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HomeMy WebLinkAboutOrdinance 1535-88 k.+«,+u�np»a.c+.�+an��� v ewb.d�Y•Vlll�M^"�R'S'�i�1 w yq ' / � _ S.e. „ A '# f x ,��,, q � •d'al ��l`l'm . r ORDINANCE NO. ?cF7 Elaine Moschilli, CMC City Clerk's Office City Hall AN ORDINANCE amending the Zoning Map as provided Everett, WA 9820 by Ordinance No. 3572 as amended (Title 19, Everett C:) Municipal Code) to encompass an annexation area !; situated east of 19th Avenue SE between 102nd Place SE and 106th Place SE. The designation calls for a B-2(B) Site Plan Review Zone subject to Concomitant Agreement. rig BYRNES-UNDI REZONE Q a WHEREAS, on September 6 and September 27, 1988, the City Planning Commission held a public hearing regarding the zoning of the hereinafter described property to B-2(B), Office Park-Site Plan Review Zone; and NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That the City Council does hereby find that the zoning hereinafter set forth bears a substantial relationship to the general welfare of the City of Everett and is in conformance with the Everett Comprehensive General Plan. Section 2: That the proposed zoning is subject to the property owner(s) identified in the attached concomitant agreement, as well as their successors, assigns, and tenants, meeting the conditions of the B-2(B) Office Park-Site Plan Review Zone and the conditions stated in said agreement. Section 3: That the Zoning Map of the City of Everett, as established by Ordinance No. 3572 as amended (Title 19, Everett Municipal Code), is hereby amended to B-2(B) Office Park-Site Plan Review Zone, subject to the conditions of the attached concomitant agreement on the following described parcel (See attached map) : j Legal Description: ii BEGINNING at the Northwest corner of Lot 2, plat of Silver Lake View Tracts, according to the plat thereof recorded in Volume 8 of Plats, Page 65, records of Snohomish County; THENCE, East along the North line of H said Lot 2 to the Northeast corner thereof; THENCE, South along the East line of Lots 2-5, inclusive, to the the Northwest corner of Lot 9 of said plat; THENCE, East along the North line of said Lot 9 to the Northeast corner thereof; THENCE, South along the East I I VOL. 22OOPAGE1O36 890 I 1 § 008 line of said Lot 9, and the Southerly projection of ,1 said East line to intersect the North line of the Southwest quarter of the Northwest quarter of Section 20, Township 28 North, Range 5 East, W.M. (said intersection also being the most Southwesterly corner of Lot 31, Plat of Firgrove Division 6, according to the plat thereof recorded in Volume 37 of Plats, Page 11, records of Snohomish County) ; THENCE, East along said North line of said subdivision of said section to intersect the the West line of the Easterly 795 feet of said subdivision of said section (said intersection also being the most Northerly Southeast corner of Lot 30 of said Plat of Firgrove Division 6) ; THENCE, South along said West line of said Easterly 795 feet of said subdivision of said section to intersect the South line of North half of the North half of the North half of said Southwest quarter of the Northwest quarter of said Section 20; THENCE, West along said South line of said subdivision of said section to intersect the East right-of-way line of 19th Avenue S.E. ; THENCE, North along said East right-of-way line to the POINT OF BEGINNING. Section 4: That the official map in the Planning Department of the City of Everett shall be amended as hereinabove provided, and said property shall be used in accordance with the zone in which the same is now established, as provided by Ordinance No. 3572 as amended (Title 19, Everett Municipal Code) and in accordance with the requirements stated in the attached concomitant agreement. Section 5: The above zone is conditioned on the terms of the attached concomitant agreement which is attached hereto and incorporated herein by reference. Accordingly, the property owner(s) identified in said agreement must properly execute the agreement and submit it to