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HomeMy WebLinkAboutOrdinance 1049-84 ..w ._ ,' ORDINANCE NO. /6 ,5/9-.,or 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 Northwest Corner of Lenora and South First Avenue from R-2, Single Family High Density Residential to B-2, Community Business, subject to the conditions of a concomitant agreement. WHEREAS, on May 17, 1983, 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 B-2, Community Business with Concomitant Agreement; and WHEREAS, the City Council has determined that said property should be rezoned and zoned B-2, Community Business 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. 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 Business 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 B-2, Community Business, subject to the conditions of the attached concomitant agreement on the following described parcel: Town of Lowell, Block 027, Lots 1, 2, 3, 4, and 5; all situated in the County of Snohomish, State of Washington. 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. -1- I� • . • r 4 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 �.. ) C ) /„-t. e (- WILLIAM E. MOORE, Mayor ATTEST: CITY CLERK Passed: 7 ' ' FSG Valid: 7 ^ l4, Published: '7 —1 -2- ADDENDUM TO THE "BIRDSEYE" MALTBY TANK AND BARGE CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1049-84 This Agreement is made this I-f' --day of /406- , 1987, by and between the City of Everett, a municipal corporation under the laws of the State of Washington, hereinafter referred to as "City" and MTB Investments hereinafter referred to as "Owner." WITNESSETH: WHEREAS, the City and Owner executed an agreement hereinafter referred to as "Agreement," dated the 15th day of August, 1984, whereby Owner agreed to develop his property, described below: Parcel "A": Lots 4 and 5, Block 27, Plat of the Town of Lowell, Snohomish County, Washington, as per plat recorded in Volume 10 of Plats, Page 11 , records of Snohomish County. IN ACCORDANCE WITH THE STANDARDS AND CONDITIONS SET FORTH IN THE AGREEMENT; AND WHEREAS, at the time of execution of the Agreement, there were other concomitant agareements executed between the City and other Property Owners. The parcels involved in the rezone were paracels A, B, and C. Owner owns parcel "A"; and WHEREAS, Owner has commenced construction pursuant to the terms of the Agreement and, at this time, is seeking to have the Agreement amended; NOW, THEREFORE, the City and Owner mutually agree as follows: 1. The Agreement set forth standards and conditions to be applied only to Owner's property as set forth above and referenced in the Agreement as parcel "A" and not to parcels "B" and "C" also referenced in the Agreement. 2. The site plan which is attached hereto and incorporated herein as Exhibit A hereby supersedes the site plan included in the Agreement and all further layout, development and maintenance shall be according to Exhibit A. ADDENDUM TO CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1049-84 — 1 4554F • 3. All provisions of the Agreement shall remain in full force and effect except as modified herein. IN WITNESS WHEREOF, the Owner has caused these presents to be executed in his name and the City has caused the same to be duly executed by its Mayor, the date and year first above written. OWNER CITY OF EVERETT ROBE W. BIRDSEYE WILLIAM E. MOORE, MAYOR President, MTB Investments ATT T )44.7 City Clerk Approved as to Form: • y Attorney STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) On this tf-Y day of /244,a ccs T , 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 me known to be 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 each stated that they are authorized to execute the said instrument. RY PUBLIC in and for the State of Washington, residing atG -e ADDENDUM TO CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1049-84 - 2 STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) On this /5 day of6111.44 , 19 y7 , before me, the undersigned, a Notary Public in a d for the State of Washington, duly commissioned and sworn, personally appeared ROBERT W. BIRDSEYE, PRESIDENT OF MTB INVESTMENTS, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and volunteer 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. i OUV./ 4tg NOTARY PUBLIC in and for th; -Sate of Washington, residing at e� �� ADDENDUM TO CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1049-84 - 3 • r . d , MALTBY TANK AND BARGE REZONE CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. M0 IJV THIS AGREEMENT is made this /i% day of j? 4 , 1984, between HOWARD F. HEINZEN and MARGARET A. HEINZEN, 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, hereinafter referred to as the City. WITNESSETH: WHEREAS, HOWARD F. HEINZEN and MARGARET A. HEINZEN are the owners of a tract of real property approximately 2/3 acre in size located south of Zillah Street and west of South 1st Street in Everett, Snohomish County, Washington, the legal description of which is attached hereto as Exhibit C (Parcel C) and incorporated herein by this reference; and WHEREAS, Owners are seeking to have their property rezoned from R-2 to B-2; and WHEREAS, such zoning and development will provide a commercial and residential use abutting existing manufacturing and residential sections of the Lowell community in the City; and CONCOMITANT AGREEMENT - 1 I WHEREAS, the public health, safety and welfare would be best served by .nticipating the impact of such development and imposing certain mutually .greed upon standards, conditions and requirements which shall be documented erein and hereafter considered to be an integral part of the zoning estrictions applicable to the property; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PERMITTED USES A. Parcels A, B & C shall be zoned B-2. Community Shopping Zone. B. Permitted uses shall be limited to the following uses permitted in the B-2 Community Shopping Zone; offices, medical or dental clinics; medical or dental laboratories, travel agencies or dance, music, or art studios in which no retail sales occur on the premises. C. The height of all buildings will be restricted to a maximum of 35 feet. D. The type and density of residential units will be restricted to that of the R-2 zone. E. The property owned by MTB Investments, Parcel A, which is shown on the site development plan (Exhibit 5) , which is attached hereto and incorporated by reference, shall be developed as indicated by that plan. CONCOMITANT AGREEMENT - 2 F. The appearance of all commercial buildings will generally conform to the historical theme portrayed by the plans for the MTB office (Exhibit 5) . A Design Review Committee composed of the Owners of the subject property, an independent architect, and a representative of the Lowell Civic Association or its successor, shall review all building plans for all structures prior to the submittal to the City to insure that they generally conform to the design of MTB office building. 