HomeMy WebLinkAboutOrdinance 951-83 I
.
ORDINANCE NO. ?S/- 8'
AN ORDINANCE, amending the Zoning
Map of the City of Everett as provided
by the Everett Municipal Code,
(Ordinance 3572, Sec. 4 as amended)
REZONE #PRD 3-83 B.R.C.R. ASSOCIATES
WHEREAS, on May 24, 1983, the Planning Commission of the City of Everett
held a public hearing regarding rezoning of the hereinafter described property from
R-1 Single Family Low Density Residential to R-1 Planned Residential
Development, and,
WHEREAS, the City Council of the City of Everett, after hearing
recommendations of the Planning Commission, has determined that said property
should be rezoned to R-1 Planned Residential Development.
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.
Section 2: That the proposed zoning designation is conditioned on the
property owners (described in the concomitant agreement) first
' executing the attached concomitant agreement to the zoning
designation which is marked Exhibit "A" and is incorporated herein
by reference.
Section 3: That the Zoning Map of the City of Everett, as established by
Everett Municipal Code, Title 19, (Ord. No. 3572, Sec. 4, as
amended) is hereby amended from R-1 Single Family Low Density
to R-1 Planned Residential Development for the following
described property:
LEGAL DESCRIPTION
Lots 4, 5, and 7, 8, 9, 10 and 12, 13, 14, 15, 16, all in Block 8, Plat
of Intercity Addition Division No. 1, per Plat recorded in Volume
II of Plats on page 9, records of Snohomish County, Washington.
Section 4: That the official maps in the Building and Planning Department of
the City of Everett shall be amended as hereinabove provided,
said property shall be used in accordance with the zone in which
the same is now established, as proivded by Everett Municipal
Code, Title 19 (Ord. #3572 Sec. 4 as amended) in accordance with
I development requirements stated in the attached concomitant
agreement.
Section 5: That the City Clerk is hereby instructed to file the duly certified
copy of this ordinance with the Auditor of Snohomish County,
Washington.
1
CITY OF EVERETT
r
r
- AYOR
ATTEST:
4---e---1-f-e---)9°V--e)c-21- -......_
City Clerk
PASSED: - /3-83
VALID: to- /
PUBLI SHED 6 -- 51-1-9
I
EXHIBIT A
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 7_5-/-;''.,3
Ref. B. R. C. R. Associates
I , 1624 Broadway
Everett, WA 98201
1
This Agreement made and entered into this 13 77,E day of
..TUNE , 1983, by and between the City of Everett, a municipal
corporation under the laws of the State of Washington, hereinafter called "City,"
II • and B. R. C. R. Associates, hereinafter called "Owner."
1
• WITNESSETH:
I WHEREAS, Owner has made application to the City for a change in the
f
zoning classification and preliminary plat/final PRD approval of the parcel
described in the attached Ordinance; and
i
WHEREAS, the Plat/PRD process provides for a total comprehensive site
o
plan review that is best served by anticipating the impacts of such development
I, and imposing certain mutually agreed upon standards, conditions and requirements;
I
and.
WHEREAS, it is believed that the zoning of the parcel described in the
attached Ordinance to an R-1 PRD designation will be in the public health, safety
and welfare of the citizens of the City of Everett; and
WHEREAS, Owner agrees to develop the aforementioned property in accor-
dance with the standards, conditions and requirements imposed herein in considera-
tion of the City considering,designating the property R-1 PRD designation and
Owner further agrees as part of said consideration should the City zone the
I property R-1 PRD, to layout, develop and maintain the property as hereinafter set
forth;
I
NOW, THEREFORE, it is mutually agreed as follows:
i Section 1: Limited Use. That Owner agrees that the layout, develop-
! ment and maintenance of the site shall be limited to that which is on the final site
plan and the preliminary plat as modified by this Agreement and approved by the
City.
