Resolution 4866 - Laserfiche WebLink

WHEREAS, said Ordinance No. 2441-00 requires that the zoning requested to implement the changed land use designation be established through a Resolution of Intent to Rezone which includes certain conditions and limitations agreed to by the applicant and the City; and WHEREAS, the City Council finds: 1. The proposed rezone is consistent with the Comprehensive Plan; 2. The proposed rezone bears a substantial relationship to the public health, safety and welfare; 3. The proposed rezone promotes the best long term interests of the Everett community; 4. The terms of this resolution are sufficient to mitigate the impacts of the use of the property authorized by the rezone. NOW, THEREFORE, BE IT RESOLVED: Section 1. That the City Council of the City of Everett declares its intent to rezone property located on the west side of the 4100 block of Terrace Drive, as indicated in Exhibit "A," which is attached hereto and incorporated herein by reference, from R-1 to B-2,pursuant to the provisions of Section 41.160 of Ordinance No. 1671-89, as amended. The Council shall by ordinance effect such rezone upon being advised that all of the following conditions, stipulations, limitations, and requirements contained in this Resolution have been met: 1) The properties may continue to be used for uses allowed in the R-1 zone according to the standards thereof. The future use and development of the subject properties for uses other than allowed by the R-1 zone shall be for a grocery store, and subject to approval by the City through the SEPA review process. The proposed development shall be designed as an integrated development with abutting B-2 zoned property located on the east side of the 4100 block of Terrace Drive, in accordance with all conditions established as part of the subsequent SEPA review process,this Resolution and applicable B-2 zone regulations. 2) The development of the subject property for uses other than those allowed in the R-1 zone and rezoning of the subject property shall be contingent upon the City Council approving a vacation of the Terrace Drive right-of-way between 41st and 42°d Streets. 3) Development shall be in substantial conformity with the conceptual site plan approved indicated as "Exhibit B," and"Exhibit C—Safeway Zoning Conditions" as attached hereto and incorporated herein by reference. The Planning Director is authorized to approve modifications to the plan provided that such modifications do not increase the potential for visual, noise and traffic impacts on the adjacent residential neighborhood. Development of the site and any off-site improvements deemed necessary by the City shall include design 2