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. Parcel A (Maltby Tank and Barge) 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 per Public Works Department requirements before Occupancy Permit is issued. 2. Dedication of right-of-way of 5 feet on the east side of the alley shall be completed concurrent with or prior to the effective date of the accompanying rezone ordinance. 3. Full standard alley and street improvements are required to obtain building permit on the full frontage of Parcel A. CONCOMITANT AGREEMENT - 3 4. No direct access from the structures to be developed on the southern portion of the proposed rezone shall be allowed onto Lenora Street. Access onto Lenora Street will be limited to the alley. 5. Parking must be per City zoning code and city design and construction standards. 6. Drainage calculations must be submitted to determine if on-site detention will be required. In lieu of on-site detention, payment to the City Drainage Fund may be made. 7. All site drainage must be tightlined to the existing drainage system on Lenora Street. 8. Water main improvements will be required to be installed before building permits can be issued. 9. A fire hydrant is required within 200 driving feet but not closer than 50 feet of every structure. 10. 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. 11. Performance guarantees are required for street, alley, utility, and landscaping improvements. 12. A one-year guarantee approved by the City Engineer is required on the public street, alley utility, and landscaping 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. nnMOnMTMAMT ArDIIL'T,ft•MT - A B. Parcels B and C (Zuanich and Heinzen) 1. Dedication of right-of-way of 5 feet on the east side of the alley shall be completed concurrent with or prior to the effective date of the accompanying rezone ordinance. 2. Additional requirements related to Parcels B and C will be determined during the detailed administrative review process. (See Section 4.) 4. DETAILED ADMINISTRATIVE SITE PLAN REIVEW PROCESS (Parcels B & C) 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 that portion of the subject property then being proposed for development. B. Any site plan thus submitted shall show, or be accompanied by, the following: 1. An Environmental Checklist prepared pursuant to the State Environmental Policy Act. 2. The location and floor area size of all existing and proposed buildings and other improvements, including maximum heights, types of buildings and occupancies, if known. 3. The proposed vehicular circulation system, indicating all access points to the public right-of-way, street and driveway widths parking areas, and service areas. CONCOMITANT AGREEMENT - 5 4. The proposed pedestrian circulation system. 5. The proposed system for collecting and controlling the rate of storm and surface water runoff generated from the project. 6. All site drainage must be tightlined to the existing open ditch drainage system. C. Each detailed site plan, and accompanying materials, shall be submitted to the City of Everett Planning Department for review 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. 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. CONCOMITANT AGREEMENT - 6 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 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 Public Works Director's ruling may be appealed to the Hearing Examiner. In any event, any change resulting 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 - 7 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 running with 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. CONCOMITANT AGREEMENT - 8 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. E. Performance guarantees are required for street, alley, utility and landscaping improvements. At least 10% setoffs shall be required for such guarantees. 9. CONSTRUCTION OF AGREEMENT This Agreement is concomitant with the action of the City of Everett zoning the property to the B-2 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 - 9 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. OWNERS OF PARCEL C CITY OF EVERETT 1 — • 9 1?‘4 r/j44' HOWARD F. HE NZEN WILLIAM E. MOORE, MAYOR ATTEST ARET ;. HEINZEN -7?-2 _ ASSESSOR'S TAX NUMBERS C p�• City Clerk PARCEL C .5003 —Oc'7— 60/ 27 ---; r0 2. Approved as to Form: 'ter ity Attorn y STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) On this d/S- day of e e,6' Cc 5•T- , 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 me known to be 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. 4 ,:D. i 0 AR PUBLIC in and for t State of ashington, residing at CONCOMITANT AGREEMENT - 10 1 • STATE OF WASHINGTON) ss. OUNTY OF SNOHOMISH) On this day of U0144"-1 , 19614, before me, the ndersigned, a Not ry Public in and for the State of Washington, duly ommissioned and sworn, personally appeared HOWARD F. HEINZEN AND MARGARET A. iEINZEN, to me known to be the individuals described in and who executed the ithin and foregoing instrument, and acknowledged to me that he signed the ame as his free and voluntary act and deed for the uses and purposes therein entioned. WITNESS my hand and official seal hereto affixed on the day and year first above written. .411(1111(/ NOTARY PUBLIC in . d o thtate of Washington, residing a -L_ . !CONCOMITANT AGREEMENT - 11 • EXHIBIT C 'arcel C is owned by Howard F. and Margaret A. Heinzen and consists of Lots 1 2, Block 27, Plat of the Town of Lowell, Snohomish County, Washington, as $er plat recorded in Volume 10, of Plats, Page 11, records of Snohomish County.