Section 2: Authority. That the execution of this Agreement by both
parties hereto authorizes Owner to layout, develop and maintain the site in
accordance with the site plan as approved by Council, the preliminary plat as
approved by Council as well as the terms and conditions of this Agreement.
Section 3: Plans, Designs & Drawings Required of Owner.
A. Final Site Plan shall contain the following:
1. The location of 81 single family detached units with a
minimum of 45+ feet of lot width at building line, 4,500
square feet average lot area as shown on the final site
plan.
2. The location of parking spaces, a minimum of four (4)
offstreet spaces for the units with tWo (2) covered, two
(2) uncovered.
' 3. The location of guest parking spaces for the proposed
units with one-half (.5) parking space per unit, for a
total of 40 guest spaces.
�+ 4. A street circulation system with turnarounds as shown
11 on the preliminary site plan. (Each lot has frontage on
a public street.)
I
5. A pedestrian circulation system for the project occu-
I pants.
6. Street names that are consistent with City street name
code.
7. All additional easements that. may be required for
looping of water mains through undeveloped property.
,
8. The location of the recreation areas and number of
acres.
B. Landscaping Plan. Plantings shall be per phase in those common
4
areas, as shown on the preliminary plat map, and will be planted prior to occupancy
of the first unit in that particular phase.
i
i C. Building Design. Final building designs shall be reviewed by the
1 City's Planning and Building Departments which designs shall be within the concept
represented to the City's Planning Commission and City Council and approved by
them.
D. Erosion Control Plan.
1. A temporary erosion control plan will be required prior
to permit issuance.
1 2. All exposed ground must be reseeded within thirty (30)
days of the completion of road construction. If building
actually commences within thirty (30) days of the
completion of road construction, reseeding with not be
required. If reseeding is not practical due to weather
I or seasonal problems, the ground must be covered with
mulch as directed by the City Engineer.
E. Clearing and Grading Plan. A plan showing the extent of grading
1 and the methods of controlling erosion shall be presented to the City's Planning and
Public Works Departments. Prior to the initial submittal of an erosion control
plan, Owner agrees to meet with a representative of the City's Utilities Division to
-2-
. discuss and agree upon erosion control provisions, construction schedules and
stream relocation specifications.
F. Detailed Drawings. Detailed drawings shall be submitted to the
i City's Public Works Department showing site parking layout, landscaping, utilities,
storm drainage, temporary construction erosion control and all required improve-
i , ments 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
t •
completed, approved and warranted before the final plat approval.
Section 4: Improvements.
A. On-Site.
1
/ ' 1. Streets. The main access street shall he 24 feet of
paving and right-of-way with 10 foot utility easements
on both sides. The one way access drives shall be 20
feet of paving and right-of-way with 7 1/2 foot utility
easements on both sides. All public streets and drives
shall have rolled curbs. Right-of-way dimensions are
to the outside of the curbs.
2. Water.
' a. All systems installed must be built to standards
as approved by Public Works.
b. All water mains must meet fire flow require-
ments.
! c. A looped water system will be required on this
site as well as construction of a main on
3rd Avenue S.E. connecting to the existing dead
end mains at approximately 94th and 98th
streets.
d. Additional easements may be required for
looping water mains through undeveloped
property.
e. As-built water systems will be required and must
be in the form of the original approved con-
struction plans or photo mylar and shall be
submitted within 30 days of connection.
3. Sewer.
a. Sanitary sewer system must be constructed as
approved by the City's Public Works Department.
b. Participation in the cost to fund the Southend
{ Sewer Interceptor is required. The actual cost
I 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 final plat approval.
1
c. As-builts of sanitary sewer will be required.
They can be submitted as prints and must be
submitted before the occupancy permit is issued.
4. Drainage.
a. The applicant shall dedicate approximately
5.8 + acres to the City for development into a
regional detention pond in North Creek up to 605
i
I 4
feet contour. elevation, City of Everett datum.