the City within thirty (30) days of the date of passage of this Ordinance. In the event that said agreement is not executed within said thirty days, the zoning classification authorized herein shall be null and void and the subject property shall be classified as R.S. Suburban Residential as provided by Everett Municipal Code, Volume III, Chapter 19.50. Section 6: That if any section, subsection, sentence, clause, phrase j or any portion of this ordinance or the attached concomitant agreement is for any reason held to be invalid or unconstitutional by the decision of any '.i court of competent jurisdiction, such decision shall not effect the validity 111 of the remaining portions of this ordinance or attached agreement. The City 'i Council of the City of Everett hereby declares that it would have adopted this ordinance and the attached agreement and each section, subsection, sentence, clause, phrases or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 1 i1 -2- II vol.. 2200PQ6E1037 8901 ;13003 "7 • • • 41 At 4 , 4 , '41 *A- ri4.!;r1rtti*M444WA40,- 44.4 ,4 (( Section 7: The City Clerk iiAlereby 'instructed 'fa 7fili Cthe' duly certified copy of this ordinance and the attached concomitant agreement with H the Auditor of Snohomish County, Washington. Section 8: Provided the condition set forth in Section 5 of this Ordinance is met, this Ordinance shall become effective upon the date herein described property is annexed to the City. CITY OF EVERETT • WiLid*.V-EliAlOORE, Mayor "P$20 ATTEST; CITY CLERK Passed: 1/- 9 -F7 S1ATE OF V.1,S1-11i\IGTON ss Valid: // /0 —41.--c2 Published: -/6 ),s;LsLht ae true y:::icioEpcvtoceTrdreetet, by tc‘4,4.1 fit regular session on •• - - •r city cle V ; 3538G , e I I I i ;111 -3- vol. 2200 PAU 1038 90 I. 1 3 0 0 3 7 •, ';-,,;'''S!'10,410/4 4 •— t4 a 31 I % (% L 2.0, �_ amminume t -iv 1---- 1an. sT s E. 8 I 2-043 Z-°••4 ei il°"' ... ..... --,W 2-a�7 U — 1-043 igill • .rMann1:12 - - 4 LU 2-01. 132 Mb rN Wf a >• M i r a w i! r �► V9 lell rrr ''•:� ©�1 y a to b Q) opisim 102 not .S E neon I. © Wig D Eisenhower :.:::. ::.::; . .. .di ving 13©©© Middle rd. ST, S.E. a ■ ■ SV " « Jr t.©Shot . IfIrM111111111/7411 W .:::. to sr S.E r ir N mF/!# R1�' F6961049! s I05tA ST, S.E , �'� 23 ,j CNA M S, t! i//iii us , '7 PoA(.' (4•der ri 5 til CC la ma % V i 1.7 w " ii .o -, N I y %�o®ao I - A CD o 1 a aT J', V r•w 106 to �,� m _ o Y NO ff 404 (44561 S.E.cg 7 -) r; 1 'c 2.031 ra.90/11: 1 sou tr --1 ' m' `'�ay Jr• �� 2-040 . , o 0 '..112.034• J.,r .'4 ti. L.../..i t ! • F/PrrAtair ••.. •. i (44251 •• E 0, le „„6) I • 4.11 kJ i.1 .• a 4. y 7 O4 `Q-- r,, --- r ! �` 4d os _i_ OA u� I t 1 00 1 o� J 4 FANfi a • W ON I I O Illg o ,. ti. , s i r rc ( + 01 0� IcNI I r- = 1 W W I 1 ; of ,, iv - . Z I I 1 I � , „ ,• 0� � O, 1 ZONING MAP : An annexation area east of 19th Ave . SE from 102nd to 106th P1 . S;? 3-2 (B) Office Park - Site Plan Review Zone (with concomitant agreement ) R- 1 Single-family Low Density Residential 8901130087 V 0 L 2200PAGE103U CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. /j 3 5 •yy BYRNES-UNDI REZONE rt9 THIS AGREEMENT is made and entered this f'� day of Oeee-e-r, 198V, by and between Carlton Undi, Mark J. McGinnis, Thomas J. Byrnes, Alden B. Winters, and Michael J. O'Malley, said parties being hereinafter referred to as "Owners", and the City of Everett, a municipal corporation under laws of the State of Washington, hereinafter referred to as the "City"; WITNESSETH: WHEREAS, Carlton Undi, Mark J. McGinnis, Thomas J. Byrnes, Alden B. Winters, and Michael J. O'Malley are owners of tracts of real property approximately five and eighty two one hundreths (5.82) acres in size which abut the 19th Avenue SE arterial right-of-way. The legal description of the tracts of the real property is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Office Park-Site Plan Review zoning and development will allow uses which are consistant with the adopted Comprehensive General Plan, approved in August 1987, and such development can occur in a manner which is compatible