HomeMy WebLinkAboutOrdinance 762-81 •
ORDINANCE NO. 7G z -8/
An Ordinance Amending the zoning map
of the City of Everett as provided by
Municipal Code Title 19 (Ordinance No. 3572)
Rezone #5-80; Matthews
6417 Rainier Drive
WHEREAS, on December 19, 1980, the Land Use Hearing Examiner of the
City of Everett held a public hearing regarding rezoning of the hereinafter
described property from R-2, Single-Family High-Density Residential to B-2,
Community Shopping zone, and
WHEREAS, the City Council of Everett, after hearing recommendations of
the Land Use Hearing Examiner, has determined that said property should be
rezoned and zoned B-2, Community 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 agreements 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-2, Single-Family High-
Density Residential to B-2, Community Shopping Zone for the
following described property:
Parcel A: Lots 32 and 33, Block 6, Plat of Beverly Hills, Div. 2.
Parcel B: Lot 34, Block 6, Plat of Beverly Hills, Div. 2.
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
wow
ayor
ATTEST:
Clerk _ DEPUTy
PASSED: 5"/
VALID: 3- S- 1/
PUBLISHED: ,_5-//-
,f/
Concomitant Agreement to Rezone Ordinance No. 72"3/
Pertaining to Parcel A
This Agreement, made and entered into this 25th day of February 1981, by and
between the City of Everett, a municipal corporation, hereinafter called the City, and
Harry Mathews, hereinafter called the Owner, WITNESSETH:
WHEREAS, the Owner has made application to the City for a change in tile
zoning classification of lots 32 and 33, Block 6, Plat of Beverly Hills, Division 2, from,
• R-2, Single-Family High-Density Residential to B-2, Community Shopping zone, and /
•
WHEREAS, the site was excavated in 1978, and the site was not revegetated for •
j slope stabilization as had been required by the City under the Final Declaration of
I Nonsignificance issued March 17, 1978, under authority of Ord. No. 406-76, and
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. Hydroseeding Excavated Area and Bonding for Same
That the north, south, and east edges of the site that were left as steep slopes
after the 1978 excavation operation be hydroseeded in a manner satisfactory to
the City of Everett Planning and Parks Departments by April 1, 1981, and that a
120% bond, or other acceptable financial commitment be filed with the City
prior to Rezone Ord. No. i ?/ being filed with the county to insure that this
requirement is carried out. The bond or money shall not be released until April
of 1982 to insure that the hydroseeding was successful and that there is not a
substantial dead loss. If the hydroseeding is unsuccessful, hand planting is an
acceptable alternative if plant type is approved by the Planning and Parks
Departments.
2. Green Belt Between Residential and Business and Commercial Use
That any future development of the site will be subject to the zoning code
requirements under section 19.42.030B which requires a 6 foot high, 5 foot wide
I sight obscurring green belt between business and commercial uses and adjacent
residential uses.
3. Permitted Use
That it be determined by the proper officials whether the proposed use of lots 32
and 33 for trailer hitch installation is permitted under the proposed B-2 zoning
(EMC 19.26). Future use of the property must comply with the B-2 Community
Shopping Zone requirements.
4. Noise Ordinance Compliance
That lots 32 and 33 be developed in a manner that meets the requirements of the
City's Noise Ordinance 534-78, so as to not project noise on to adjacent
residential properties.
5. Public Works Requirements
a. 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.
b. All improvements shall be completed before the Occupancy Permit is
issued.
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c. As-builts, easement, and one-year Warrantee Bond in the amount of 1096 of
the cost of construction of the public water system are required within 10
working days of obtaining public water connection.
d. City streets are to be kept clear of dirt and debris during construction.
e. 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.
6. Sewer Service
Sewer service is available through a 10" main on Rainier Drive. The approximate
sewer connection fee based on the preliminary information provided is $.0891/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. Sewer connection has to be paid prior to
permit issuance.
7. Drainage
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. A temporary erosion control plan must be
approved by the Public Works Department prior to the issuance of any permits.
A Local Improvement District covenant will be required for participation in the
cost of drainage improvements on Rainier Drive or Evergreen Way as
recommended in the Pigeon Creek #1 Drainage Basin Plan.
8. Civil Engineering
A preconstruction conference on Civil Engineering portion of project is 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.
9. Water Service
For water service, a 6" line must be extended form the intersection of Lake
Street and Rainier Drive.
