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HomeMy WebLinkAboutOrdinance 767-81 • ORDINANCE NO. g6 7 -1/ An Ordinance amending the Zoning Map of the City of Everett, as provided by Everett Municipal Code, Title 19 (Ordinance 3572) DUJARDIN PRD PH. II WHEREAS, on February 24, 1981, the Planning Commission held a public hearing regarding rezoning the hereinafter described property from R-1 Single Family-Low-Density Residential and C-I, General Commercial zones to R-1 Single- Family Low-Density and C-1 General Commercial Planned Residential Development, and WHEREAS, the City Council of Everett, after hearing the recommendations of the Planning Commission of the City of Everett, has determined that said property should be rezoned and zoned C-1/R-1, Single-Family Low-Density Planned Residential Development (per Ordinance 414-76, Section 7D) NOW THEREFORE, the City of Everett does ordain: Section 1: That the City Council of the City of Everett does hereby find that the PRD zoning change hereinafter set forth is in the best interest of the City of Everett, and meets the purpose and requirements of the Planned Residential Development Ordinance No. 414-76 and the 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 Muncipal Code Title 19 (Ordinance 3572, Section 4, as amended) is hereby amended as follows: That portion of Lots 1,2,3,4,5 and 9, Block 12, of the Plat of Intercity Addition No. 1, as per Plat recorded in Volume 11 of Plats on page 9, records of Snohomish County, Washington, lying Southwesterly of a line which is parallel with and lies 90 feet Southwesterly as measured perpendicular to the Northeasterly line of said Lots 1,2,3,4, and 5. TOGETHER WITH the East 160 feet of Lot 11, Block 12, and the East 160 feet of the South 10 feet of Lot 10, Block 12, of said Plat of Intercity Addition Division No. 1, all situated in the S.E. Y4, Sec. 13, T. 28N., R. 4E. • Section 4: That the official zoning map shall upon the passage of this Ordinance be amended by the City Clerk, 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 Planning Commission and City Council, and future development of said parcel shall then be subject to requirements of R-1, Single-Family Low-Density Residential and C-1, General Commercial 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 41011— IOW City Clerk Mayor PASSED: VALID: - g 'f1 PUBLISHED: • • • DEVELOPMENT CONTRACT FOR DUJARDIN PRD PHASE II r , Ii The City of Everett, a municipal corporation, hereinafter called the City, and Dujardin Custom Homes, Inc., hereinafter called the Applicant, mutually agree as ii .follows: Final Development Plan Approval and subsequent issuance of construction permits II for the Dujardin PRD Phase II on the parcel described in Rezone Ordinance No. • 11 747-- ( shall comply with the following conditions and requirements: 1. That Phase II of the project be developed according to the final site plan and will consist of the following elements: A. Easterly Parcel 1. 10 units in the form of one fourplex and two triplexes. 1 2. Preservation of a 4,875 square foot grove of cedar trees. • (65 feet by 75 feet in the northeast corner of the site.) 3. A private cul-de-sac internal road system with only one ii connection to 3rd Avenue. 4. 21 parking spaces as indicated on the site plan. B. Westerly Parcel • 1. 14 units in the form of 2 fourplexes and 3 duplexes. 2. Maintaining the North Creek corridor in open space as shown on the final site plan with a trail system to be developed to provide for pedestrian movement through the open space area. 1I 3. A private secondary street system limited to two points of ingress and egress on Intercity. 11 2. Landscaping Plan: That the landscaping plan show typical planting around units, parking areas, open space areas, and the perimeter of the site. These detailed final plans shall be submitted and approved by the Planning Department prior to initiation of any site work. On the easterly parcel the grove of cedars shall be preserved in the northeastern corner of this parcel as indicated on the final site plan. Any clearing or removal of vegetation in this area shall be done by hand and all cedar trees in this area shall be retained. This area shall be fenced during the construction II phase to prevent any accidental damage to the cedar grove. 3. Phasing: That Phase II of the project is given Preliminary PRD approval. 4. Off-site Improvements: That Dujardin Custom Homes, Inc., shall provide a covenant for Power of Attorney for an L.I.D. for improvements on Intercity Ave. and 2nd Ave. f1: Internal Roads: In Phase II internal streets are to be 24 feet wide,with 00.1) perpendicular parking on both sides of the private street. These internal if roads shall be constructed to City standards excluding width. ij s � � <� e ;� / ce,,d ,-1/ifry. // 1{ fr ,,,„... • it ' • .f 6. Utilities: All water and sewer improvement designs shall be reviewed by Public Works per standards. 