This will be owned, constructed and maintained
by the City.
b. A drainage system must be developed for the
street system to convey storm water to the
storm water detention facilities.
c. A system to convey drainage from each lot to
the storm drain system must be developed.
d. As-builts of storm sewer will be required. They
can be submitted as prints and must be sub-
mitted before the occupancy permit is issued.
5. Soils. Strict compliance with the "Report of Soils
• Investigation" by Geo Engineers, Inc. shall be followed.
All plans submitted to the City's Public Works Depart-
ment shall be stamped and signed by the Engineer who
is designing the improvements. Soil testing and in-
spection is required during construction of all public
improvements and shall be performed by a certified
testing and inspection company at the developer's ex-
pense.
6. Recreation. Owner shall install an active recreation
play court which will be developed with Phase I.
7. Fire.
R. All hydrants must be in full operation prior to
framing of buildings as per the City's Fire Mar-
shall.
I' • b. Fire flow requirements must be met.
B. Off-Site.
1. 3rd Avenue S.E. must have standard half street im-
provements 22 feet to face of curb from McGill Lane to
the main entrance of Sunridge.
2. 3rd Avenue S.E. interim improvements 22 feet to face
of curb must be made from McGill Lane (south) to the
improvement at Dujardin development.
3. The dedication of 10 feet of right-of-way on
3rd Avenue S.E. along frontage. The dedication of
right-of-way on 3rd Avenue S.E. must extend south of
McGill to match Dujardin alignment. If the applicant
cannot secure this, the City will make a good faith
effort to take appropriate steps with the costs covered
by the applicant.
4. 3rd Avenue S.E. right-of-way will be cleared and
graded to facilitate new utilities and proper drainage,
as part of Phase I. Prior to Phase III occupancy, a 20
foot gravel fire lane shall be constructed per the
preliminary site plan.
5. Applicant shall petition the vacation of the
right-of-way on McGill south of Sunridge prior to
beginning Phase I.
Section 5: Work During Construction.
A. During construction, all traffic to and from the site within the City
shall be on 3rd Avenue S.E. unless otherwise approved by the City's Public Works
Department.
-4-
•
•
Section 5: Work During Construction.
A. During construction, all traffic to and from the site within the City
shall be on 3rd Avenue S.E. unless otherwise approved by the City's Public Works
Department.
B. City streets 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
City's Public Works Inspector.
Section 6: Final Site Plan Development. Owner and Owner's design
team shall meet with the City's Planning and Public Works Departments in the
early stages of the development of the final construction plans to ensure that all
conditions of final PRD approval have been met.
Section 7: Homeowner's Association. Owner shall establish a home-
1
owner's association to assume full responsibility for maintenance of all common
areas. The homeowner's documents shall be reviewed and approved by the City's
Planning Department prior to the sale of any units. "Covenants and Restrictions"
shall be a part of this package presented to the Planning Department for review
and approval.
Section 8: Occupancy Permits. No occupancy permits shall be issued
until the City's Planning Department certifies that the project has complied with
the conditions of final PRD/Plat aporoval.
Section 9: Final Subdivision Approval.
A. Limitations. Final subdivision approval must be acquired within
three years of the date of preliminary approval, after which time the preliminary
subdivision approval shall be void. An extension beyond the three year period of
time may be granted by the City for one year if the Owner has attempted in good
t faith to submit the final plat within the three year time period. Provided,
however, Owner must file a written request with the City requesting extension at
least thirty days before expiration of the three year period.
B. Phasing. The PRD/Plat project described herein may be developed
in phases as is shown on the preliminary site plan reviewed by the Planning
Commission and City Council. Final subdivision approval may be given to
individual phases provided all of the conditions, standards and requirements set
forth herein have been met per phase. Provided, however, no final subdivision
approval for any one phase of the project described herein or for the entire project,
may be given beyond three years following the date of preliminary plat approval or,
in the case of a one year extension, beyond four years following the date of
preliminary plat approval.
