HomeMy WebLinkAboutOrdinance 732-80 1,
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ORDINANCE NO. 73,,2- RO
An Ordinance amending the zoning
map of the City of Everett as provided
by Municipal Code, Title 19 (Ordinance
No. 3572).
Rezone #1-80; Gilbertson;
South Broadway between 1st and 2nd Avenue
WHEREAS, on August 26, 1980, the Planning Commission held a public hearing
regarding rezoning of the hereinafter described property from R-S, Single-Family
Suburban Residential and R-1, Single-Family Low-Density Residential to C-1, General
Commercial zone, 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, General Commercial.
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 applicant meeting the
conditions stated in 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. #3572, Section 4, as amended) is hereby
amended from R-S, Single Family Suburban Residential and R-1, Single-
Family Low Density Residential to C-1, General Commercial for the
following described property:
Parcel A: All of Lot 14, and that portion of Lot 15, Block 11, Plat of
Intercity Addition, Division #1, a replat of Block 6, according to the
plat thereof recorded in Volume 11 of Plats, page 63 records of the Auditor
of the County of Snohomish State of Washington described as follows:
Beginning at the Northwest corner of said Lot 15; thence South
58 20' East along the Northerly line of said lot 163.62 feet; thence
South to the South boundary of the Southeast V4 of Section 13, Township
28 North, Range 4 East, W.M.; thence West along said South line
of the Southwest corner of Lot 15; thence North along the West
line of said Lot 15 to the point of beginning.
Parcel B: East Y2 of the Northwest Y4 of the Northeast lying North
of Broadway Cut-Off less the West 400 feet and less East 15 feet as
measured along the North line. All in Section 24, Township 28 North,
Range 4 East, W.M.
Parcel C: A portion of Lot 15, Block 11, Plat of Intercity Addition Division
#1, a replat of Block 6, a per plat filed of record in Volume 11 of Plats,
page 9 records of Snohomish County, Washington described as follows:
Beginning at the Northwest corner of said Lot 15; thence South
58620' East along the Northerly line of said lot a distance of 163.62
feet to the true point of beginning; thence continuing South 58°20'
East a distance of 135.5 feet; thence South a distance of 65.5 feet,
more or less, to the South line of the Southeast V4 of Section 13,
Township 28 North, Range 4 East, W.M.; thence West along the
South line a distance of 100.0 feet; thence North to the true point of
beginning. Lying in Section 13, Township 28 North, Range 4 East,
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: 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.
Section 6: 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:
City Clerk
PASSED: Y.-.2171-id
VALID: 9-a9 So
PUBLISHED: /.a -tO
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L� EXHIBIT 1
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`�. :'.! Zoning
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CITY OF EVERETT
ZONING AND DEVELOPMENT AGREEMENT
REZONE NO . 1- 80
THIS AGREEMENT , made this x„411—day of S.€ f-frrlopt. , 1980
by and between MERLIN R. GILBERTSON and BEVERLY GILIERTSON , husband and
wife, hereinafter called "Owners" , and the CITY OF EVERETT , a. municipal
corporation of the State of Washington hereinafter called "City" ,
WITNESSETH:
WHEREAS , the Owners are contract purchasers of a tract of
real property located within the City of Everett , Snohomish County ,
Washington generally described as being 2 . 12 acres- fronting on the north
side of South Broadway (Diagonal Way) between First and Second Avenue
S.E. , and legally described as follows :
PARCEL A: All of Lot 14 and that portion of Lot 15 ,
Block 11 , plat of Intercity Division No . 1 , a replat
of Block 6 , according to the plat - thereof recorded
in Volume 11 of Plats , page 63 , records of ' the Auditor
of the County. of Snohomish', State of Washington ,
described as follows :
Beginning - at the Northwest 8orner of
said Lot 15 ; thence South 58 20 ' East along
the Northerly line of said Lot 163 . 62 feet ;
thence South to the South boundary of the
• Southeast quarter of Section 13 , Township
28 North, Range 4 East , W.M. ; thence West
along said South line to the Southwest
corner of Lot 15 ; thence North along the 'West
line of said Lot 15 to the point of
beginning.
PARCEL B : East half of the Northwest quarter of the.
Northeast quarter lying North of Broadway cut-off , .
less West 400 feet and also less East 15 feet as measured
along the North line , all in Section 24 , Township 28
North, Range 4 East , W.M .
WHEREAS , the Owners propose to utilize said real property
for commercial development ; and
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WHEREAS , the Owners have requested that the City rezone
that portion of the property which is presently in the Residential
' classification into the General Commerical classification; and
WHEREAS., such rezoning and development would create a
situation where a commercial use would extend substantially beyond
the generally recognized commercial corridor and would abut residential
uses ; and the public health,- . safety ,and welfare would best be served •
by anticipating the impact of such development , and imposing certain
mutually agreed upon standards , 'conditions and requirements on such
; : development , as specified below, which shall hereafter be considered
an integral part of the zoning restrictions applicable to the
subject property ; Now, Therefore
IT IS MUTUALLY AGREED AS FOLLOWS :
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1 . Effective Date . This agreement shall become effective
upon the granting by tire—City of the Ownerspetition to rezone the
subject property to the General Commercial . zoning classification-.
2 . Greenbelt on Northern Boundary . A greenbelt not
less _than five feet inwidth shall be maintained for the full width
of the northern boundary of the subject property . Said greenbelt
will contain a sight-obscuring screen of healthy trees , shrubs or
cultivated landscaping, preserving preexisting natural vegetation
where possible . The greenbelt shall he planted prior to the issuance
of a certificate of occupancy for the subject property . The height
of the sight-obscuring screen at the time of planting shall be at
least ten feet from grade level . All trees and shrubs . that die
within the first two years after being planted shall be replaced.
The Owners , or their successors or assigns , shall he responsible for
the continued and perpetual maintenance of the greenbelt to preserve
its value as a sight-obscuring barrier between commercial uses and
residential uses . ••
3 . Setback Along Boundary. All structures shall
be set back not less-than thirty-five feet from the northern boundary
of the subject property.
4 . Greenbelt Along Western Boundary . A greenbelt shall
be maintained for the full length of the western boundary at a width
not less than ten feet . Said greenbelt shall be maintained in such
a, condition that it provides protection for the adjoining creek
from erosion and pollution , and provides natural shade and screening
for said creek. Provided , that at locations along said western
boundary where no part of the creek bed is within ten feet of the
subject property , the width of the greenbelt may be reduced to five
feet.
5 . Height Restriction. No structures within 100 feet of the
northern boundary line shall exceed twenty-five . feet in height .
6 . Access . There shall be no more than two access points for
the subject property from South Broadway. Such access points shall be
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separated by the maximum distance possible to minimize congestion oh
South Broadway. '
7 . Legal Requirements . The Owners and their successors
and assigns shall comp Ty with all city , state and federal laws , rules
and regulations applicable to the development , sale and maintenance
of the subject property.
8. Recording. This agreement shall he filed in the records
of the Snohomish County Auditor ; f_or .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 . •
9 . 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 . ,
10. Construction. This agreement is concomitant with
Ordinance No . of the' City of Everett rezoning the above-described
property to the General Commercial: 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 :
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH)
On this aW`day of S'_e_7ee.-. b-4 r ,. 1980 , before me , the under-
signed, a Notary Public in and—To the. State of Washington , duly
commissioned and sworn, personally appeared MERLIN R . GILBERTSON and
BEVERLY GILBERTSON 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 ql{ day of - ✓✓
C`p lep,,, 4,,..d _, 1980 . __ . _ ✓ J, -
Ate' W azea r te - --
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