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elp <br /> // .141' <br /> ORDINANCE NO. 2843-05 <br /> AN ORDINANCE voiding the Agreement Concomitant to Rezone Ordinance No. 592-79 in <br /> accordance with the recommendation of the Land Use Hearing Examiner and amending the <br /> City's Zoning Map from `C-1 with Contract' to `C-1'. <br /> WHEREAS, on April 17, 1979 the City Council granted approval of a rezone with Concomitant <br /> Agreement establishing a zone designation of C-1, General Commercial; and <br /> WHEREAS,the rezone was subject to a Concomitant Agreement that established conditions <br /> and requirements for development of the subject property; and <br /> WHEREAS,the Concomitant Agreement restricted use of the property to a parking lot even <br /> though current C-1 zoning standards would otherwise allow a range of residential, commercial <br /> and business uses; and <br /> WHEREAS,the Applicant filed a request for a rezone eliminating the Concomitant Agreement <br /> establishing basic C-1 zoning standards; and <br /> WHEREAS,the Applicant has stated that it no longer has a use for the parking lot, since it is <br /> reducing staff and wishes to surplus the property; and <br /> WHEREAS,the Land Use Hearing Examiner conducted a public hearing on the rezone <br /> application and considered testimony from the public, applicant and city staff; and <br /> WHEREAS, the Hearing Examiner has recommended that the City Council approve the <br /> requested rezone in the Findings and Decision dated June 8, 2005; and <br /> WHEREAS,the City Council, after conducting a public hearing, finds that the proposed <br /> elimination of the Agreement Concomitant to Rezone Ordinance No. 592-79 is consistent with <br /> the applicable provisions of the Everett Comprehensive Plan; bears a substantial relation to the <br /> public health, safety and welfare; and promotes the best long term interests of the Everett <br /> community; and <br /> 1 <br />