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HomeMy WebLinkAboutOrdinance 872-82 • • • • ORDINANCE NO. ,F7 ?-tN An Ordinance amending the Zoning map of the City of Everett as provided by Everett Municipal Code, Title 19 (Ordinance No. 3572 as amended) TRISTAR DEVELOPMENT CO. REZONE #4-82 WHEREAS, on May 13, 1982, the City of Everett Land Use Hearing Examiner held a public hearing regarding rezoning of the hereinafter described property from R-3, Multiple Family Low Density Residential to B-1, Neighborhood Shopping with contract limiting and conditioning uses on the site, and WHEREAS, the City Council of Everett, after hearing the recommendations of the Hearing Examiner, has determined that said property should be rezoned and zoned B-1, Neighborhood Shopping 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 change to B-1, Neighborhood Shopping Zone With Contract as hereinafter set forth is in the best interest of the City of Everett and meets the purpose of the S.W. Everett Comprehensive Plan. Section 2: That the proposed zoning is based on the applicant meeting the conditions stated in the attached development contract and developing the rezoned area per the project site plan. 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-3, Multiple Family Low Density Residential to B-1, Neighborhood Shopping Zone With Contract on the following described property: Sec. 12, Twp. 28, Rge. 04 S 197' of fol. desc. tract: Beg. at a pt. 30' N of SE cor. of SW SI; th W alg. the N bdy. In of Beverly Park/Mukilteo Rd., a distance of 335' to TPOB; th W on same line for 162.9' m/1, to point 165' E of W line of E Y2 of SE Y4 of SW V; th N pll. to W line of SE ! SW Ya for 275'; th E pll. to S In. of said Sec 12 for 162.9' m/1 to a point 275' N of TPOB; th S 275' to TPOB; EXCEPT 10' strip along E line conveyed to Snohomish County for road. Section 4: That the official maps in the Building and Planning Department shall upon the passage of this Ordinance be amended, as hereinabove provided, and henceforth said property shall be used in accordance with development requirements stated in the attached contract. • Section 5: That failure to meet the conditions of the attached contract shall result in reconsideration of this rezone action by the Hearing Examiner and City Council, and future development of said parcel shall then be subject to requirement of R-3, Multiple Family Low Density Residential zone. Section 6: The City Clerk is hereby instructed to file the fully certified copy of this Ordinance with the County Auditor of Snohomish County, Washington. ATTEST CITY OF EVERETT City Clerk Mayor Elaine Moschilli William E. Moore I PASSED: - VALID: 7— 7-e2- PUBLISHED: 2PUBLISHED: 7 F� • • ;I • •' ; • • CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 5'7„9-f.2 • THIS AGREEMENT, made and entered into this,; day of Stn 1982, by and between the City of Everett, a municipal corporation, hereinafter called the • City, and Tristar Development Co., Inc., 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 parcel: Sec. 12, Twp. 28, Rge. 04 S 197' of fol. desc. tract: Beg. at a pt. 30' N of SE cor. of SW %4; th W alg. the N bdy. In of Beverly Park/Mukilteo Rd., a distance of 335' to TPOB; th W on same line for 162.9' mil, to point 165' E of W line of E Y2 of SE y4• of SW Y4; th N pll. to W line of SE y4 SW y4 for 275'; th E pll. to S In. of said Sec • 12 for 162.9' mil to a point 275' N of TPOB; th S 275' to TPOB; • EXCEPT 10' strip along E line conveyed to Snohomish County for road. 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 detailed drawings 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. 2. That participation in the cost to fund the South End Sewer Interceptor is required. The approximate cost based on the preliminary information provided is $0.234 per ft. The actual cost 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 permit issuance. 3. That in lieu of providing on-site detention, payment to City Drainage Fund 340 is required for funding of a regional detention pond. 4. That all exposed ground must be reseeded within 30 days of the completion of construction. If reseeding is not practical due to weather or seasonal problems, the ground must be covered with mulch as directed by the City Engineer. • 5. That as-builts of storm sewer will be required to be submitted as prints prior to issuance of Occupancy Permit. 6. That the duplex water service (1") shall be stubbed out from the Hardeson Road watermain prior to L.I.D. improvements. 7. That full standard street improvements will be provided under the Casino Rd. L.I.D. improvement. 8. That the driveway on Casino Road shall be 5' east of the west property line. 1. 