HomeMy WebLinkAboutOrdinance 882-82 1
ORDINANCE NO.
AN ORDINANCE amending the Zoning Map
of the City of Everett as provided by
Everett Municipal Code, Title 19, Ord. No.
3572, as amended, to encompass an area
south of Kasch Park to 100th Street SW.
REZONE #8-82
WHEREAS, on July 13, 1982, the City of Everett Planning Commission held a
public hearing regarding the establishment of the Comprehensive Plan and Zoning
designation for the hereinafter described property proposed for annexation to the
City; and
WHEREAS, the City Council determined, after hearing the recommendations
of the Planning Commission at public hearings on July 28, 1982 and September 1,
1982, as required by R.C.W. 35.13.170, that Planned Industrial District (P.I.D.) land
uses for said property shall be effective upon annexation to the City; and
WHEREAS, the City Council of Everett, after hearing the recommendation of
the Planning Commission has determined that said property shall be zoned M-M,
Medium Manufacturing with contract.
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council of Everett does hereby find that the
zoning designation 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 based on the property
owner executing the attached concomitant agreement to the
zoning designation.
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 to include and designate said
property to M-M, Medium Manufacturing with contract as
described below:
Legal Description: That portion of the Southeast quarter of
Section 14, Township 28 North, Range 4 East, W.M. described
as follows:
The True Point of Beginning being the Northeast corner of
said Southeast quarter of the Southwest quarter of Section
14; thence South along the center section line of said Section
14 to its intersection with the North right-of-way line of
100th Street S.W.; thence Westerly along said North right-of-
way line of 100th Street S.W. to the West line of the East half
of the West half of said Southeast quarter of the Southwest
quarter of Section 14; thence North along said West line of
the East half of the West half of the Southeast quarter of the
Southwest quarter to a point which measures 69.10 feet South
of the North line of the South half of said Southeast quarter
of the Southwest quarter of Section 14;
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thence East parallel to and 6010 feet South of said North line
of the South half of Southeast quarter of the Southwest
quarter of Section 14 to the West line of the East half of the
East half of the West half of the South half of said Southeast
quarter of the Southwest quarter of Section 14; thence North
a distance of 69.10 feet to the North line of the South half of
said Southeast quarter of the Southwest quarter of Section
14; thence East along said North line of the South half of the
Southeast quarter of the Southwest quarter of Section 14 a
distance of 235.09 feet, more or less; thence North parallel to
the center section line of said Section 14 a distance of 360.96
feet, more or less; thence East parallel to North line of said
Southeast quarter of the Southwest quarter of Section 14 a
distance of 400 feet, more or less; thence North parallel to
the center section line of said Section 14 a distance of 300
feet, more or less to intersect the North line of said
Southeast quarter of the Southwest quarter of Section 14;
thence, along said North line of Southeast quarter of the
Southwest quarter of Section 14 to the Northeast corner
thereof and the True Point of Beginning.
Section 4: That the official map in the Planning Department of the City
of Everett shall, upon passage of this Ordinance, be amended
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, Title 19
(Ord. #3572 as amended) and in accordance with development
requirements stated in the attached concomitant agreement.
Section 5: The City Clerk is hereby instructed to file the duly certified
copy of this Ordinance with the Auditor of Snohomish County,
Washington.
CITY OF EVERETT
'41;111111%Ar -464--
Mayor
ATTEST:
999 eje_e_t02,,/'
City Clerk
PASSED: q—/ f�
VALID: q-7-if Y
PUBLISHED:
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PUGET SOUND INDUSTRIAL ASSOC., II REZONE
Concomitant Agreement to Rezone Ordinance No. S
- jj This Agreement, made and entered into this 1st day of September, 1982, by and
between the City of Everett, a municipal corporation, hereinafter called the City,
and Puget Sound Industrial Assoc., II, hereinafter called the Owner, WITNESSETH:
II WHEREAS, the Owner has made application to the City for a change in the
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i zoning classification of the parcel as described in the attached Ordinance.
