HomeMy WebLinkAboutOrdinance 1000-84 ORDINANCE NO. /000-
An
O. /4'U•-An Ordinance amending the Zoning Map of the
City of Everett, Ordinance No. 3572
(Everett Municipal Code, Title 19)
Rezone #6-83
Kroeze Bros.
WHEREAS, on November 15, 1983, the Planning Commission held a public
hearing regarding rezoning of the hereinafter described property from R-1,
Single-Family Low Density Residential to C-1, General Commercialwith
contract, and
WHEREAS, the City Council of Everett, after hearing the
recommendation of the Planning Commission of the City of Everett, has
determined that said property should be rezoned and zoned C-1, General
Commercial with contract.
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council of the City of Everett does
hereby find that the zoning change hereinafter
set forth is in the best interest of the City of
Everett and meets the purpose of the
Comprehensive Plan as amended by Resolution
No. a3 77 .
Section 2: That the proposed zoning change is based on the
owner meeting the conditions stated in the
attached Concomitant Agreement and developing the
rezoned area per the project site plan approved
by Planning Commission on November 15, 1983.
Section 3: That the Zoning Map of the City of Everett, as
established by Everett Municipal Code Title 19
(Ordinance 3572, Section 4, as amended) is hereby
amended from R-1, Single Family Low Density
Residential to C-1, General Commercial subject to
contract on the following described property:
8219 Spokane Drive
Part of the Southwest quarter of the Southwest quarter
of Section 8, Township 28 North, Range 5 East, W.M. ,
described as follows: Beginning at the Southwest corner
of said Section 8; thence north along the west line of
said section for 675.2 feet to the Northwest Corner of
the Southwest quarter of the Southwest quarter of the
Southwest quarter of Section 8, the true point of
beginning; thence easterly along the north line of said
Southwest quarter of the Southwest quarter of the
Southwest quarter for 151.86 feet, more or less, to the
intersection with the west line of State Road Number 1
(Pacific Highway - Broadway Cutoff); thence southerly
along the west line of State Road Number 1 for 182.65
feet; thence on a curve to the right with a radius of 66
feet, consuming an angle of 91 degrees, 36 minutes, 12
seconds for 105.52 feet to the intersection with the west
line of said Southwest quarter of the Southwest quarter
of the Southwest quarter; thence northerly along said
west line to the point of beginning; except that portion
thereof, described as follows: Beginning at the
Southwest corner of said Section 8; thence north along
the west line of said Section for 675.2 feet to the
Northwest corner of the Southwest quarter of the
Southwest quarter of the Southwest quarter of said
Section, the true point of beginning; thence easterly
along the north line of said Southwest quarter of the
Southwest quarter of the Southwest quarter for 151.86
feet, more or less, to a point of intersection with the
west line of State Road Number 1 (Pacific Highway -
Broadway Cutoff); thence southerly along the west line of
State Road Number 1 for 77.01 feet; thence angle 180
degrees to become tangent to a curve to the left; thence
on a curve to the left having a radius of 20 feet and a
central angle of 103 degrees, 49 minutes, 54 seconds, an
arc distance of 36.24 feet; thence west parallel with the
north line of said Southwest quarter of the Southwest
quarter of the Southwest quarter of said Section for
86.12 feet; thence on a curve to the left having a radius
of 20 feet and a central angle of 96 degrees, 20 minutes,
25 seconds, an arc distance of 33.63 feet to a point of
tangency with the west line of said Section; thence
northerly along the west line of said Section to the
point of beginning, situated in the County of Snohomish,
State of Washington.
