HomeMy WebLinkAboutOrdinance 1156-85 1
Elaine Moschilli, CMC
/ City Clerk's Office
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ORDINANCE NO. //56'Q� City Halt
,Evcsr---tt, WA 98201
AN ORDINANCE amending the Zoning Map of the City of Everett as
CV provided by Ordinance No. 3572 as amended (Title 19, Everett
Municipal code) rezoning the area generally described as
L(1 3113 Grand Avenue from R-3, Multiple Family Low Density
Residential Zone to C-1 , General Commercial. subject
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a) 1' to the conditions of a concomitant agreement.
WHEREAS, on March 1 , 1985, the City of. Everett held a public
1� hearing regarding the rezone of the hereinafter described property from
R-3, Multiple Family Low Density Residential Zone to C-1 , General
Commercial with Concomitant Agreement; and
WHEREAS, the City Council has determined that said property should
be rezoned and zoned C-1 , General Commercial with Concomitant Agreement;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
III Section 1: That the City Council does hereby find that the zoning
change hereinafter set forth bears a substantial relationship to the
general welfare of the City of Everett and is in conformance with the
Comprehensive Plan.
Section 2: That the proposed zoning change is subject to the
1 property owner(s) identified in the attached concomitant agreement, as
well as their successors, assigns, and tenants, meeting the conditions of
the C-1 , General Commercial with Concomitant Agreement zone and the
conditions stated in said agreement.
Section 3: That the Zoning Map of the City of Everett, as
11 established by Ordinance No. 3572 as amended (Title 19, Everett Municipal
Code), is hereby amended from R-3, Multiple Family Low Density
Residential Zone to C-1 , General Commercial, subject to the conditions of
I the attached concomitant agreement on the following described parcel (See
1! attached map):
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1 Lots 7 and 8, Block 734, Plot of Everett, Division H
Section 4: That the official map in the Planning Department of
the City of Everett shall be amended as hereinabove provided, and said
I 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,
111 Everett Municipal Code) and in accordance with the requirements stated in
the attached concomitant agreement.
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rezone is conditioned on the terms of the
i I Section 5: The above
attached concomitant agreement which is attached hereto and incorporated
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herein by reference. Accordingly, the property owner(s) identified in
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I 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 reclassification authorized herein shall be null and void and
the subject property will revert to the following zoning designation:
R-3, Multiple Family Low Density Zone.
Section 6: That if any section, subsection, sentence, clause,
phrase 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 court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance or
attached agreement. The City 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, phrase or
portion thereof irrespective of the fact that any one or more sections,
Osubsections, sentences, clauses, phrases or portions be declared invalid
or unconstitutional.
Section 7: The City Clerk is hereby instructed to file the duly
certified copy of this ordinance and the attached concomitant agreement
with the Auditor of Snohomish County, Washington.
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L_` 4 CITY OF EVERETT
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WILLIAM E. MOORE, Mayor
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ATTEST:
41104111
ICITY CLERK
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH ) ss
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Passed: 4-.5�%/ I , Elaine Moschilli, City Clerk oe the
City of Everett, Washington, hereby
Valid: S�a/!i3- certify this is a true and correct copy
OO Published: of Ordinance No. // (� �'�- adopted by
/�'/�� the City Council in regular session on
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,STATE OF WASHINGTON ) �iJall--
COUNTY OF, SNOHOMISH ) Ss _r1 • -
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I , Elaine Moschilli , City Clerk of the 1 •31,
City of Everett, Washington, hereby certify ! z W .,�� r I' LI ?I• ■
this is a true and correct copy of map - R4 �
showing rezone of area as adopted by irH
Ordinance No. //3-6 --f5'"on JULY 3I, /915 ! 37T11 I i I
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by the City Council of Everett. r'-`
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IP ' ' 1 ST Ul
City Clerk
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• CITY OF EVERETT PLANNING DEPARTMENT _
SCALE I° ■ Boo'N
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50815 02 6?' T 29 R 5 EXHIBIT 4
ONING MAP
VICINITY/ZONING
VOL i ?" j PAGE:t? J . 9
1.
CENTRAL BODY WORKS REZONE
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. 1/54- 6 5
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{ THIS AGREEMENT is made and entered this day of n[ W1-
1985, by Roy Thorsen, said party being hereinafter referred to as the Owner,
;! and the City of Everett, a municipal corporation, under the laws of the State
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of Washington, hereinafter referred to as the City;
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WITNESSETH:
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WHEREAS, ROY THORSEN is owner of (or has an equitable interest in) a
11 tract of real property approximately 6,000 squar, feet in size located south
I of Pacific Avenue and east of Grand Avenue 3113 Grand Avenue), Everett,
II Snohomish County, Washington, the legal description of which is attached
hereto as Exhibit A and incorporated herein by ,this reference; and
WHEREAS, such zoning and development is adjacent to the existing
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'HI Central Body Works body shop and will provide for a reasonable expansion of
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this existing commercial activity; and
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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
Therein and hereafter considered to be an integral part of the zoning
1 restrictions applicable to the property; and
WHEREAS, the Owner has agreed to develop the aforementioned property
; per the Comprehensive Plan (The Plan) , which is incorporated herein by
1 reference in consideration of the City considering designating, the property
C-1 and the Owner further agrees as part of said consideration that should the I
, City zone the property C-15 to lay out, develop, and maintain the property as ,
it
hereinafter set forth;
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NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1 . PERMITTED USES
A. The subject property shall be zoned C-1 General Commercial.
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B. That the applicant shall develop the subject property as a
parking lot as detailed in this Concomitant Agreement or as
required in 1 .C.
' C. That the Owner shall either build a commerical building by July
31, 1989, or shall pave the parking lot on the subject property.