I! WHEREAS, such zoning and development to the new zone standards would
11 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
i! impact of such development and imposing certain mutually agreed upon standards,
conditions and requirements;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Permitted Uses
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A. All light industrial uses shall be permitted.
2. Prohibited Uses
A. Residential uses except caretaker
B. Heavy industrial users or manufacturing uses anticipated to create
significant environmental degradation
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C. Metal manufacture from raw materials such as blast furnace foundries,
forges, smelters, rolling mills
1 i D. Manufacturing of explosive material or storage thereof
E. Noxious chemical manufacture exemplified by production of fertilizer,
! petroleum, tars, creosote, asphalt, and pulp and paper production
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F. Food processing industries such as slaughter houses, fish canneries, stock
yards, tanneries and similar activities
I! G. Auto wrecking yards and junkyards
H. Sanitary land fills or any land fill operation
�I I. Excavation and processing of minerals
J. Uses whose adverse impacts on airport operations cannot be mitigated to
meet FAA Standards.
!1 K. Uses which would generate noise levels exceeding state and local
standards.
3. Buffer Zone
A. The function of building, height and distance between the existing
residential uses located to the east and south of 100th Street Southwest
shall dictate the planting material, intensity of planting or the use of
natural landforms (berms). (The buffer zone area is approximately 100
feet.)
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1 4. Natural Site Conditions
A. Development of the area will be given special attention to design and
mitigation of drainage problems.
B. Inventory of all trees over 8" is required (except alder) prior to
�i development of final site plan. Major groves of trees should be retained
in the final site plan, and individual trees retained where feasible.
C. Natural Drainage channels shall be retained in their natural undisturbed
state and with appropriate current setback requirements.
5. Building Design and Location
A. The use of site-specific energy schemes should be incorporated into
Ij overall project design.
j B. Areas within the Ldn 55 noise levels should include mitigating measures
(such as site planning, architectural design and construction techniques)
in order to achieve desired interior noise levels.
II C. Height limitations of structures adjacent to residential areas to the east
of the property shall be determined by light and shadow impacts on
existing residential uses, architectural design and landscaping, screening
or berming.
6. Transportation and Circulation
A. Main access to the property will be from 100th Street Southwest; no
traffic will be allowed to potentially access through 18th Avenue West
and any residential areas.
B. Development of the property shall assure adequate improvements, right-
of-way and pavement width along the frontage of 100th Street Southwest
to accommodate the type and ultimate volume of traffic anticipated to
be generated by the user.
C. Development of the site shall assure adequate improvements, right-of-
way and pavement width along the frontage of the property to
accommodate the type and ultimate volume of traffic anticipated to be
generated by the user.
D. The on-site circulation shall be organized so that vehicles have easy
li access to parking and loading areas. Adequate provisions shall be made
for emergency vehicle and fire access.
I� E. Paths and sidewalks shall be provided to move pedestrians safely from
parking and activity areas, and shall incorporate an access to 100th
Street Southwest.
F. The applicant shall provide bus turnouts and shelters when necessary.
7. Public Utilities
A. The sewer and water lines shall be sized to accommodate anticipated
users. Special construction standards may be imposed by the Mukilteo
Water District and the City with respect to installation.
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i B. Design, location and construction shall be done in a manner which will
preserve the integrity of existing land forms, drainageways and natural
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systems.
it C. Participation in funding of drainage facilities which utilize natural site
I features to hold, absorb or retain stormwater runoff, consistent with
City Drainage Basin Plan as required.
• ,i D. Provide adequate water flow and fire hydrants to meet the City Hydrant
Ordinance.
• 8. Lighting
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I, A. All lighting shall be shielded to prevent glare on adjoining properties and
streets.
9. Si nin
A. The placement and design of all signs shall be integrated with the
aesthetics of the site and the architectural qualities of structures.
