Ordinance 2601-02 - Laserfiche WebLink

until such time as the ordinance annexing the subject properties becomes effective; provided, however, notwithstanding the above, the City is authorized to proceed with the annexation independent of the establishment of the zoning and comprehensive plan designation when the City Council finds the existence of extenuating circumstances based upon the general health, safety and welfare of the area proposed to be annexed and/or the surrounding area. Whenever the City does not adopt zoning and a comprehensive plan designation concurrently with the annexation process, the annexation ordinance will establish an interim zoning designation of R-S (Suburban Residential) along with a complementary comprehensive plan designation which shall become effective upon the effective date of annexation and the annexed area shall remain zoned R-S until such time as the City establishes a different zoning for the annexed area. SECTION 8: Ordinance No. 1671-89 as amended by Ordinance No. is hereby amended by the addition of the following new section to be included in Chapter 19.41 to read as follows: Performance Agreement Rezones (The following applies to performance agreement rezones in which a resolution of intent to rezone has been approved by the Everett City Council prior to December 31, 2001) 1. Performance Agreement Rezone. A performance agreement rezone is a type of site- specific rezone in which a request for change of zone classification in which the applicant agrees to certain restrictions and conditions as part of the approval of the rezone request. Such conditions or restrictions shall be set forth in the resolution of intent to rezone the property, and shall be recorded on the property, in the county auditor's office, to be disclosed on title documents for the property. The purpose of the performance agreement rezone is to enable the City to apply special development standards to specific sites where the review authority feels that the application of such standards is necessary to facilitate compatibility of land uses, especially where properties in different zones abut one another or where the potential impacts of uses proposed by the applicant or permitted in the requested zone warrant the use of special development standards. The review authority may require applications for non-project rezones to be evaluated as performance agreement rezones. 2. Resolutions of Intent. If the City decides to grant the request for a performance agreement rezone, it may adopt a resolution of intent to rezone. The resolution of intent shall establish a particular set of standards which govern the manner in which the site is developed and represents an agreement between the applicant (or future owners of the property) and the City. The resolution of intent permits the applicant to develop the property in accordance with the terms approved as part of the resolution. 3. Criteria. The City may approve an application for a performance agreement rezone only if it finds that: a. The proposed rezone is consistent with the Everett comprehensive plan; and b. The proposed rezone bears a substantial relation to public health, safety or welfare; and promotes the best long term interests of the Everett community; and