HomeMy WebLinkAboutOrdinance 766-81 •
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ORDINANCE NO. W-1/
An Ordinance amending the Zoning Map of the
City of Everett as provided by Municipal Code,
Title 19, Ordinance No. 3572
Rezone No. 4-80, Seattle North Dev. Company
South of 100th St., West of I-5
WHEREAS, on January 27, 1981, the Planning Commission held a public hearing
regarding rezoning the hereinafter described property from R-3, Multiple-Family Low-
Density Residential to C-1, General Commercial, but did not make a recommendation to
City Council, and
WHEREAS, the City Council of Everett, in response to an appeal by the Applicant,
J.F. Harper, has determined that said property should be rezoned and zoned C-1, General
Commercial,
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council of the City 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 is based on the Applicant meeting the conditions
stated in the attached Concomitant Agreement.
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 C-1,
General Commercial for the following described property.
That portion of the northwest quarter of the northeast quarter of
Section 19, Township 28 north, range 5 east, W.M., described as
follows:
Commencing at the northeast corner of said subdivision; thence north 87°
49' 05" west along the north line thereof 347.60 feet to the true point of
beginning; thence south 02° 10' 55" west 345 feet; thence north 87 49' 05"
west 604.71 feet to the east line of the Puget Sound Power & Light Company
right of way, now held of record by Public Utility District No. 1 of
Snohomish County and established by deed recorded under Auditor's File No.
178970; thence north along said east line 345 feet to the north line of said
subdivision; thence east along said north line 604.71 feet to the true point of
beginning.
Together with that portion of said northwest quarter of the northeast
quarter lying west of said Puget Sound Power & Light Company right of way
and lying easterly and northerly of the northeasterly line of a road strip
being 60 feet in width lying 30 feet on each side of the following described
centerline: commencing at the northwest corner of said subdivision; thence
south 00° 49' 05" east 33.13 feet to a point on the centerline of said parcel
of land also being the true point of beginning; thence south 23° 19' 05" east
195.43 feet to the beginning of a tangent curve concave northeasterly;
thence along said curve having a radius of 275 feet through a central angle
of 49°31' 17" an arc distance of 237.69 feet to a point on the westerly line of
said Puget Sound Power & Light Company right of way and the terminus of
said centerline; except the north 30 feet thereof west of said Puget Sound
Power & Light Company right of way.
Section 4: That the Official Zoning 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. No. 3572 as amended), and in
accordance with development requirements stated in the attached
Concomitant Agreement.
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Section 5: That failure to meet the conditions of the attached Concomitant Agreement
shall result in reconsideration of this rezone action by City Council.
Section 6: That 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
Mayor
ATTEST:
y Clerk - r
PASSED: 3-//-
VALID: - ?- ,'
PUBLISHED: q'-/- 6e!
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 7‘‘ S f
This Agreement, made and entered into this f� day of� y , 1981 by and
between the City of Everett, a municipal corporation, hereinafter called the City and
Seattle North Development, owner hereinafter called the Sponsor, WITNESSETH:
WHEREAS, the Sponsor has made application to the City for a change in the I
classification of the land south of 100th Street and west of I-5, located in the City of
Everett and County of Snohomish, Washington from R-3 Multiple-Family Low-Density
to C-1 General Commercial and,
ii WHEREAS, the said rezone contemplated will necessitate all the conditions
specified on said legal described property,
That portion of the northwest quarter of the northeast quarter of Section 19, Township
28 north, range 5 east, W. M., described as follows:
Commencing at the northeast corner of said subdivision; thence north 87°49'05" west
alog the north line thereof 347.60 feet to the true point of beginning thence south
02 10'55" west 345 feet; thence north 87°49'05" west 604.71 feet to the east line of
the Puget Sound Power & Light Company right of way, now held of record by Public
Utility District No. 1 of Snohomish County and established by deed recorded under
Auditor's File No. 178970; thence north along said east line 345 feet to the north line
of said subdivision; thence east along said north line 604.71 feet to the true point of
beginning.
