Resolution 5075 - Laserfiche WebLink

5. Mr. Hofmann desires the change in zoning from R-2 to B-2 in order to make the current legal non conforming business use of the property consistent with the Zone; and 6. The City desires to change the zone and associated regulations as they apply only to the historic business use of the property, and furthur that the residential use of the property and land associated with it should remain residential; and 7. Mr. Hofmann and the City desire to implement this proposed rezone through the City's non-project rezone process and a Development Agreement as provided in Chapter 41, Subsection 41.160D of the Zoning Code; and 8. The proposed rezone of the commercial portion of the property is consistent with the Everett Comprehensive Plan; and 9. The public health safety and welfare will be improved by making the business portion of the site consistent between its use and zoning by zoning it B-2 while keeping the residential portion of the site under R-2 zoning; and WHEREAS, the City Council Concludes: 1. The requested rezone of the property from R-2 to B-2 is consistent with the intent of the City's Comprehensive Plan so long as the residence on the site and the property historically associated with it remain residential; and 2. The rezone proposal is consistent with Chapter 41, Subsection 41.160D of the Zoning Code; and 3. The proposal will not have any significant impacts on the environment; and 4. The neighborhood in general and McDougall Avenue specifically will benefit by the continued City desire, as evidenced by this action, to maintain the residential charter of McDougall Avenue; and 5. The proposed zone change from R-2 to B-2 for this property bears a substantial relation to public health, safety and welfare and it promotes the best long term interests of the Everett Community; and 6. The proposed rezone shall be implemented through a Development Agreement as provided in RCW 36.70B.170; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT: Section 1: Rezone Approval. The Everett City Council Approves the Rezone subject to use of a Development Agreement which is attached hereto as Exhibit"B"and incorporated herein by reference.