-5-
Section 10: 3rd Avenue Performance Guarantee. Owner shall, prior to
receiving any Phase II development permits, provide the City cash in the amount of
$40,000. The cash shall be retained by the City for five years. These funds shall
be applied towards the improvement of 3rd Avenue made by the City from the
entrance of this project on 3rd Avenue north to 92nd. In the event these funds are
not used within said period of time they shall be returned to Owner in accordance
with the requirements of RCW 82.02.020.
Section 11: Warranty Requirements. At the time of final acceptance of
public water, sewer, street and landscaping improvements, Owner shall provide to
the City a one year warranty bond or other suitable guarantee in an amount of not
less than 10% of the cost of construction in a form acceptable to the City
Attorney.
Section 12: Code Compliance.
A. Owner agrees that all construction shall conform to the requirements
of the City's Building Code in effect at the time of building permit application. In
addition, Owner agrees to comply with all applicable ordinances, statutes, regu-
lations and codes unless otherwise exempted or altered by the terms of this
Agreement.
B. Owners, and their heirs, successors and assigns, shall comply with all
City, State, and Federal laws, rules and regulations applicable to the development,
sale and maintenance of the subject property.
Section 13: Final Development Plan - Amendments Permitted When.
A. Minor changes in the location, siting, and height of buildings and
structures may be authorized by the City's Planning Director without additional
public hearings if these changes were required by engineering or other circum-
o
stances not known at the time the final plan was approved. No changes authorized
by this section may cause any of the following:
1. A change in the use, intensity, or character of the
development;
2. An increase in the overall ground coverage of struc-
tures;
3. An increase in the problems of traffic circulation;
4. A reduction in approved open space, off-street parking,
loading zones, right-of-way or pavement widths.
B. Changes in uses, rearrangement of lots, blocks, buildings, tracts, or
changes in the provision of common open space and changes other than listed above
must be made by the Council after a report from the Planning Commission. Such
-6-
' Section 14: Binding Effect. That the provisions of this Agreement shall
be binding upon and enforceable against said Owner, the Owner's heirs, successors
and assigns, and all subsequent owners, their respective heirs, successors and
assigns of the property herein described.
Section 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
11 binding upon the Owners, their successors and assigns. Provided, however, the
covenants and restrictions provided in Section 7 hereip shall not become effective
as to a particular phase of the project described herein until such time as the phase
1 receives final plat approval.
Section 16: Change of Ownership. That in the event there is a change in
ownership, it is the responsibility of the new owner to if '
# p, p y notify the City's Planning
1
i Department in writing within ten (10) days of the effective date of the change.
This provision does not relate to the sale of individual platted lots.
II Section 17: 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.
Section 18: Concomitant. That this Agreement is concomitant with the
attached rezone ordinance zoning the herein described property to R-1 PRD.
1 Section 19: Enforcement.
A. That any violation of this Agreement by the Owner, the Owner's
heirs, successors 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 the penalty and enforcement provisions herein shall not be
exclusive and the City may pursue any action, remedy or relief it deems
appropriate including, but not limited to, bringing such action as will accomplish
I
I specific performance of this Agreement.
C. That in the event the City or the Owner is required to seek
enforcement of any of the provisions of this Agreement by filing an action in court,
the prevailing party shall be entitled to reimbursement for reasonable costs and
reasonable attorney's fees incurred.
Section 20: Reconsideration. That should the Owner, Owner's heirs,
successors or assigns, or any subsequent Owner, their respective heirs, successors
I -7-
ror assigns desire to change the use of the property as permitted herein (R-1 PRD
designation), they agree to file an application with the City and to allow the City
to reconsider the R-1 PRD designation and further agree that the City may change
the zoning designation and/or terms of this Agreement if it finds that the proposed
change of use does not comply with the R-1 PRD designation.
