2005/07/13 Council Agenda Packet

• _ J 11. s-;; ORDINANCE NO. AN ORDINANCE voiding the Agreement Concomitant to Rezone Ordinance No. 542-79 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 April 17, 1979 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 restricted use of the property to a parking lot even though current C-1 zoning standards would otherwise allow a range of residential, commercial and business uses; and WHEREAS,the Applicant filed a request for a rezone eliminating the Concomitant Agreement establishing basic C-1 zoning standards; and WHEREAS,the Applicant has stated that it no longer has a use for the parking lot, since it is reducing staff and wishes to surplus the property; and WHEREAS,the Land Use Hearing Examiner conducted a public hearing on the 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 June 8, 2005; and WHEREAS,the City Council, after conducting a public hearing, finds that the proposed elimination of the Agreement Concomitant to Rezone Ordinance No. 542-79 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 33 1