Together with that portion of said northwest quarter of the northeast quarter lying ',
west of said Puget Sound Power & Light Company right of way and lying easterly and
northerly of the northeasterly line of a road strip being 60 feet in width lying 30 feet
on each side of the following described centerline: commencing at the northwest
corner of said subdivision: thence south 00°08'24" east along the west line thereof
30.02 feet; thence soth 87°49'05" east 33.13 feet to a point on the centerline of said
( parcel of land also being the true point of beginning; thence south 23°19'05" east
195.43 feet to the beginning of a tangent curve concave northeasterly thence along
said curve having a radius of 275 feet through a central angle of 49 31'17" an arc
distance of 237.69 feet to a point on the westerly line of said Puget Sound Power and
Light Company right of way and the terminus of said centerline; except the north 30
feet thereof west of said Puget Sound Power and Light Company right of way.
Situate in the county of Snohomish, state of Washington.
NOW, THEREFORE, in consideration of the City Council of the City of Everett
changing the classification of the above described property from R-3 Multiple-Family
to C-1 General Commercial, the Sponsor hereby covenants and agrees as follows:
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1. That the site development be in conformance with the site plan submitted
January 5, 1980 with the modifications required in the Staff Report to Planning
Commission.
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2. That a detailed landscaping plan be prepared by the applicant and approved by
the Park and Planning Departments prior to any construction on the site. The
applicant shall provide a bond or other financial commitment, to insure
maintenance of the landscaping and to replace any dead loss that occurs in the
first two years of operation. There shall be at a minimum 56 evergreen trees
(not to include Fir or Hemlock) on 20 foot centers provided on the south, west,
and east sides of the site, a minimum of 8 feet in height at time of planting, to
lessen the visual impact of the massive warehouse structure on the adjacent
residential uses.* In addition, the landscaping plan shall provide for additional
planting of the south, east and west sides of the site to complement the tree
planting and to provide a substantial ground cover.
* The type of planting on the west side of the site shall be chosen so as to not
adversely impact Snohomish County P.U.D. #1 power lines adjacent to the site.
3. The south and east sides of the site shall be bermed so that not more than 25 feet
of the proposed warehouse wall is visible from the south and east.
4. A detailed drawing shall be submitted to the Public Works Department showing
parking layout, landscaping, driveways, utilities, storm drainage, and all required
improvements to the public right-of-way. Public Works Department approval of
these drawings is required before any permits 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.
5. City streets are to be kept clear of dirt and debris during construction.
6. 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.
7. Current sewer connection fee for warehouse land use is $.0213/sq. ft.
8. A storm water detention system acceptable to the Public Works Department
shall be provided.
9. Applicant must clarify if access is to be by easement, as suggested on site plan.
10. Provide Power of Attorney for street improvement LID's on:
a) 100th (7th to PUD)
b) North/south Arterial
c) South Broadway
11. Show perpetual access agreement to Mall.
12. All buildings to be set back 40 feet from North section line.
13. A 20 foot easement 10 feet on each side of installed line is required for public
waterlines within the site.
14. Correct vicinity sketch to reflect public ownership of street right-of-way rather
than "Private Road" west of PUD.
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1 15. This agreement shall run with the land covered hereby and shall be binding
upon the successors and assigns of the Sponsor. The covenants, agreements and
conditions herein contained shall extend to and be obligatory upon and inure to
the benefit of any corporation to be formed by the Sponsor for construction and
operation of any proposed use included in C-1 Zoning district, City of Everett
i Zoning Code 113752.
j CITY OF EVERETT
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ATTEST: , "9_1,:e __„,9 2— I«L �/ ,t¢----
C' lerk -. 1>4r/'tTY Mayor
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SEATTLE NORTH DEVELOPMENT
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