Section 21: 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.
IN WITNESS WHEREOF, the Owners have caused these presents to be
I 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.
i
OWNER: B. R. C. R. ASSOCIATES,
I A GENERAL PARTNERSHIP
, Aa-,'")/1-J r) • 47 -N----
RICHARD J. BOYDEN'
I
•
JUDITH ANN BOYDEN v
-%'__.>olm---Agr,----
-
HEN M. ROBINETT
•
� 1
/ // /) i . L 1/
DONNA J. BIN TT
`-^TA,,,...."(1, arn
, --601-----iLt --)7‘,./t,-
FR D A. COFFEY, JR.
1
; 1°-:C(49e--) ji)
0 JAN) COFFEY /
/' /`I - i241... -,- -&t
JOI N A. ROBINETT
-Jed-J.3- .'-Ze--e0--e 72/-;- --/eZZ -
ELIZBETH R. ROBINETT
1
i
1
-8-
8
.
STATE OF WASHINGTON)
i. ss:
COUNTY OF SNOHOMISH)
. On this 8th day of July , 1983, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
d and sworn, personally appeared Richard J. Boyden and Judith Ann Boyden
to me known to be the individuals
• described in and who executed the within and foregoing instrument, and acknow-
ledged 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.
--I- -c--) 77Z:f-c,-(7.
• . NOTARY PUBLIC in and for the State of
Washington, residing at Bothell
I
STATE OF WASHINGTON)
ss:
COUNTY OF SNOHOMISH)
On this 8th day of July , 1983, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared Henry M. Robinett and Donna J. Robinett
to me known to be the individual-3
described in and who executed the within and foregoing instrument, and acknow-
ledged 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.
NOTARY PUBLIC in and for the State of
Washington, residing at Bothell
STATE OF WASHINGTON)
ss:
COUNTY OF SNOHOMISH)
„- , _ T„lv +nnn 1...,4'..n, ma fho
STATE OF WASHINGTON
ss.
County of Snohomish SAFECO
On this 8th day of July , 19_83 , before me personally appeared
HenryM. Robinett
y ,who executed the within instrument as Attorney in
Fact for Fred A. Coffey, Jr. & Jane Coffey and acknowledged to me that he/she signed and sealed
the same as his/her free and voluntary act and deed as attorney in fact for Fred A. Coffey, Jr. & June Coffey
for the uses and purposes therein mentioned, and on oath stated that the power of attorney authorizina the
execution of this instrument has not been revoked and that the said Fred A. Coffey, Jr. & Jane Coffey
Xnow living,andUnot incompetent.
are are
Given under my hand and official seal the day and year last above written.
(Seal) /f
(Signature)
1 ; Notary Public in and for the State of Wa.chinoton,residino at Bothell_
-9-
• V
: , i
1' •
STATE OF WASHINGTON)
ss:
COUNTY OF SNOHOMISH)
On this day of , 1983, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared
to me known to be the individual
described in and who executed the within and foregoing instrument, and acknow-
ledged 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.
I WITNESS my hand and official seal hereto affixed the day and year first
above written.
i
NOTARY PUBLIC in and for the State of
IWashington, residing at .
CITY OF EVERETT
\.____ __) 6---- ----7----
/ ' -- e2 7.,_,/-4--M-e----
WILLIAM E. MOORE, Mayor
I
ATTEST:
l
! Q .
-it--C-f-02) 977' 3.--,
CITY CLERK
I APPROVED AS TO FORM:
1 . ------ Vl
CITY ATTO ' EY
STATE OF WASHINGTON)
ss:
COUNTY OF SNOHOMISH)
On this /47 day of .�-�- -�y, , 1983, before me, the
undersigned, a Notary Public in and foLVthe 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 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 authorized to execute the said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
•
OTARY PUBLIC in and for the State of
Washington, residing at ..�y1. %�. .
-10-