8214 Broadway
That portion of the Southwest quarter of the Southwest
quarter of Section 8, Township 28 North, Range 5 East,
W.M. , described as follows:
Commencing at the Monument at the Southwest Quarter of
Section 8, Township 28 North, Range 5 East, W.M. ; thence
Northerly along the west line of said Section 8 for 675.2
feet to the Northwest corner of the Southwest quarter of
the Southwest quarter of the Southwest quarter of said
Section 8, the true point of beginning; thence South 88
degrees 07 minutes 26 seconds east along the north line
of the Southwest quarter of the Southwest quarter of the
Southwest quarter 154.19 feet to the westerly line of
State Road Number 1 (Pacific Highway - Broadway Cutoff) ;
thence north 20 degrees 59 minutes 01 seconds, east along
the westerly line of said highway for 99.46 feet; thence
north 88 degrees 7 minutes 26 seconds, west 188.41 feet
to the west line of said Section 8; thence south. 00
degrees 52 minutes 00 seconds, west along the west line
of Section 8 a distance of 94.01 feet to the true point
of beginning, situated in the County of Snohomish, State
of Washington.
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8217 Beverly Blvd.
Lots 13 and 14, Block 4, Beverly Park, according to the
plat thereof recorded in Volume 8 of Plats, page 24,
records of the Auditor of the County of Snohomish,
State of Washington.
Section 4: That the official map shall, upon the effective
date of this Ordinance and the recording of the
executed Concomitant Agreement described in
Section 5, be amended by the Planning Department,
as hereinabove provided, and henceforth said
property shall be used in accordance with the
zone in which the same is now established, as
provided by Everett Municipal Code (Ordinance No.
3572) as amended and in accordance with the
Concomitant Agreement described in Section 5.
Section 5: That the rezone of the herein described property
is subject to and conditioned upon the terms,
provisions and conditions of the Concomitant
Agreement which is marked Exhibit A and is
attached hereto and incorporated herein by
reference.
Section 6: The City Clerk is hereby instructed to file the
duly certified copy of this Ordinance with the
County Auditor of Snohomish County, Washington.
ATTEST: CITY OF EVERETT
1111
411ib ,
City Clerk Mayor
Passed: .'-4s- Sy
Valid: j - 56 -i/
Published: , _3 _F1
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Exhibit A
Concomitant Agreement to Rezone Ordinance No. j 000 -�7
for the area north of Beverly Boulevard
Broadway Intersection (Kroeze Bros. )
THIS AGREEMENT, made and entered into this ,,?6"-^7M day
of ;a,vu� �x , 198' , by and between the City of Everett, a municipal
corporation, hereinafter called the City, and Kroeze Bros. , hereinafter
called the Owner, WITNESSETH:
WHEREAS, the owner has made application to the City for a change in
the zoning classification of the following described parcels:
8219 Spokane Drive
Part of the Southwest quarter of the Southwest quarter of
Section 8, Township 28 North, Range 5 East, W.M. , described as
follows: Beginning at the Southwest corner of said Section 8;
thence north along the west line of said section for 675.2 feet
to the Northwest Corner of the Southwest quarter of the
Southwest quarter of the Southwest quarter of Section 8, the
true point of beginning; thence easterly along the north line of
said Southwest quarter of the Southwest quarter of the Southwest
quarter for 151.86 feet, more or less, to the intersection with
the west line of State Road Number 1 (Pacific Highway - Broadway
Cutoff) ; thence southerly along the west line of State Road
Number 1 for 182.65 feet; thence on a curve to the right with a
radius of 66 feet, consuming an angle of 91 degrees, 36 minutes,
12 seconds for 105.52 feet to the intersection with the west
line of said Southwest quarter of the Southwest quarter of the
Southwest quarter; thence northerly along said west line to the
point of beginning; except that portion thereof, described as
follows: Beginning at the Southwest corner of said Section 8;
thence north along the west line of said Section for 675.2 feet
to the Northwest corner of the Southwest quarter of the
Southwest quarter of the Southwest quarter of said Section, the
true point of beginning; thence easterly along the north line of
said Southwest quarter of the Southwest quarter of the Southwest
quarter for 151.86 feet, more or less, to a point of
intersection with the west line of State Road Number 1. (Pacific
Highway - Broadway Cutoff) ; thence southerly along the west line
of State Road Number 1 for 77 .01 feet; thence angle 180 degrees
to become tangent to a curve to the left; thence on a curve to
the left having a radius of 20 feet and a central angle of 103
degrees, 49 minutes, 54 seconds, an arc distance of 36.24 feet;
thence west parallel with the north line of said Southwest
quarter of the Southwest quarter of the Southwest quarter of
said Section for 86.12 feet; thence on a curve to the left
having a radius of 20 feet and a central angle of 96 degrees, 20
minutes, 25 seconds, an arc distance of 33.63 feet to a point of
tangency with the west line of said Section; thence northerly
along the west line of said Section to the point of beginning,
situated in the County of Snohomish, State of Washington.
