HomeMy WebLinkAboutOrdinance 2273-98 ORDINANCE NO. 2273-98 rnek-7-7-
An Ordinance Amending the Land Use Map of the Everett Comprehensive Plan
as adopted by Ordinance #2021-94, Exhibit"A," as amended,
for the Land Concepts, Inc., Property Located at 2126 and 2130 116th Street SE,
from"Single Family Detached, 5 to 10 Dwellings per Gross Acre"to "Office,"
as Part of the Annual Update to the Comprehensive Plan Initiated in 1997.
WHEREAS, the City of Everett adopted a new Comprehensive Plan in August, 1994, in
conformance with the Washington State Growth Management Act; and
WHEREAS,the Growth Management Act, codified as RCW Chapter 36.70A, generally allows
for comprehensive plans to be amended on an annual basis; and
WHEREAS, the City of Everett initiated its third annual comprehensive plan amendment process
in July, 1997, which included consideration of Land Use Map amendment and rezone
applications initiated by private property owners; and
WHEREAS, Land Concepts, Inc., applied for an amendment to the Land Use Map for property
located at 2126 and 2130 116th Street SE, from"Single Family Detached, 5 to 10 Dwellings per
Gross Acre"to "Office;" and
WHEREAS, an environmental analysis of the proposed Comprehensive Plan amendments has
been conducted by the City in compliance with the requirements of the State Environmental
Policy Act(SEPA); and
WHEREAS, the City of Everett has encouraged Public Participation in the consideration of
Amendments to the Comprehensive Plan, as required by the Growth Management Act, through a
variety of notification procedures, including SEPA review, mailing to interested citizens and
organizations, mailing to affected property owners, legal publication, posting of affected
properties, and the City of Everett cable television bulletin board; and
WHEREAS, the Planning Commission has conducted Public Workshops and Public Hearings
between July, 1997, and November, 1997,to consider all of the proposed amendments to the text
and policies of the Comprehensive Plan which were initiated in 1997; and
WHEREAS, the Planning Commission has considered all of the proposed Comprehensive Plan
Land Use Map and Policy amendments as well as implementing rezones, so that the cumulative
effects of all amendments have been fully ascertained, as required by the Growth Management
Act; and
WHEREAS,the Planning Commission has recommended to the City Council the approval of
various amendments to the Land Use Map and the rezoning of specific properties to implement
the Comprehensive Plan; and
WHEREAS, the City Council held a Public Workshop on January 14, 1998, and a Public
Hearing on January 21, 1998, to consider the recommendations of the Planning Commission
concerning various amendments to the Land Use Map and the rezoning of specific properties to
implement the Comprehensive Plan; and
WHEREAS,the City Council finds that the proposed amendments to the Land Use Map of the
Comprehensive Plan which the Planning Commission has recommended for approval are
consistent with the requirements of the Growth Management Act, consistent with the Vision
2020 Growth and Transportation Strategy, consistent with the Snohomish County County-Wide
Planning Policies, and consistent with other policies of the Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed amendments to the Land Use Map of the
Comprehensive Plan which the Planning Commission has recommended for approval promote
the best long-term interests of the Everett community; and
WHEREAS,the evaluation criteria for amending the Land Use Map as required by Section 1. H
of Ordinance No. 2161-96, are as follows:
a) The proposed land use designation must be supported by or consistent with the existing
policies of the various elements of the comprehensive plan.
b) Have circumstances related to the subject property and the area in which it is located
changed sufficiently since the adoption of the Land Use Element to justify a change to the
land use designation? If so, the circumstances which have changed should be described
in detail to support findings that a different land use designation is appropriate.
c) Are the assumptions upon which the land use designation of the subject property is based
erroneous, or is new information available which was not considered at the time the Land
Use Element was adopted, that justify a change to the land use designation? If so, the
erroneous assumptions or new information should be described in detail to enable the
Planning Commission and City Council to find that the land use designation should be
changed.
d) Does the proposed land use designation promote a more desirable land use pattern for the
community as a whole? If so, a detailed description of the qualities of the proposed land
use designation that make the land use pattern for the community more desirable should
be provided to enable the Planning Commission and City Council to find that the
proposed land use designation is in the community's best interest.
e) Should the proposed land use designation be applied to other properties in the vicinity? If
so, the reasons supporting the change of several properties should be described in detail.