10. Street Improvements
Full street improvements as required by Ordinance ##555-78 as amended by Ord.
No. 665-80 to be completed on Rainier Drive at the time of construction.
111. 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.
12. 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.
13. 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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14. Construction
This agreement is concomitant with Ordinance No. 7G -f/of the City of
Everett rezoning the above-described property to the community 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
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:
` '
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH)
On this /---4Vday o ,_,. ,__1981 before me, the undersigned,z� � a Notary
Public in and for the State of ashington, duly commissioned and sworn, personally
appeared Harry Matthews and Dee Matthews to me 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 ,„.6"..:1-;X-day of�
1981.
NOTAR OUB
�/ LIC in and lor the state of Washington,
residing at
I ,
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Concomitant Agreement to Rezone Ordinance No. 7‘..1, '8
Pertaining to Parcel B
This Agreement, made and entered into this 25th day of February 1981, by and
' between the City of Everett, a municipal corporation, hereinafter called the City and
John Harvey, hereinafter called the Owner, WITNESSETH:
WHEREAS, an application has been made to the City to change the zoning
classification of Lot 34, Block 6, Plat of Beverly Hills, Division 2, from R-2, Single-
Family, High-Density Residential to B-2, Community Shopping zone, and
WHEREAS, the site was excavated in 1978, and the site was not revegetated for
slope stabilization as had been required by the City under the Final Declaration of
Nonsignificance issued March 17, 1978, under authority of Ord. No. 406-76, and
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
Iimpact of such development and imposing certain mutually agreed upon standards,
conditions and requirements;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Hydroseeding Excavated Area and Bonding for Same
That the north, south, and east edges of the site that were left as steep slopes
after the 1978 excavation operation be hydroseeded in a manner satisfactory to
the City of Everett Planning and Parks Departments by April 1, 1981, and that a
120% bond, or other acceptable financial commitment be filed with the City
prior to Rezone Ord. No.7e 2.2- Y i being filed with the county to insure that this
requirement is carried out. The bond or money shall not be released until April
I• of 1982 to insure that the hydroseeding was successful and that there is not a
substantial dead loss. If the hydroseeding is unsuccessful, hand planting is an
acceptable alternative if plant type is approved by the Planning and Parks
Departments.
2. Green Belt Between Residential and Business and Commercial Use
That any future development of the site will be subject to the zoning code
requirements under section 19.42.030B which requires a 6 foot high, 5 foot wide
sight obscurring green belt between business and commercial uses and adjacent
residential uses.
3. Permitted Use
That Lot 34 shall be developed for multi-family residential dwelling use only.
4. Access
Access shall be limited to the southernmost portion of the frontage.
5. Public Works Requirements
a. 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.
b. All improvements shall be completed before the Occupancy Permit is
issued.
c. As-builts, easement, and 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.
i d. City streets are to be kept clear of dirt and debris during construction.
e. 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.
I ,
6. Sewer Service
' Sewer service is available through a 10" main on Rainier Drive. The approximate
sewer connection fee based on the preliminary information provided is $.0891/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. Sewer connection has to be paid prior to
permit issuance.
7. Drainage
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. A temporary erosion control plan must be
approved by the Public Works Department prior to the issuance of any permits.
A Local Improvement District covenant will be required for participation in the
cost of drainage improvements on Rainier Drive or Evergreen Way as
recommended in the Pigeon Creek #1 Drainage Basin Plan.
II 8. Civil Engineering
A preconstruction conference on Civil Engineering portion of project is 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.
9. Water Service
For water service, a 6" line must be extended form the intersection of Lake
Street and Rainier Drive.
10. Street Improvements
Full street improvements as required by Ordinance 11555-78 as amended by Ord.
No. 665-80 to be completed on Rainier Drive at the time of construction.
11. 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.
12. 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.
13. 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.
I
•
.
•
•
•
14. Construction
This agreement is concomitant with Ordinance No. -J 4, a - S/of the City of
Everett rezoning the above-described property to the community 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
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:
4/4111:6,
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH)
On this // day of1981, before me, the undersigned, a Notary
Public in and for the State of r ashington, duly commissioned and sworn, personally
appeared John Harvey and Paula R. Harvey to me 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 /r,L day oftfj –.
1981.
7,refi,,-
NOTARY PUBLIC in and for the St9.te of Washington,
residing at (7=---,`"z.,/,.L, ""/ /—*
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