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WHEREAS, the Everett Zoning Code provides a mechanism by <br /> which the City and property owner of an area proposed to be <br /> rezoned may enter into a "performance agreement" wherein the <br /> proponent of a rezone agrees to develop a property according to <br /> the terms of the agreement before the rezone is finalized by the <br /> City. <br /> NOW, THEREFORE BE IT RESOLVED by the City Council of the <br /> City of Everett that the City declares its intent to rezone <br /> property located south of SR 526, north of Casino Road, east of <br /> Hardeson Road and west of Upper Ridge Road, the legal description <br /> of which is: <br /> Tracts 25 and 26, Beverly Homesites, Division 1 , according <br /> to the Plat thereof recorded in Volume 10 of Plats, page 74, <br /> in Snohomish County Washington; <br /> Except the south 35 feet of said Tract 25; and <br /> Except the following parcel of land in said Tract 26: <br /> Beginning at a point 20 feet north of the southwest corner <br /> of said tract 26; thence south 20 feet; thence east 40 feet; <br /> thence northwesterly 45 feet, more or less, to the point of <br /> beginning; <br /> Also, except portion condemned by the State of Washington <br /> for State Highway SR-526 under Court Cause No. 93010 of the <br /> Superior Court of Snohomish County, State of Washington; <br /> And except that portion conveyed to the City of Everett by <br /> deed recorded under Recording Number 8303280307, <br /> from R-3 PRD (Multi-Family Medium Density Planned Residential <br /> Development) to R-3 (Multi-Family Medium Density Residential) , <br /> pursuant to the provisions of Section 41.160 of Ordinance <br /> 1671-89, as amended, and the Council shall by Ordinance, effect <br /> such rezone upon being advised that all of the following <br /> conditions, stipulations, limitations, and requirements contained <br /> in this Resolution have been met: <br /> 1 . Approved Site Plan - The subject property shall be used only <br /> for multiple family development per the approved site plan <br /> and the requirements of the Mitigated Determination of <br /> Nonsignificance #135-89. Minor revisions to the site plan <br /> which result in a lower intensity development may be <br /> approved by the Planning and Community Development Director. <br /> However, in no case shall minor revisions result in an <br /> increased impact on adjacent properties or environmentally <br /> sensitive areas. <br /> 2 . Building Height - The building height shall be limited to 35 <br /> feet above the existing grade of the site. The detailed <br />