If not, the reasons for changing land use designation of a single site, as requested by the
proponent, should be provided in sufficient detail to enable the Planning Commission and
City Council to find that approval as requested does not constitute a grant of special
privilege to the proponent or a single owner of property.
f) What impacts would the proposed change of land use designation have on the current use
of other properties in the vicinity, and what measures should be taken to assure
compatibility with the uses of other properties in the vicinity?
g) Would the change of the land use designation sought by the proponent create pressure to
change the land use designation of other properties in the vicinity? If so, would the
change of land use designation for other properties be in the best long term interests of
the community in general?
and
WHEREAS, with regard to the Land Concepts, Inc. property located on the south side of 116th
Street, east of 19th Avenue SE ,the City Council finds:
1. The designation proposed by the requested amendment to the land use map of the
comprehensive plan is consistent with the locational criteria listed in the Land Use
Element for the"Office" designation as indicated in the staff report;
2. The applicants have cited the opportunity to acquire the abutting B-2(B) (Office)property
and the subject properties for a combined development site as changed circumstances
since the adoption of the existing land use designation;
3. The applicants have indicated their intent to develop the subject two lots as part of a
larger development plan which is combined with the abutting B-2(B) site owned by the
applicant, allowing for a better site development as it affects traffic safety, land use
buffers, site landscaping, stormwater control, and building design;
4. The land use policies of the comprehensive plan discourage speculative commercial
rezoning and require that expansion of commercial land use designations into residential
areas be based upon a plan integrating the existing commercial area and protecting
abutting residential areas;
5. Amending the land use designation for the subject two lots would not implement the
policy cited above unless sufficient controls were established to require future
development to be integrated into a larger development with abutting property which is
already commercially zoned;
6. The City Zoning Code includes a rezone process which gives the City the authority to
prohibit fragmented development of the subject two lots and which may be used to
require future development of the subject properties to be part of a combined
development with abutting B-2(B) zoned properties;
7. Approval of the requested land use map amendment would likely result in the loss of two
existing single family dwellings; and
8. The proposed amendment to the land use map is consistent with the land use policies of
the comprehensive plan provided that the Resolution on Intent to Rezone process be used
to assure that the subject lots are developed only as part of a larger combined
development site with abutting B-2(B) zoned land which provides for integrated site
planning to make more efficient use of the existing commercially zoned land and
adequate protection for abutting residential properties;
9. The requested amendment to the land use map and rezone provides for the public health,
safety and welfare provided that future development of the subject lots is conditioned
upon being combined with abutting B-2(B) zoned land for an integrated site
development.
10. The requested amendment to the land use map and rezone promotes the best long term
interests of the Everett community only if future development of the subject lots is
conditioned upon being combined with abutting B-2(B) zoned land, by improving site
development conditions and traffic safety considerations.
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1. The land use designation of the Land Use Map of the Everett Comprehensive Plan for
the Land Concepts property, located at 2126 and 2130 116th Street SE, as depicted on the
attached "Exhibit A," as adopted by Ordinance#2021-94, is hereby amended from 1.2 "Single
Family Detached, 5 to 10 Dwellings per Gross Acre"to 4.3 "Office." The land use designation
shall be implemented through a Resolution of Intent to Rezone.
Section 2. That 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 3. 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 4. The enactment of this ordinance shall not affect any case, proceeding, appeal or other
matter currently pending before the City or in any court.
4,4462.1.4.......6144.44kovt)
EDWARD D. IIANSEN, Mayor
FRANK E. ANDERSON, Mayor Pro Tem
ATTEST:
CITY CLERK
Passed: 1/21/98
Valid: 02/02/98
Published: 02/10/98
Effective Date: 02/18/98
ord-lc
�-� � �� -, rt �a' n C ��R R-3—Uu�, ��'�� �' Q� Land
- - - +
,' \ _ — '-3 � , � � o ao , - Concepts,
aii 16 r , 0
- --.i I.iii-:. �;- - .� o - —: Inc.
0 esik
-- T1 � 7.1------ F x 4«t-c- A
• -o�� 1 Ll ❑
UFFD /� ,(P • i?-`- it a
Silver •_ • -�
Lake • ' i
Site
...p'-adiab ' NW' rah I
UFFD • .* % —`, R 1 [ii t _c--3
*If ''', -A 0 1.7'' () ,--= rij ---- g ' ulmmumNIN:1] kJ I
0 �� ' ,� o R-1 ❑ 7'� E
. - - ••0 4, -- ii,-.. ,44 ________
/ !� l , �i�' f ° c'L:LL1: S44444**
El
1,\Q 0 0'c; -41. —HI',c-i),/ , --- c::;,
R-3 0 - ❑a Li
• �.,- sC--_J ` R-3
L i - --- -.- -- --- --
�. P 1 [ G
0 b ---TIL---, 200 0 200 400 Feet
r ,3I — o