Any commercial structure shall be set back 12 feet from the south
property line with a minimum of a five-foot wide, six-foot high
sight obscuring landscaped barrier. A detailed site development
plan shall be submitted to the City of Everett Planning
Department for review and approval prior to issuance of any
building permits for structures to be placed on the subject
property.
2. ACCESS:
Access shall be limited to the alley adjacent to the subject property.
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1 3• DRAINAGE: .
A parking lot drainage system must be provided in accordance with all
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Public Works Department requirements.
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4. PARKING LOT REQUIREMENTS:
The parking lot improvements shall include asphalt surfacing and
landscaped improvement along the western property line a minimum of
five feet in width and six feet in height with a six-foot high solid
wooden fence running down the southern property line. A specific !
landscaping plan shall be reviewed and approved by the Planning
Department for the western portion of the property prior to
installation. The landscape plantings proposed shall conform to the
City of Everett Landscaping Requirements and Recommended Plant
Materials.
1" 5. - LIGHTING:
All lighting of the subject property shall be shielded from adjoining
properties and Grand Avenue when it would create annoyance.
6. SIGNAGE:
No signage shall be permitted on the subject property.
7. PUBLIC WORKS DEPARTMENT REQUIREMENTS:
Detailed drawings in accordance with City 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 approval of these
drawings is required prior to any permits being issued. All
improvements shall be completed, approved, and warranted before the
Occupancy Permit is issued.
City streets and alleys are to be kept clear of dirt and debris at all
times during construction. Dust suppresssion and street cleaning must
occur as directed by the Public Works Inspector.
CONCOMITANT AGREEMENT - 3 8508150267
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8. LEGAL REQUIREMENTS
The Owner, and his successors, tenants and assigns, shall comply with
all City, State, and federal laws and regulations applicable to the
development, sale and maintenance of the subject property, and nothing
herein shall be construed as superseding said laws and regulations.
9. CHANGES DURING CONSTRUCTION
The Owner agrees that all layout, development, and maintenance shall be
per this Agreement and the approved site plan. However, should any
Owner desire to make any changes during construction in the approved
site plan or terms of this Agreement, specifically regarding
landscaping and signage, said Owner shall bring this to the immediate
attention of the City's Planning Director or City Engineer. If, after
reviewing a detailed site plan, the Planning Director or City Engineer
determine that the change proposed is not substantial, (meaning a
change of 10% or less), the Planning Director or City Engineer may
authorize the change. However, if in the opinion of the Planning
Director or City Engineer the requested change is a substantial change,
the Owner shall be required to go to the Hearing Examiner to seek
authorization for the proposed change. The Planning Director's or City
Engineer's ruling may be appealed to the Hearing Examiner. In any
event, anytime a change results in a substantial change to the terms or
requirements of this Agreement, this Agreement must be amended by
written amendments hereto duly executed by the Owner and the City's
Maydr.
CONCOMITANT AGREEMENT - 4
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10. 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 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
Owner, his successors, tenants and assigns.
11 . ENFORCEMENT
Any violation of this Agreement by the 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.
Provided, that no personal liability shall accrue against any party
hereto, except for a violation specifically affecting property owned by
such party. The personal liability of any party shall terminate upon
the sale of its equitable interest in the property to another party.
B. Any building or structure set up, erected, built, moved or
maintained, or any use of property contrary to the provisions of
this Agreement, shall be and the same is hereby declared to be a
public nuisance.
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.
CONCOMITANT AGREEMENT - 5
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12. CONSTRUCTION OF AGREEMENT
This Agreement is concomitant with the action of the City of Everett
zoning the property to the C-1 classification. Nothing herein shall be
construed as being agreed to in consideration for said zoning, nor does
the City relinquish its legislative power with respect to said zoning
in consideration for this Agreement.
13. 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.
14. EFFECTIVE DATE
A. This Agreement shall become effective only upon the occurrence of
all of the following:
1) The zoning ordinance affecting the subject property
becoming effective;
2) The property owner identified herein has executed this
Agreement and submitted it to the City within thirty days
of the date of passage of the subject zoning ordinance
affecting the subject property; and
3) The City has executed 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.
OWNER
R THORSEN
; CONCOMITANT AGREEMENT - 6
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I', CITY OF EVERETT
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' �4.OND STE• IANSON, Mayor Pro-tem
ATTEST:
LAINE MOSCHILLI
City Clerk
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this /1" day of I , 19( , before me, the
undersigned, a Notary Public in and 'or the State of Washington, duly
commissioned and sworn, personally appeearedRAYMOND A STEPHANSON and ELAINE
MOSCHILLI, to me known to be the Mayor / nri y 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.
4, „6_,c2
Aq. PUBLIC in and for t g State of
Washington, residing at
CONCOMITANT AGREEMENT - 7
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If STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this 1 t day of f\( Nor
( , 19 P\ , before me, the
• Hundersigned, a Notary Public in and f r the State of Washington, duly
commissioned and sworn, personally appeared ROY THORSEN, to me known to be the
individual described in and who executed the within and foregoing instrument,
and acknowledged to me that they signed the same as their free and voluntary
�! act and deed for the uses and purposes therein mentioned.
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I! WITNESS my hand and official seal hereto affixed on the day and year
first above written.
• 1!
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! NOTARY PUBLIC in and __ for th State of
Washington, residing at j 1 101'
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HCONCOMITANT AGREEMENT - 8
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EXHIBIT A
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• CONCOMITANT AGREEMENT TO REZONE ORDINANCE
FOR CENTRAL BODY WORKS
REZONE NO.
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LEGAL DESCRIPTION
Plat of Everett, Division H, Block 734, Lots 7 & 8 in the City of
Everett, Snohomish County, Washington.
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