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Home My WebLink AboutOrdinance 3014-07 ORDINANCE NO. 3014-07 An Ordinance Amending Ordinance No. 2021-94, As Amended, The Comprehensive Plan Map From Heavy Industrial (5.1) To Central Business District(3.1) And Amending Section 2.020 Of Ordinance No. 1671-89,As Amended (EMC 19.02.020), With A Rezone From M-2 (Heavy Manufacturing) To B-3 (Central Business District) On A Site Located West Of Bond Street, Between Hewitt Avenue And Wall Street WHEREAS, the City of Everett adopted a Comprehensive Plan in August, 1994, in conformance with the Washington State Growth Management Act; and WHEREAS, the City of Everett adopted the 10 year update to the Comprehensive Plan, in conformance with the Washing Growth Management Act on July 20, 2005; and WHEREAS, the Growth Management Act, codified as Chapter 36.70A, allows for comprehensive plans to be amended on an annual basis; and WHEREAS, the City of Everett initiated its 2006 annual comprehensive plan amendment process in July, 2006, which included consideration of Land Use Map amendments and rezone applications initiated by property owners; and WHEREAS, The Everett Planning Commission sponsored this proposal to amend the Comprehensive Plan land use designation from designation from Heavy Industrial (5.1) to Central Business District (3.1) (Exhibit A), with a rezone from M-2 (Heavy Manufacturing) to B-3 (Central Business District), (Exhibit B), for a 4.2 acre site located of the west side of Bond Street, south of Hewitt Avenue and north of Wall Street; and WHEREAS, The Planning Commission held a public hearing on the matter on June 5, 2007 at which time they considered staff presentations and considered the various aspects of the proposal; and - 1 - WHEREAS, following the public hearing phase of its deliberations the Planning Commission did resolve to recommend to City Council that the proposed amendment to the Comprehensive Plan and rezone be approved; and WHEREAS, THE EVERETT CITY COUNCIL FINDS: 1. The purpose for the requested Comprehensive Plan land use map amendment make the Comprehensive Plan designation and zone of the subject area consistent with guidance of the recently established Downtown Plan for Everett, of which the subject site is a part; and 2. To achieve the proposed land use changes City Council needs to amend the Comprehensive Plan Land Use map from Heavy Industrial (5.1) to Central Business District (3.1), and a rezone is needed from M-2 (Heavy Manufacturing) to B-3 (Central Business District); and NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Approval of Comprehensive Plan Amendment. Ordinance No. 2021-94, as amended, is hereby amended as follows: 1. The Land Use map designation of the Comprehensive Plan is hereby amended for the subject property, from Heavy Industrial (5.1) to Central Business District (3.1), as depicted in Exhibit A, which is attached hereto. Section 2: Approval of Rezone. Section 2.020 of Ordinance No. 1671-89, as amended (EMC 19.02.020), is hereby amended as follows: 1. The subject property is hereby rezoned from M-2 (Heavy Manufacturing) to B-3 (Central Business District), as depicted on the attached Exhibit B, which is attached hereto. Section 3: Conditions of Approval 1. The Planning Department is instructed to amend the Comprehensive Plan and Zoning maps to reflect the herein enacted Comprehensive Plan map amendment, zone change. 2. Exhibits A, B and C are hereby made part of this approval and incorporated herein by reference. Section 4: The legal description of the area affected by this action is: See legal description at Exhibit C. - 2 - Section 5: Validity. Should any section, subsection, paragraph, sentence, clause or phrase set forth in this Ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6: Purpose. It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this Ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. Section 7: Pending actions. The enactment of this Ordinance shall not affect any case,proceeding, appeal or other matter currently pending before the City or in any court. Section 8: Corrections. The City Clerk and the codifiers of the Ordinance are authorized to make necessary corrections to the ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers and any references thereto. . 44 4 /1431 'Zy Stephanson, Mayor ATTEST: City Clerk Passed: 7/x8/07 Valid: 7/23/02 Published: 7/25/07 Effective Date: 8/7/07 - 3 - Exhibit A ferc4I ® Sie �,_,.� Hewitt Ave. 3.1 Central Business District 5.1 HeavyIndustrial �� T'-/ 1.6 Multiple Family (20—29 dwellings per acre) ��/'� 7 1.7 Multiple Family (3it—iit dwellings per acre) ��' �� * 5.1 lol= Ar - Ag ;! 1111Q i41i'Ausiii ? 4 L446100111114r/ - ALAISTagemoilir „A. 3.1 L.11 ,�� 1 ir, )..___ Millcl �� w �, �\ 1.6 1 131 tv >51-ILA, il • Amend the Comprehensive Plan Land Use map from Heavy Industrial (5.1) to Central Business District(3.1). - 4 - Exhibit B Bond Street , Apirri, 1Rezone 10/6J06 / ?/',1111. i :ezor Location %•/�►"-- Hewitt Ave. -- :..ndaries 01111111111r 1// /L �- _ I 41000010, , i ..r i /B-'A3 / 1 I i I ^ rMrr� I __ ArAlliriowiriprAilliar / ,,/ , � i,: ...�'+..,... ::::Wal1 Street_.__.._____..._-� ._ rill6e- ,m-q, i r �.rr/r i AI � R-3~1 ._ r , . tea � Illitgitli III' IIIPP um i I "" . i t Rezone from M-2 (Heavy Manufacturing) to B-3 (Central Business District). - 5 - • Exhibit C Bond Street Legal Description: That Portion of the Northwest corner of Section 30, Township 29, Range 5, and the Southwest corner of 19, Township 29, Range 5, described as follows: Beginning at the Southwest corner of Operating Property in Government Lot 1; thence Northeast along the west boundary of said lot a distance of 790 feet to intersect the western extension of the southern Right-Of-Way of Hewitt Avenue thence east a distance of 233 feet along the south edge of said Right-of-Way to the east end of the northern edge of Everett Division C Replat Block 676D-00-Lot A thence South a distance of 20.5 feet along the eastern most edge of said lot, and along the western edge of the Bond Street Right-Of- Way, thence southwest a distance of 700 feet along the east side of Lot 1 and the west edge of the Bond Street Right-Of-Way thence west a distance of 30 feet along said lot and Right-Of-Way thence southwest a distance of 150 feet along said side of Lot and Right— Of-Way to a curved edge with a radius of 50 feet and a circumference of 90 feet, thence Northwest 90 feet, more or less, to the Point of Beginning. - 6 -