 j�, before me, the
undersigned, a Notary Public i d f'or the State of Washington, duly
commissioned and sworn, personally appeared Ralph Monty and Mary Ann Monty, to
me known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged to me that they signed the same as
their 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.
N TARY PUBLIC in and for the State of
Washington, residing at �1
CONCOMITANT AGREEMENT - 9
•
EXHIBIT "1"
DESCRIPTION:
That part of the Southwest quarter of the Northwest quarter of the
Southwest quarter of Section 17, Township 28 North, Range 5 East,
W.M. , described as follows:
The South 170.10 feet of the North 335.10 feet of the East 502.30
feet of the West 542.30 feet of the Southwest quarter of the
Northwest 'quarter of the Southwest quarter of Section 17, Township
28 North, Range 5 East, W.M. , as measured parallel with the North
line of said subdivision. EXCEPT Roads.
1
/
. . '
•
. • ,..
. •
S.W. t/4, SEC. 17, T.21
t
I" a 200'
4 Site Cop i 80 89
500 N w 4
1
10a 1 /
87 00 EASTMONT DIV.
1
I _ . 86 • 1 ....42 "
, N 5
0 ------s---1
L
liNg'-
•---:
92 93 94 95 96 97
I 84 z
, ,„,..: -,......
i I
B-1
I <
1CD
.-4. us 1 82 8/ 1 80 I 79 1 78 i i 77 76 75 52
:1 Ar
... 1 BEDAL LANE
i
! .
I ;
60 i 61 '62 1 I 63 1 64 i 65 . 66 67 68 69 70 7, 172 !
.1 I I /
tii R-5
tni 3-017iy19
t..f t 1
I I I
59 58 57 I 56 55 , 54 53 52 5/ 50 49 48 ! 47 ,
tu I
- > 3-02 z 41 I
BURLEY
DRIVE
, . . .
. ,
I .
• e I I , 1
c,
Z . t c I 15 /8 1, /0
...
tr 3-019 t 3-o5e ,3-0 I 3-ozq
I /4 /3 3-015
/
...„
i t I ii I' E A S 7;M 0 N r
16 1 /7 /8 /9 20 I__
WITH CONTRACT 3
4\ .\\3-otail. k 1 I
ic'.
- - - •
_ _,•, _ We94th
I i PL. 3
22 \ a
.,. 1 25 1
, 3
Fr-- -
R-S II I
k I 6 CC
cz A/V I No, ',01 (4.3 I) \
! r
't I 26 27 28 29 .30
7
11'1
1 6
3-OS 4 0'7
95th
8 8 PL 95th
,
I ( ,
.., E...4...iii; . 9 35 34 1 33 32 \3/ ,, 9 I 10
'''--zrzitfrr cv Lill -
I / L 0/1,
I I 1
I ! 1- .-
co •
i t i T
1
I / i 2 1 3 4 I 5 6 7 i 8 1 9 /0 C‘i // /2 1 /3 . /4 t /5 16 /7 - 28 29 30
I
I /E41) N 1 1 1/444..._iv .L5e_22,i_.
,
I 2
.96th PL. S.E.
!I 1 ! ! 1 1 I I . I
I i 1 1 1 1
35 i 5.1 I 33I 32 i 3/ 30 . 29 i 28 27 1 26 1 25 I 24 i 23 22 ; 21 20 I /9 /8 2) 27 I 26 ! 25
till
1 I 1 1 1 [ 1 1 I 1 \I 1 ..-
••
. ! \ TOWER
\ . 2L-,
i :-'-'E,I -3-32 I
EXHIBIT 1 c.
ZONING MAP