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4h S a <br /> °._ eayszE T <br /> RESOLUTION NO. 3906 <br /> RESOLUTION OF INTENT TO REZONE AND PERFORMANCE AGREEMENT <br /> SCHNITZER INVESTMENT CORP. <br /> NARBECK/MERRILL AND RING CREEK APARTMENTS, LOCATED ON <br /> MERRILL CREEK PARKWAY BETWEEN NARBECK AND MERRILL AND RING <br /> CREEKS <br /> WHEREAS, Schnitzer Investment Corporation filed an application to rezone property <br /> generally located on the north side of Merrill Creek Parkway, between Narbeck and Merrill <br /> and Ring Creeks, from M-1, Office and Industrial. Park, to R-3 with a Planned Residential <br /> Development Overlay (R-3 PRD), for the purpose of constructing 185 multiple family <br /> dwellings; and <br /> WHEREAS, the Planning Commission, after holding two public hearings, did adopt certain <br /> Findings, Conclusions, and Conditions, and did recommend to the Everett City Council that <br /> the proposed rezone be approved pursuant to the provisions of Section 32.130 and 41.160.D.7 <br /> of Ordinance 1671-89 as amended, and shall be subject to the specific conditions set forth in <br /> said Recommendation and Mitigated Determination of Non-Significance dated August 10, <br /> 1993; and <br /> WHEREAS, the City of Everett finds that by approving a specific number of units and <br /> specific unit types, and by establishing certain standards for the development of the property to <br /> be rezoned, the development plan is compatible with abutting properties as proposed; and <br /> WHEREAS, the Everett Zoning Code provides a mechanism by which the City and property <br /> owner may enter into a "performance agreement" wherein the proponent of a rezone agrees to <br /> develop property according to the terms of the agreement before the rezone is finalized by <br /> City. <br /> NOW, THEREFORE, BE IT RESOLVED that the Everett City Council of the City of <br /> Everett declares its intent to rezone property located on the north side of Merrill Creek <br /> Parkway, between Narbeck and Merrill and Ring Creeks, as described in the attached legal <br /> description, from M-1, Office and Industrial Park, to R-3 with a Planned Residential <br /> Development Overlay (R-3 PRD), for the purpose of constructing 185 multiple family <br /> dwellings, pursuant to the provisions of Section 41.160 of Ordinance 1671-89, as amended, <br /> and the conditions of this Resolution of Intent. Council shall, by ordinance, effect such rezone <br /> upon being advised that all of the following conditions and requirements contained in this <br /> Resolution have been met: <br /> 1. Approved Site Plan - The subject property shall be used only for multiple family <br /> development per the approved site plan and the requirements of the Mitigated <br /> Determination of Non-Significance #16-93. Minor revisions to the site plan which <br /> 1 <br />