9. That during construction, all truck traffic to and from the site within the City of Everett shall be on arterial streets unless otherwise approved by the Public Works Department. • 10. That the permit for excess fill must be coordinated with the Public Works Department. 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. That a one-year Warrantee Guarantee is required on the site landscaping which shall run for one year from the date of issuance of the Occupancy Permit for • the project. • 12. That dedication of right-of-way on Casino and Hardeson Roads pursuant to Ordinance Numbers 555-78 and 556-78 as indicated by the R.O.W. drawings prepared by the Public Works Department dated May, 1982 is required. 13. That the Applicant shall submit detailed plans for all signing to the Planning Department for review and approval prior to construction. 14. That a detailed landscaping plan be submitted to and approved by the Planning Department prior to construction showing frontage treatment on Casino and Hardeson Roads. The screening of the commercial structure along the west • property line should be consistent and continuous. This screening should extend from the southwest corner of the property to the remaining duplex. 15. If the duplex use on the north property line converts to a non-residential activity then a five foot wide, 6 foot high landscaped screen shall be provided • between that use and the single family home to the north. This condition would not apply if the adjacent property to the north converts to a commercial activity. 16. That access to Hardeson Road be limited to the point shown on the site plan dated April 30, 1982, and that if the duplex use on site is converted to a non- residential activity or when the adjacent property to the north redevelops then the driveway must be eliminated and relocated to the northern edge of the subject property. The owner of the subject property would be responsible for developing one-half of the new driveway and the costs of eliminating the proposed southern driveway. The adjacent owner to the north would be responsible for development of the other half of the new driveway. • 17. That the Applicant provide a bike rack for the use of convenience center patrons. 18. That no building permits shall be issued until a "hold harmless agreement" acceptable to the City Attorneys Office or all legal issues •are resolved regarding the challenge of the L. I. D. for the Casino Road improvements. 19. That development of the site be limited to the duplex use which. may convert to other commercial uses when all Code requirements have been met including the stipulations contained in Conditions 15 and 16 above, and the convenience store in conjunction with a range of uses including such uses as a laundrymat, cleaners, beauty shop, etc. • 2. 20. That the applicant submit a revised site plan consistent with the requirements of this report and all further City Code Requirements prior to the issuance of Building Permits. • 21. That the Applicant shall enter into an agreement with the City • ' reiterating the above conditions. • • 22. That this Agreement shall run with the land covered hereby and shall be binding upon the successors and assigns of the Sponsor. 23. That the Applicant shall be responsible for policing the area of the commercial development for litter and shall provide waste baskets in strategic locations for the deposit of litter. 24. If and when the duplex use and the use of the lot to the north convert to commercial usage, the driveway on Hardeson Road shall be removed and placed to center on the present north property line. • 25. The Applicant shall provide access easements to all property owners located north of the subject project and south of SR-526on the west side of Hardeson Road for use of this one driveway onto Hardeson Road. . • 26. 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. 27. 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. 28. 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. • • 3. • • 29. This agreement is concomitant with Ordinance No. Y7,.?-8d-of the City of Everett rezoning the above-described property to B-1 .Neighborhood Shopping Zone 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 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: Tristar Development Co., Inc. MAYOR -'e i U ice "'�'w'� , President Ste+ gM,M l William E. Moore . &cp, •D ice arber, Secretary STATE OF WASHINGTON) ss COUNTY OF SNOHOMISH) On this , 151- day of n e , 1982, before me, the undersigned, a Notary Public in anS� for he State f Washington, dulyyccommissioned and sworn, personally appeare ,V resident, and i Barber, Secretary, of Tristar Development Inc. td me p Co., known to be the individuals 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 a 1S1- day of Uci fly , 1982. Jaincita NOTARY PU LIC in and for the State of Washington, residing at • • • 5.