2008/12/17 Council Agenda Packet

1 1 ORDINANCE NO. AN ORDINANCE Rezoning 1.3 acres of Property Located at the southwest corner of 75th Street S.W. and Hardeson Road from M-M(Business Park)to C-2 (Heavy Commercial-Light Industrial) WHEREAS,Hardeson Road L.L.C. filed a request for a rezone of property located at the corner of 75th Street S.W. and Hardeson Road from M-M to C-2; and WHEREAS,the Land Use Hearing Examiner conducted a public hearing on the rezone application and considered testimony from the public, applicant and city staff; and WHEREAS,following the public hearing the Hearing Examiner issued a written recommendation that the City Council approve the requested rezone subject to conditions; and WHEREAS,the City Council, after conducting a public hearing, finds that: 1. The proposed rezone is consistent with the applicable provisions of the Everett Comprehensive Plan; 2. The proposed rezone bears a substantial relation to the public health, safety and welfare; and the proposed rezone promotes the best long term interests of the Everett community; and 3. The proposed rezone mitigates any adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property. WHEREAS,the City Council concludes that the proposed rezone is consistent with the applicable criteria for site specific rezones; and WHEREAS,the Applicant submitted concurrently with the rezone application a Binding Site Plan to create three lots, including a lot consisting of the area to be rezoned from M-M to C-2; and WHEREAS,the conditions and restrictions contained in the Hearing Examiner's recommendation are necessary and appropriate to address future development of the subject property; and WHEREAS,the City Council adopts the findings and conclusions of the Hearing Examiner for Rezone#08-001 dated October 30, 2008. 68 1