Ordinance 2225-97 - Laserfiche WebLink

NOW, THEREFORE, Be it Resolved by the City Council of the City of Everett that: Section 1: It does hereby adopt the Hearing Examiner's Findings, Conclusions and Decision dated August 1, 1996, 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 of Intent to Rezone and does declare its intent to rezone property located at 9800 Blk. of 2nd Avenue West legally described as Lot 22, Blk. 7, Plat of Intercity Addition Division #1, according to the Plat thereof Recorded in Volume 11 of Plats, Page 9, Records of Snohomish County, Washington, from R-3 (Multiple Family Medium Density Residential) to R-3 Planned Residential Development (R-3 PRD), for ten (10) Single Family Detached Units and one (1) duplex on eleven (11) lots pursuant to the provisions of Section 41.160 of Ordinance No. 1671- 89, as amended (Performance Agreement Rezones), and pursuant to the conditions set forth herein and in the Hearing Examiners Decision . Section 3: The City Council does hereby grant Preliminary Subdivision Approval to the herein described property pursuant to the conditions set forth herein and in the Hearing Examiner Decision. Section 4: Time Limits - Within a period of three (3) years following the approval of this Resolution of Intent to Rezone by City Council, the applicant shall file with the Planning Department a final development plan consistent with this resolution. The Planning Director, for good cause, may extend for one (1) year the period for filling of this final development plan. If the applicant fails to apply for final approval for any reason within the three (3) year time frame described herein or in the case of four (4) years when extension has be authorized this Resolution of Intent to Rezone shall be void. In the event this Resolution of Intent to Rezone 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 approval is submitted and approved. Section 5: Performance Agreement Rezone Map Change - Upon Final Development Plan Approval of the project authorized herein in full compliance with this Resolution of Intent to Rezone, the City shall give effect to the rezone by adopting an ordinance that makes the change to the zone boundary or zone classification on the Zoning Map that was approved in this Resolution of Intent to Rezone. Such an amendment to the Zoning Map shall be made by the City Council adopting an Ordinance which specifically describes the property being rezoned. Section 6: Use of Property inconsistent with this Resolution - If any use of the herein describe property is inconsistent with the terms of this Resolution, either before, during, or after construction and installation of all improvements required by this Resolution,