with the established residential neighborhood to the east and south, and the commercial land uses to the west and north; and WHEREAS, 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 which shall be documented herein and hereafter considered to be an integral part of the zoning restrictions applicable to the property; NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. All applications for development shall be subject to a detailed administrative site plan review process. Detailed drawings in accordance with the City's Design and Construction Standards shall be submitted to the Public Works Department showing site parking layout, landscaping, utilities, storm drainage, temporary construction erosion control and all required improvements in the public right-of-way. Public Works Department and Planning Department approval of these drawings is required prior to any permits being isssued. All required improvements shall be completed, approved and warranted or bonded in accordance with City standards. 2. The property zoned B-2(B) on Map Exhibit B which is attached hereto and incorporated herein by reference shall be controlled by the following conditions: a. All real uses in effect prior to the effective date of this Agreement and all legal structures in existence as of the effective date of this Agreement shall be considered nonconforming structures and uses. b. The following shall define the purpose statement of this rezone: The property subject to this rezone is intended to promote and provide areas for a variety of high quality office park development which are capable of being constructed, maintained and operated in a manner uniquely designed to be compatible 1 with adjoining residential neighborhoods and other less intensive uses. V0'. 2200PAGE IO40 8901130087 • c. The permitted uses of this rezone shall be limited to the following: 1) Business offices and studios; 2) Banks, savings and loan institutions, mutual savings banks, finance and insurance ccmpanies; 3) Research and laboratories with manufacturing uses; 4) Medical, dental, and veterinary clinics; 5) Club and fraternal organizations; 6) Libraries and art galleries; 7) Real estate offices; d. Conditional uses which shall not be permitted are: 1) 15-25 dwelling units per acre multiple family residential uses; 2) Community business retail uses; and 3) Retail and commercial oriented accessory uses and buildings; e. The height requirement shall be restricted to twenty-six (26) feet. f. Landscaping/protective screening shall consist of a landscaping corridor of twenty-five (25) feet in width as a visual screen and protective buffer to separate nonresidential development from adjacent single family residential areas. g. Access to the entire rezone area shall be consolidated to locations approved by the Public Works Department. h. Any development in the rezone area shall be in compliance with all applicable City ordinances, standards and policies. 3. Federal, State, and Local Regulations: Development and all activities on this property shall be in compliance with all applicable federal, state, and local regulations. 4. Recording This Agreement shall be filed in the records of the Snohomish County Auditor for the purpose of subjecting the property to the restrictions, conditions, and limitations herein set forth herein 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, tenants, and assigns. 5. Enforcement: a. Any violation of this Agreement by any owner, his successors, tenants or assigns, shall be considered a violation of the Zoning Code of the City of Everett and shall be subject to all applicable penalties. b. Any building or structure set up, erected, built, moved or maintained, or any use of the property contrary to the provisions of this Agreement, shall be and the same is hereby declared to be a public nuisance. CONCOMITANT AGREEMENT - 2 vol. 22OPAGE 1O41 890113008 c. The City is hereby authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm and/or corporation from violating any of the provisions of this Agreement, and compelling compliance with the provisions thereof. d. The penalty and enforcement provisions provided herein shall not be exclusive and the City may pursue any action, remedy or relief it deems appropriate. 