HomeMy WebLinkAboutOrdinance 784-81 . [ 1
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ORDINANCE NO. 7 `/_f/
AN ORDINANCE amending the Zoning
Map of the City of Everett as provided
by Everett Municipal Code, Title 19,
Ord. No. 3572.
Rezone # 1-81 Elliott
6629 Beverly Boulevard
WHEREAS, on April 2, 1981, the City of Everett Land Use Hearing Examiner
held a public hearing regarding the rezone of the hereinafter described property from
R-1 Single-Family Low-Density Residential and R-3 Multiple-Family Low-Density
Residential Low-Density Residential to B-1, Neighborhood 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
revision should be rezoned and zoned B-1, Neighborhood 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 owner
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-1, Single-Family Low-Density Residential
and R-3, Multiple Family Low-Density Residential to B-1,
Neighborhood Shopping Zone for the portions of the following
described parcel not presently zoned B-1, Neighborhood Shopping
Zone:
That portion of the Southeast quarter of the Southeast quarter of
Section 6, Township 28 North, Range 5 East, W.M., AND that portion
of Lot 17, Plat of North Beverly Park lying within the following
described tract:
Beginning at the Southwest corner of Lot 17; thence Northeasterly
along the Northwesterly line 36 feet; thence Southeasterly 195 feet,
more or less, to a point North 02 22'45" West 38 feet from a point
213.99 feet from the Northwesterly end of a line drawn from the
SouthwesI corner of Lot 17 to the Northwest corner of Lot 18; thence
South 02 22'45" East 38 feet; thence West to the Easterly line of
county road; thence Northeasterly 70.11 feet to the true point of
beginning.
Situate in the County of Snohomish, State of Washington.
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.
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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 OFc7/1
EVERETT
�Mayor O Te
ATTEST:
222.6')
City Clerk
PASSED: $-aa - S'/
VALID: S--0? 7-2/
PUBLISHED: 3--,2 9-I/
Concomitant Agreement to Rezone Ordinance No. 71S7= I
This Agreement, made and entered into this 21st day of May 1981, by and between the
City of Everett, a municipal corporation, hereinafter called the City, and Edward J.
Myszkowski and Alice M. Myszkowski, 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:
That portion of the Southeast quarter of the Southeast quarter of
Section 6, Township 28 North, Range 5 East, W.M., AND that portion
of Lot 17, Plat of North Beverly Park lying within the following
described tract:
Beginning at the Southwest corner of Lot 17; thence Northeasterly
along the Northwesterly line 36 feet; thence Southeasterly 195 feet,
more or less, to a point North 02°22'45" West 38 feet from a point
213.99 feet from the Northwesterly end of a line drawn from the
Southwest corner of Lot 17 to the Northwest corner of Lot 18; thence
South 02°22'45" East 38 feet; thence West to the Easterly line of
county road; thence Northeasterly 70.11 feet to the true point of
beginning.
Situate in the County of Snohomish, State of Washington.
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 landscaping be provided in accordance with Section 19.42.030, A and B
Everett Municipal Code.
,I 2. That a specific landscaping plan be submitted to and approved by the Planning
Department. This plan shall indicate types of plantings, spacing of plantings,
size of plant material at time of installation and the general location of these
plantings on a site plan.
j 3. That an agreement reiterating the above conditions shall be concomitant with
'I the rezone and shall be signed by the Applicant prior to City Council approval.
�j 4. 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.
5. 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
'1 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.
6. 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.
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�i 7. This agreement is concomitant with Ordinance No. 7P .//"of the City of
ii Everett rezoning the above-described property to B-1 Neighborhood Shopping
classification. Nothing herein shall be construed as being agreed to in
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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: MAYOR:
,
• o ,, ?�. ,_((i Oji i I ,
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STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH)
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On this / day of fltet. , 1981, before me, the undersigned, a Notary
Public in and for the State of Washi tton, duly commissioned and sworn, personally
appeared Edward J. Myszkowski and Alice M. Myszkowski to me known to be the
j 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 Y- day of An , I
1981.
ii NOTARY PUBLAC in and for the State of Washington,
residing at ,20Ceh-.,,,
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