Resolution 4549 - Laserfiche WebLink

WHEREAS, said Ordinance No. 2275-98 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 proposed rezone; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Everett declares its intent to rezone property located at 10121 9th Avenue West, a vicinity map of which is attached hereto as Exhibit "A," from R-3 to C-1, pursuant to the provisions of Section 41.160 of Ordinance No. 1671-89, as amended, and 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-3 zone according to the standards thereof. The future use and development of the subject properties for uses other than allowed by the R-3 zone shall be subject to approval by the City through the SEPA review process as an integrated development with abutting C-1 zoned property in accordance with the C-1 zone regulations. 2) Construction must be commenced within five (5) years of the date of approval of this Resolution. Construction of buildings and of the site improvements permitted by this Resolution shall be completed within one year of the date of issuance of building permits. The Planning Director may authorize an extension of up to one additional year. 3) Use of Property Inconsistent with this Resolution. If any use of the subject property occurs which 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 any use inconsistent with the R-1 zoning of the property shall be deemed a violation of the zoning code and be subject to the violation, enforcement, and penalty provisions thereof.