6. Construction of Agreement - Legislative Power This agreement is concomitant with the action of the City of Everett zoning the property to the B-2(B) classification. Nothing herein shall be construed as being agreed to be in consideration for said rezone, nor does the City relinquish its legislative power with respect to said rezone in consideration for this Agreement. 7. Non-Waiver The waiver by any owner or the City of the breach of any provision of this Agreement by the other party will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. 8. Effective Date This Agreement shall become effective only upon the occurrence of all of the following: a. The zoning ordinance affecting the subject property becoming effective; b. The property owners identified herein have executed this Agreement and submitted it to the City in accordance with the Ordinance affecting the subject property; and c. The City has executed this Agreement. IN WITNESS WHEREOF, the Owners have caused these presents to be executed in their names and the City of Everett has caused the same to be duly executed by its Mayor, the date and year first above written. CONCOMITANT AGREEMENT - 3 VOL. 2200 PAGE 1 042 8901130037 Dated this �� D day of �G�4 , 19 S (47 CAR O I 'MARY C. tJNDI STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that CARLTON UNDI and MARY C. UNDI signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned in the instrument. �� Dated Ag Y `� 7 /9S1 Signature ofp f (Seal or Stamp) Notary Public `0 ( ,�i71S1V1,12 Title (41/./JL/ &ler.‘6114.1e7/2.---- My Commission expires q -15-9, N i ► t. ‘ii`. 170‘17"1$17,12 0/,011 ,,,..7(;)`,NOTAR y`� '-.NS e•ao4.., a PUBLIC o °411141 WASE\\ CONCOMITANT AGREEMENT - 4 vol. 2 2 0 0 pA6E 1 0 4 3 8 ' 0113003 A lit' Dated this j(,/ day of V7 ate141/14� , 19 0 . / � /, Li/1i. 1i ..✓.ei�'1 MARK J. g,` I /�/. (--4.--,c//fir ,A,� �,'3���il/ AM IA MCGINN S STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that MARK J. McGINNIS AND AMELIA McGINNIS signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated //-30 8 Signature of /� (Seal or Stamp) Notary Public cam- -IA t//7l� Title[ htiZ,.1 &Vtel.,1444-teCJ My Commission expires (:?-45---629 f 4.1%.* L. 4+ id:Irst:0"1 4*-Z°1#6 1,,, NOTA& 14 v 5 ••►• • 4111: WAV6...re CONCOMITANT AGREEMENT - 5 89011 0 0 3 7 voL. 2200PA6E1.044 Dated this ��� day of (SIL/ , , 19 kJ / � �T I AS J. BY ES STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that THOMAS J. BYRNES signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. Dated Z2L�, 020 / 6 d. Signature of (Seal or Stamp) Notary Public !'L`,, a t- Title (20/1- y1U,2f _ jet-e/LA-1 -4...e( $,,; , � # My Commission expires 417 Ir'oet40°116 4.10f. - ya,;.; 41004,4101(a Ltcf '41'111/4 44INV40441 4144411411/ CONCOMITANT AGREEMENT - 6 W9011.30087 uoL: 22OOPA&E1U4,5 1-10 ,L) Lb 1UT VI I ri DEC 13 1988 CITY OF EVLRETT Panning Dept, TH Dated this / day of b-e,:w btx , 19 8gj /'A( ( " iiY' ALDEN B. WINTERS - v STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that ALDEN B. WINTERS signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. • Dated �,Q.P etlyiAL -' '/, l yrF .; ......+ �� ,�'• Signature of -4.4 • .•.•• ' (Seal or Stamp) Notary Public r i Lei' .1 f, 4 Title �~ r My Commission expires Q} UR, 2200PAGE1046 CONCOMITANT AGREEMENT - 7 89011300 :3 ' Dated this � � day of ,)b,LL) , 19 u MICHAEL J. O'MALLEY STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that MICHAEL J. O'MALLEY signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned in the instrument. • . ' Dated l 67c/1�.F' C'.