Ordinance 2822-05 - Laserfiche WebLink

r 0111:44 J ORDINANCE NO. 2822-05 AN ORDINANCE voiding the Concomitant Agreement to Rezone Ordinance No.1334-87 in accordance with the recommendation of the Land Use Hearing Examiner and amending the City's Zoning Map from `C-1 with Contract' to `C-1'. WHEREAS, on February 25, 1987 the City Council granted approval of a rezone with Concomitant Agreement establishing a zone designation of C-1, General Commercial; and WHEREAS,the rezone was subject to a Concomitant Agreement that established conditions and requirements for development of the subject property; and WHEREAS,the Concomitant Agreement prohibited residential use of the property, even though current C-1 zoning standards would otherwise allow residential uses; and WHEREAS,the Applicant filed a request for approval of a 14-lot residential subdivision and a rezone application to eliminate the existing Concomitant Agreement and retain the underlying C- 1 zoning; and WHEREAS,the Land Use Hearing Examiner conducted a public hearing on the subdivision and rezone application and considered testimony from the public, applicant and city staff; and WHEREAS,the Hearing Examiner has recommended that the City Council approve the requested rezone in the Findings and Decision dated December 10, 2004; and WHEREAS,the Hearing Examiner issued preliminary subdivision approval in a decision dated December 10, 2004, subject to authorization of the rezone by the Council; and WHEREAS,the City Council, after conducting a public hearing, finds that the proposed elimination of the Concomitant Agreement to Rezone Ordinance No. 1334-87 is consistent with the applicable provisions of the Everett Comprehensive Plan; bears a substantial relation to the public health, safety and welfare; and promotes the best long term interests of the Everett community; and 1