2005/08/31 Council Agenda Packet

5 Section 1: It does hereby adopt the Hearing Examiner's Findings, Conclusion and Decision dated August 11,2005,hereinafter refereed to as ("Decision")which is attached hereto and incorporated herein by reference as Exhibit"A". Section 2: It does hereby adopt this Resolution to Approve the Rezone of property located at 2316 12t Street, Everett, Snohomish County Washington,the legal description of which is attached hereto and incorporated herein by reference as Exhibit"B", from R- 3 (Multiple Family Medium Density Residential)to R-3 Planned Residential Development(R-3 PRD), for twenty(20) single family detached dwellings, including 11 Donovan Homes and 9 new construction single family detached dwellings with twenty (20)lots pursuant to the provisions of Section 41.160 of Title 19 of the City's Zoning Code as amended, and pursuant to the conditions set forth herein in the Hearing Examiners Decision Exhibit"A". Section 3: The City Council of the City of Everett does hereby grant Preliminary Subdivision Approval to the property described herein in Exhibit"B"pursuant to the conditions set forth herein and in the Hearing Examiner Decision Exhibit"A". Section 4: Time Limits—Within a period of five (5)years following the approval of this Resolution,the applicant shall file with the City a final development plan and final plat map consistent with this resolution. The Planning Director or City Engineer,for good cause,may extend for one(1)year the period for filling of this final development plan and final plat map. If the applicant fails to apply for final approval for any reason within the five (5)year time frame described herein or in the case of six(6) years when extension has been authorized this Resolution approving this Rezone and Preliminary Subdivision approval will be void. In the event this Resolution is void then all future permits shall be subject to the requirements of the basic zoning and subdivision codes unless a new application for preliminary PRD/Plat approval is submitted and approved. Section 5: Map Change of Rezone—Upon Final Development Plan and Final Plat Map Approval of the project authorized herein in full compliance with this Resolution, the City shall give effect to the rezone and make the changes to the zoning boundary or zoning classification on the Official Zoning Map. Such an amendment to the Zoning Map shall be made by the City Council by granting final subdivision approval and City Council approving the final plat map. Section 6; Use of Property inconsistent with this Resolution—If any use of the herein described is inconsistent with the terms of this Resolution, either before, during, or after construction and installation of all improvements required by this Resolution,this Resolution shall become void and all entitlements to the uses permitted herein shall be forfeited, and use inconsistent with the underlying zoning of the property shall be deemed a violation of the zoning code and be subject to violation, enforcement, and penalty thereof. 25 2