� rr>J ��'t��\�fif O ' �f, `,) `rte: Signature of =~ = , , •+� (Seal or Stamp) Notary Public( GLL(jt aiv“L` Y! ' d ;Jt ' \ - Title OOK�C[ e � ¢/t) My Commission expires UZ -02-62/ A 3514G vi. 220O ME104'7 CONCOMITANT AGREEMENT - 8 ° O113003 CITY OF EVERETT APPROVED AS TO FORM i WILLIAM E. MOORE, Mayor C ^.71ORNEV ATEST: ELAINE MOSCHILLI City Clerk STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this f() day of /�, i , 19 Pg , before me, the undersigned, a ///() Notary Public in •nd for t - State of Washington, duly commissioned and sworn, personall appeared WILLIAM E. MOORE and ELAINE MOSCHILLI, to me known to be the Mayor and City Clerk, respectively, of the City of Everett, and who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. h tf NOT4Y PU LIC in and for he tate of o: Washingtdn, residing at r 0168S 8901130087 vol.. 2200pa6E1048 EXHIBIT "A" Legal Description of Concomitant Agreement B-2(B) OFFICE PARK SITE-PLAN REVIEW ZONE BEGINNING at the Northwest corner of Lot 2, plat of Silver Lake View Tracts, according to the plat thereof recorded in Volume 8 of Plats, Page 65, records of Snohomish County; THENCE, East along the North line of said Lot 2 to the Northeast corner thereof; THENCE, South along the East line of Lots 2-5, inclusive, to the the Northwest corner of Lot 9 of said plat; THENCE, East along the North line of said Lot 9 to the Northeast corner thereof; THENCE, South along the East line of said Lot 9, and the Southerly projection of said East line to intersect the North line of the Southwest quarter of the Northwest quarter of Section 20, Township 28 North, Range 5 East, W.M. (said intersection also being the most Southwesterly corner of Lot 31, Plat of Firgrove Division 6, according to the plat thereof recorded in Volume 37 of Plats, Page 11, records of Snohomish County); THENCE, East along said North line of said subdivision of said section to intersect the the West line of the Easterly 795 feet of said subdivision of said section (said intersection also being the most Northerly Southeast corner of Lot 30 of said Plat of Firgrove Division 6) ; THENCE, South along said West line of said Easterly 795 feet of said subdivision of said section to intersect the South line of North half of the North half of the North half of said Southwest quarter of the Northwest quarter of said Section 20; THENCE, West along said South line of said subdivision of said section to intersect the East right-of-way line of 19th Avenue S.E. ; THENCE, North along said East right-of-way line to the POINT OF BEGINNING. vol. 2200AsE1049 89011830037 100th ST. SE ____Everett Cit Limits 202.1 Vol s 1 a l Ni I N N Ni .I its I 1 p 0 01 p ` I Y e,1 3 ,__�� "' N N I N N I I N I (V �n! vA Iti .� %OF 46 / 2 3 4 1 6 Illier 1 1 101st ST. S. s-__,_ q) 2-048 IllA I 2-067 V - 2-04Z 2-ov3 (II 2.036 46 7R. /0 ---1���.i•+ 9 3 47 48 49 10 2-04_51 W I 43) 49— �� 49 101 st PL S.E. // c I > 2-or® Mi elli 9: Wr 9 I QI 0 /6 /1 /4 /3 /2 7f A� 1 q.Q4) —�— iii W V J 1/ QIL-1 / /7 /a /9 ?O 2/ 5 llitillin . Ckl\ 102nd. PL.S.E. = .k:f...VONN 22 •IO VIS 1157 3a 3736of I I t � ZY Eisenhower •• :::::•„0. i..,.. ..::_7::,,............. ' ''' 24 Middle ill a las _ u _ owe e 33 . , �'� ' 21 School . J '.'!+5Ii*iwi:}f} 30 1 11111,1111, - •;.:: .•:r..::::....; 04th :;:g! ;;::':: ;; :: annum 7 MFWGROV •::::e:e:::::••••••••••:.•Vi*.1.•...•••..:::.•..:•.:..:::•::::.:i•:::::::::::::::: Eignan a s m 2 oz9 ti%) 0) 105th ST S.E. 9 rt I 9 127 �. - - j /1 1(654 N I r n 1 ,w , /0 I1—,L_.I— `... CHArHAAI P4ACE (4082) // 22 2-032 14 21 26 27 W / 2 3 4 5 6 7 2/ M _ 2_033 ° Ujat u 105 th PL. S.E. >Bien Z-0 30 1 9 /3 W 9 W, - 2•oa, 20W 2/ 20 /9 /6 /7 tyi /s /1 /I /3 /? // /0 /4 . /9 r Q /1 /6 a. :its I I I�/R 1 s 7 ' 6 I N~ /3 /4L.: e 9 /O // /? /6 N is 44.0 W 106 th -----/ N...-........MIMI ' AO (4 56) s.E. 03/ 130 29 26 27 O g 21 14 23 22 z/ 20 /9l /9 /7 /6 / 1 e2-039 Ik° IO, •ARY- •NN / -AC'S' 011 2 �� 2 02s 2 3 4 s if- 2-040 > ----- _ ('I °° a LU Z 03a a,s i4 is / FIRGROVE ADO Na. 5 (45125) • / 2 3 4 2-035 WK eVCO 3 2 f`�- .•••- • 1 6 --A 10811t St, S.E. I I (- or" ...c)2a3 MAP EXHIBIT "B” : Concomitant Agreement to ?'.ezo 'tea p< §•- .{y� a ^n --- �1 C'-,> w ...J Area Zoned B-2 (B) with '` c.-^ y. -- Concomitant Agreement '1. `--'' 3 .,...1:•:::-:-m• I sem '7 mil Everett City Limits >--+ pm V 0 L 2200PasE1O50 8901. 1300