7. Drainage: City drainage ordinance shall be complied with during and after construction. Any work in the stream corridor will require State • II Department of Game or Fisheries Hydraulic Project approval. i! 8. Recreation: Phase II plans include the preservation of a grove of cedar trees and the retention of the North Creek corridor in open space. There �i shall be a trail system developed adjacent to this open space system. • { 9. Clearing and Grading Plan: A plan showing the extent of grading and the • �I methods for controlling erosion shall be presented to the Planning and Public Works Departments prior to site work. . I 10. Sewer/Water Fees: Public Works Department shall make the determination on the need for any fees in the area of utilities. The developer will be required to participate in the program to fund the South End Sewer Interceptor. • 11. A detailed drawing shall be submitted to the Public Works Department showing parking layout, landscaping, driveways, utilities, storm drainage, �j and all required improvements to the public right-of-way. Public Works Ij Department approval of these drawings is required before any permits 1 are issued. All improvements shall be completed before the Occupancy Permit is issued. As-builts, easement, and a one year Warrantee Bond in the amount of 10% of the cost of construction of the public water system are required within 10 working days of obtaining public water connection. ii i 12. City streets are to be kept clear of dirt and debris during construction. 13. During construction, all truck traffic to and from and site within the City of Everett shall be on arterial streets unless otherwise approved by the Public Works Department. 14. The approximate cost for participation in sewer capital improvements based on the preliminary information provided is $219/unit, as of 2-24- • j , 81. 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. . 15. Storm systems must he developed to transfer storm water to existing systems by approved means. 16. Temporary erosion control plan must be submitted and approved by Public Works prior to issuance of any permits. 17. On-site detention is required. Drainage calculations to be submitted on City Drainage Plan submission form. Reseeding of exposed earth is required within 30 days of completion of earth work. I I 18. Setback from North Creek must be provided per Dujardin site plan received by Planning Department 1-30-81. 19. The information provided does not adequately address proposed utilities. Any extension of City mains must be designed in accordance with City standards and based on approved plans. -7_ 11 20. Ten feet of additional right-of-way must be dedicated to the City along Third Ave. A specific amount of right-of-way to be dedicated to the • City along 2nd Ave. will be determined by the Public Works Department ' ' before final PRD approval. 21. In November, the Public Works Department and the Developers at the intersection of Intercity Avenue and South Broadway asked Council to waive immediate improvements to Intercity Avenue, and the City accept a Covenant Power of Attorney instead. This was due to extensive vertical alignment alterations that should be made as part of the ultimate improvement to that street which cannot be accomplished in a • piece-meal fashion. Council concurred with that recommendation. The Dujardin Development also falls into the same category, and, in keeping with the present plan to improve Intercity Avenue by L.I.D., we feel that if that portion of the project fronting Intercity Avenue is to remain in private ownership, Council should be asked to waive immediate im- provements and accept a Covenant Power of Attorney 22. A preconstruction conference on Civil Engineering Portion of project may be required prior to approval of Public Works permit. The Applicant shall arrange meeting involving Applicant, job superintendent, contractor, all subcontractors, Fire Marshal, Planning Department Coordinator, Building Department Coordinator, Public Works Coordinator, Public Works Inspector, and City Traffic Engineer. 23. A fire hydrant is required within 200 driving feet but not closer than 50 feet of every structure. 24. Entries: All units shall be provided with a semi-private entrance. This { shall be accomplished either through the use of landscaping, staggering iI of individual dwelling units, or through fencing to provide the desired ► visual separation. 25. Relationship to Topography: All units shall be designed to conform to the greatest extent possible to the existing topographic conditions. 26. Bonding: A bond shall be posted to guarantee compliance with the final landscaping plan. 27. Occupancy: No occupancy permits shall be issued until the Planning Department certifies that the Dujardin project has complied with the conditions of the PRD approval. . II. E i ' • - ii • • �� • COMPLIANCE: The Applicant agrees to develop the Planned Residential Development on the parcel described in Rezone Ordinance No. ?6-7.--'6-/ according to the foregoing conditions. Any change in ownership of the property shall require written notice to the City of II • Everett Planning Department within 10 days, after which a meeting shall be held with the new owner and his design team. AGREED TO THIS .7 DAY OF Of1 a v( L , 1981. • 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. OWNER: MAYOR: �; 4 is r.D i l� C t'S 7 u.-, )-1<-14,• AMID .K'C, 1�6i ''i-c'./ '...01111111111111101,1:101041, STATE OF WASHINGTON) ss COUNTY OF SNOHOMISH) On this 2A, day of wtiA1 ' 1981, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally ! appeared Dave Dujardin, President of Dujardin Custom Homes, Inc., to me known to be the individual described in and who executed the within and foregoing instrument, j and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 'LCA Ft- day of OA frc L. , 1981. II' • )27-61-7 NOTARY PUC in and Aor the State of Washington, residing at ( `-G I.