8214 Broadway
That portion of the Southwest quarter of the Southwest quarter
of Section 8, Township 28 North, Range 5 East, W.M. , described
as follows:
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Commencing at the Monument at the Southwest Quarter of Section
8, Township 28 North, Range 5 East, W.M. ; thence Northerly along
the west line of said Section 8 for 675.2 feet to the Northwest
corner of the Southwest quarter of the Southwest quarter of the
Southwest quarter of said Section 8, the true point of
beginning; thence South 88 degrees 07 minutes 26 seconds east
along the north line of the Southwest quarter of the Southwest
quarter of the Southwest quarter 154.19 feet to the westerly
line of State Road Number 1 (Pacific Highway - Broadway Cutoff) ;
thence north 20 degrees 59 minutes 01 seconds, east along the
westerly line of said highway for 99.46 feet; thence north 88
degrees 7 minutes 26 seconds, west 188.41 feet to the west line
of said Section 8; thence south 00 degrees 52 minutes 00
seconds, west along the west line of Section 8 a distance of
94.01 feet to the true point of beginning, situated in the
County of Snohomish, State of Washington.
8217 Beverly Blvd.
Lots 13 and 14, Block 4, Beverly Park, according to the plat
thereof recorded in Volume 8 of Plats, page 24, records of the
Auditor of the County of Snohomish, State of Washington.
AND, WHEREAS, such rezoning and development to the new zone
standards would create a situation where business and commercial use would
abut a residential zone; and 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,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That the use of the property shall be limited to general office
activities that normally operate between the hours of 8:00 a.m. and
6:00 p.m. There shall not be any outdoor storage of materials on
the subject property.
2. That a six foot high cyclone fence shall be
g y provided in the side
and rear yards of the lots along the northern property line of the
subject property from Broadway to Beverly Blvd. (excluding Spokane
Drive) . The fence height shall be limited to 42" in front yard
areas along the above-mentioned northern property line at the
request of the residents.
3. Landscaping shall be provided around the entire perimeter of the
property. A specific landscaping plan shall be submitted to the
Public Works Department and reviewed and approved by the Planning
Department prior to issuance of any building permits. The
landscape treatment on the northern property line shall create a
sight obscuring barrier between the subject property and the
adjacent residential properties.
4. The northern office building shall not exceed 15 feet in height.
; 5. The southern office building shall not exceed 25 feet in height.
6. That the applicant shall dedicate sufficient lands through the
subject property to provide a total of 50 feet of right-of-way for
Spokane Drive improvements.
7. That Spokane Drive shall be improved with curb, gutter and sidewalk
on both sides.
8. That the applicant shall provide a City standard half street
improvement on the subject properties on Broadway frontage
including curb, gutter and sidewalk on the west side of the street.
