Resolution 4123 - Laserfiche WebLink

• NOW,THEREFORE,BE IT RESOLVED that the Everett City Council of the City of Everett declares its intent to rezone property located between Interstate-5 and 19th Avenue S.E., and between 102nd Place S.E. and 106th Street S.E., as described in the attached legal description, from R-1 and C-2 with contract to B-2, for the purpose of constructing a 156,000 square foot retail/wholesale warehouse with approximately 805 parking stalls,pursuant to the provisions of Section 41.160 of Ordinance 1671-89, as amended, and the conditions of this Resolution of Intent. Council shall, by ordinance, effect such rezone upon being advised that all of the following conditions and requirements contained in this Resolution have been met: 1. Approved Site Plan- The subject property shall be used only for the development of a Costco wholesale/retail facility per the approved site plan and the mitigation requirements and condition listed herein. Minor revisions to the site plan which result in a lower intensity of development may be approved by the Planning and Community Development Director. However, in no case shall minor revisions result in increased impact on adjacent properties or environmentally sensitive areas. TIME LIMITS - Within a period of three years following the adoption of this Resolution of Intent to Rezone by City Council,the applicant shall complete all site improvements as shown on the approved site plan contained in the Final EIS, and shall obtain a Certificate of Occupancy. If the applicant fails to construct the required site improvements for any reason within the time specified,the Resolution of Intent to Rezone shall be void. If, after a period of three years following the adoption of this resolution, the required site improvements have not been constructed,the zoning of the property shall be reconsidered by the Planning Commission and City Council. PERFORMANCE AGREEMENT REZONES - MAP CHANGE. Upon approval of the certificate of occupancy consistent 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 the Resolution of Intent to Rezone. Such an amendment to the Zoning Map shall be made by City Council adopting an Ordinance which specifically describes the property being rezoned. 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. Any use of the property inconsistent with the underlying zoning shall be deemed a violation of the Zoning Code and be subject to violation, enforcement, and penalty provisions thereof. RESOLUTION -A copy of this Resolution shall be recorded with the Snohomish County Auditor's Office. All conditions, limitations, and terms herein shall be binding upon the property and all future owners, heirs and assigns with any interest in the property described herein. BK 3 03 9 P30399 5 0 6 2