HomeMy WebLinkAboutOrdinance 797-81 •
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ORDINANCE NO. 79'7-8/
AN ORDINANCE amending the zoning
map of the City of Everett as provided
by Everett Municipal Code, Title 19,
Ord. No. 3572.
Rezone #2-80
48th and Evergreen Way
WHEREAS, on May 21, 1981, the City of Everett Land Use Hearing Examiner held
a public hearing regarding the rezone of the hereinafter described property from R-3,
Multiple-Family Low-Density Residential and R-1, Single-Family Low-Density
Residential to B-2, Commercial Shopping Zone, and
WHEREAS, the City Council of Everett, after hearing the recommendation of the
Land Use Hearing Examiner of the City of Everett has determined that said property
should be rezoned and zoned B-2, Commercial Shopping Zone.
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council 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 change is based on the property owners
executing the attached concomitant agreement to the rezone.
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 and R-1,
Single-Family Low-Density Residential to B-2 Commercial Shopping
Zone for the following described property:
Lot 1 through 22, Block 17, Central Park Addition to Everett, recorded
in Volume 8 of Plats, page 53, records of Snohomish County,
Washington all in Sec. 31, T. 29, R. 5, E.W.M.
Section 4: That the Official Maps in the Building and Planning Departments 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
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ATTEST:
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City Clerk
PASSED: -4'/
VALID:
PUBLISHED: 3,► •c /
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Concomitant Agreement to Rezone Ordinance No. 7 `% 7 - 4' /
This Agreement, made and entered into this 15th day of July, 1981, by and between the
City of Everett, a municipal corporation, hereinafter called the City, and Claremont
Industries, Inc., hereinafter called the Owner, WITNESSETH;
WHEREAS the Owner has made application to the City for a change in the zoning
lassification of the following described parcel:
Lots 1 through 22, Block 17, Central Park Addition to the City of
Everett, recorded in Vol. 8 of Plats, page 53, records of Snohomish
County, Washington.
Situate in the County of Snohomish, State of Washington.
WHEREAS, such rezoning and development to the new zone standards would
reate a situation where business and commercial use would abut a residential zone;
=nd the public health, safety and welfare would be best served by anticipating the
mpact of such development and imposing certain mutually agreed upon standards,
onditions and requirements;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That the site be developed in general conformance with site plan submitted.
r. That the detailed building and final site plans shall be approved by the Planning
Department of the City of Everett with neighborhood committee input prior to
the issuance of any building permits and subject to appeal to the City Council.
c. The site shall be developed for general office use and not for retail sales use.
. A detailed landscaping plan will be prepared by the Applicant and approved by
the Planning Department with neighborhood committee input with specific
attention given to the creation of an effective screen along the east edge of the
site and subject to appeal to the City Council.
5. Standard street improvements including but not limited to curbs, gutters, and
sidewalks, will be required for 47th Street starting from Carlton and extending to
Evergreen Way.
1. That standard street improvements, including but not limited to curbs, gutters,
and sidewalks, will be required on Evergreen Way between 47th Street to the
south boundary of the subject property as it fronts on Evergreen Way.
. The Applicant will agree to participate in any future LID's for the improvement
of Evergreen Way.
. A circulation plan related to the B & M commercial node shall be approved by
the City Traffic Engineer and shall address items including access, parking, and
signing.
The realignment of the intersection of Wilmington and Evergreen Way to the
City standards will be required and must be approved in a manner acceptable to
the City of Everett Traffic Engineer.
i 0. On-site detention will be required. Drainage calculations must be submitted on
the City Drainage Plans Submission Form.
11. The reseeding of all exposed earth will be required within 30 days after the
completion of earth work.
2. A fire hydrant will be required within 200 driving feet, but not closer than 50' of
every structure.
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13. A preconstruction meeting on the Civil Engineering project involving the
1 Applicant, job superintendent, contractor, all subcontractors and City staff is
required prior to approval of a Public Works Permit.
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14. An agreement reiterating the above conditions shall be concomitant with the
rezone and shall be signed by owner within five days of City Council approval or
I be subject to rehearing by Hearing Examiner and City Council.
15. That the conditions and covenants to the Wilmington Street Vacation Ordinance
No. 7 y 7-X( are incorporated herein by reference and become conditions of
this concomitant agreement. (See Attachment No. 1-B and 1-C.)
16. 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.
17. 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 restriction and shall be deemed to be covenants running with the
land and binding upon the Owners, their successors and assigns.
18. Enforcement
Any violation of this agreement by the Owners of 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.
9. This agreement is concomitant with Ordinance No. 7/-7-y,3 of the City of
Everett rezoning the above-described property to B-2, Commercial Shopping
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
n their name and the City of Everett has caused the same to be duly executed by its
ayor, the date and year first above written.
•WNERS: CITY OF EVERETT
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-, - mont ustries, Inc.
islierw, Akilif/ !'ef.---
:etty Curran, President William E. Moore, Mayor
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STATE OF WASHINGTON)
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COUNTY OF SNOHOMISH)
1 On the 15th day of July, 1981, before me, the undersigned, a Notary Public in and
;for the State of Washington, duly commissioned and sworn, personally appeared Betty
1Curran, President, and J.V. Curran, Secretary, of Claremont Industries, Inc., to me
known to be the individuals described in and who executed the within and foregoing
tnstrument, and acknowledged to me that they signed and sealed the said instrument as
heir free and voluntary act and deed for the uses and purposes therein mentioned.
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GIVEN under my hand and official seal this f"A-C4e,u$'n 1981.
NOTARY PUBLIC in and for the State of
Washington, residing at _`v'EX E ^
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