10. Parking
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A. Visitor parking shall, whenever possible, be located at the entrance of
the building and be clearly signed.
11 1 B. Automobile parking shall be separated from loading and truck parking
areas.
C. Large parking areas shall be divided into sections containing not more
than sixty (60) parking spaces; each of these shall be divided by
11 landscaped divider strips not less than five (5) feet wide.
1 D. A minimum of one (1) parking space per three (3) employees on the
maximum working shift shall be required. This requirement may be
changed if other modes of transportation are made available.
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E. Handicapped parking spaces shall be provided at convenient locations.
II F. Pedestrian access from parking lots to structures shall be integrated into
the site design.
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i 11. Loading
A. Loading areas should not interfere with circulation to other activities
(i.e. parking and on-street movement).
B. Loading areas should not dominate the street frontage.
C. Driveway offsets, screening and landscaping shall be required on all
loading areas.
I; 12. Landscaping
1 1 A. A landscaping plan shall be developed after meeting with the Planning
Dept. It will be evaluated for its:
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(1) compatibility with contiguous uses through screening
(2) the extent in which it may create a green streetscape
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B. All parking areas designed to accommodate more than 20 cars shall have
a minimum of five (5) percent of the surface area landscaped. Planting
strips used to divide parking lot sections of not more than 60 cars each
may be used in calculating the 5% total.
13. Fences:
A. Security fences shall blend in with the overall site design.
14. Storage
A. Waste disposal and permanent outdoor storage shall be screened by
I; fencing and landscaping and be integrated with the theme of the
buildings.
15. Site Plan Review
I No permits will be issued on this site until a final site plan has been approved
by the City in accordance with the conditions of the rezone contract.
Three options: A. Staff Review
B. Hearing Examiner
C. Planning Commission
16. Contract Agreement
A. The applicant shall enter into an agreement with the City reiterating the
above conditions.
II B. This agreement shall run with the land covered hereby and shall be
I Binding upon the successors and assigns of the applicant.
C. All construction requirements as specified by the Public Works Dept.
recommendaton will have to be met.
D. All other existing City ordinances, regulations and processes shall be
iI implemented at the time of development.
i 17. Final Site Plan Development
The Applicant and his design team shall meet with the Planning Department
is and representatives from the adjacent residential areas in the early stages of
the final plan development to ensure that all conditions of the development
contract are being met by the final site design.
18. Phasing Plan
As part of the final site plan review, there shall be an indication of the
measures to be taken in achieving compatibility with adjacent residential
development during site preparation and construction of improvements.
Potential impacts to be addressed are dust, noise, and visual.
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II 19. Site Preparation
Site preparation shall not be allowed until after the final site plan approval.
20. Legal Requirements
The Owners and their 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.
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21. Recording
This agreement shall be filed in the records of 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 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. and
assigns.
22. Enforcement
Any violation of this agreement by the owners or their successors or assigns
shall be considered a violation of the Zoning Ordinance of the City of Everett
and shall be subject to all applicable penalties. In addition to said remedies,
. the City may also elect to bring such action or actions as will accomplish
specific performance of this agreement.
This agreement is concomitant with Ordinance ,5-5-2 ,f.2-of the City of Everett
rezoning the above described property to M-M, Medium Manufacturing
classification. 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.
In the event of a change in ownership, it is the responsibility of the new owner
to contact the City of Everett Planning Department within ten (10) days.
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.
OWNER: MAYOR:
OU: t Sound Industrial ssoc., II William E. Moore
STATE OF WASHINGTON;
(COUNTY OF SNOHOMISH)
On this to /ri day of Clf 0,4' , 1982, before me, the undersigned, a Notary
Public in and for the State eg Washington, duly commissioned and sworn, personally
appeared Jim Foster to me known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged to me that they signed and
sealed the said instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned. ``
GIVEN under my hand and official seal this �bJ4 day of 124rAL,
1982.
17 , '4 /..t.e-C))3
►'NOTARY PUB C in and for the State of
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