2010/06/09 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET PROJECT TITLE: i' An Ordinance allowing Consent COUNCIL BILL # -6/0D 6-' I Lo unlisted uses in basement and 6-23-10 Action Originating Department Planning other areas in the B-3 Zone, 6-9-10 First Reading Contact Person Allan Giffen amending Zoning Code 6-16-10 Second Reading Phone Number (425) 257-8725 Ordinance No. 1671-89, as 6-23-10 Third Reading FOR AGENDA OF June 9, 2010 amended by Ordinance No. 6-9-10 Public Hearing 2923-06 (EMC Chapter 19.22) 6-23-10 Public Hearing Initialed by: Department Head CAA Council President Location Preceding Action Attachments Department(s)Approval The B-3 Zone(Central Planning Commission Ordinance, Planning, Legal Business District) approved May 4, 2010; Planning Commission Resolution Amount Budgeted N/A Expenditure Required N/A Budget Remaining N/A Additional Required N/A DETAILED SUMMARY STATEMENT: The B-3 zone consists of the City's Central Business District. The Zoning Code lists the uses that are specifically permitted in each zone, including the B-3 zone. There are many buildings in downtown that have basement or other spaces that, due to their construction or configuration, do not lend themselves well to the uses that are encouraged by the Downtown Plan or the code, such as retail, office,restaurant or residential uses. The Planning Commission has recommended that the Zoning Code be amended to allow the Planning Director to consider individual applications for the use of this type of building space for uses that are not otherwise permitted by the code. The amendment would require public notice and a public review process, including evaluation criteria for the Planning Director to use in considering an application. This review process would allow the director to approve, deny, or approve with conditions a proposed use. The intent of the amendment would be to increase flexibility for building owners to utilize existing building space, while still providing protection to neighboring property owners against potentially incompatible uses. The amendment would not allow approval of a use that would give the outward appearance of being incompatible with the purpose of the B-3 zone. RECOMMENDATION (Exact action requested of Council): Adopt Ordinance allowing unlisted uses in basement and other areas in the B-3 Zone, amending Zoning Code Ordinance No. 1671-89, as amended by Ordinance No. 2923-06 (EMC Chapter 19.22). 7