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.#9 c Said 9. That the applicant shall contribute funds not to exceed $20,000 for
fee shall he the purchase of a traffic signal controller and related peripherals
placed in an for the intersection of Beverly Blvd. and Broadway.
escrow or set 10. That the egress from the parking lot to Beverly Blvd. shall be
aside in an limited to right hand turn only.
account accep-
table to the 11 . That the applicant shall vacate that portion of Spokane Drive lying
city prior to the south of the easterly extension to South Broadway.
issuance of a
That the development shall conform to the site plan submitted on
public works 12.
de * ,'rmit October 14, 1983. Any modifications determined as substantial by
p.. p the Planning Director shall activate additional hearings by the
or installation City's Hearing Examiner to amend the site plan and attached
of the above concomitant agreement.
described sig-
nal improve- 13. The applicant shall provide directional signing to route customer
rn ent which- traffic to Beverly Blvd. or Broadway.
ever comes
first 14. BINDING EFFECT. That the provisions of this Agreement shall be
binding upon and enforceable against said Owner, the Owner's
successors and assigns, and all subsequent owners, their respective
// heirs, successors, and assigns, of the property herein described.
15. RECORDING. That an executed copy of this Agreement shall be
recorded with the Snohomish County Auditor for the purpose of
subjecting the subject 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 Owners,
their successors and assigns.
16. LEGISLATIVE POWER. That nothing herein shall be construed as being
agreed to in consideration for said rezone, nor does the City
relinquish its legislative power with respect to said rezone in
consideration for this Agreement.
17. CONCOMITANT. That this Agreement is concomitant with the ordinance
zoning the herein described property to C-1 General Commercial.
18. ENFORCEMENT.
A. That any violation of this Agreement by the Owner, the Owner's
heirs, successor and assigns, and all subsequent owners, their
respective heirs, successors and assigns shall be considered a
violation of the City's Zoning Ordinance and shall be subject to
all applicable penalties.
B. That 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.
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.
C. That 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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D. That in the event the City is required to seek enforcement of
any of the provisions of this Agreement by filing an action in
court and the City if successful in obtaining said enforcement,
Owner, Owner's -heirs, successors and assigns, and all subsequent
Owners, their respective heirs, successors and assigns agree to pay j
all costs and reasonable attorney's fees incurred by the City.
19. RECONSIDERATION. That should the Owner, Owner's successors and
assigns, or any subsequent Owner, their respective heirs,
successors and assigns desire to change the use of the property as
permitted herein, they agree to file an application with the City
and to allow the City to reconsider the C-1 zoning designation and
further agrees that the City may change the zoning designation
and/or terms of this Agreement if it deems necessary.
20. NON-WAIVER. That the waiver by the 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.
1i 21 . CHANGE OF OWNERSHIP. That in the event there is a change of
ownership, it is the responsibility of the new owner to notify the
!I City's Planning Department within 10 days of the effective date of
the change.
IN WITNESS WHEREOF, the Owners have caused these presents to be
executed in their name and the City has caused the same to be duly
executed by its Mayor, the date and year first above written.
OWNERS:
/I/44-7
William eze
1 � 40.
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John Kroeze ir
I, STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On thisCOULY\Nof ��\j1VYA- , 198+ before me, the
undersigned, a Notary Public in and for te , Stat of Washington duly
ommissi end and sworn, personally appeared /'�����'v YC z.Q . QhCV
before me known to be the individuals
described herein and who executed the within and foregoing instrument, and
acknowledged to me that he/she signed and sealed the said instrument as
his/her free and voluntary act and deed for the uses and purposes therein
, mentioned.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
Ij r
NOTARY PUBL C i nd for the State
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CITY OF EVERETT
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WILLIAM E. MOORE, Mayor
ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
CITY ATTO .NEY
• y STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this �j/ day of �r,/�,.6[„d:47, 1984 before me, the undersigned,
II a Notary Public in and for t e State .f Washington, duly commissioned and
sworn, personally appeared WILLIAM E. MOORE and ELAINE MOSCHILLI, to me
Ij known to be the Mayor and City Clerk, respectively, of the City of Everett
that executed the 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
I authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
•
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NOTARY PUBLIC in and for ti e ;tate
of Washington, residing at ( ��
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