HomeMy WebLinkAboutOrdinance 2522-01 ORDINANCE NO. 2522-01
An Ordinance Amending the Land Use Map of the Everett
Comprehensive Plan for the Group 4 property located
north of 132nd Street SE and west of 19th Avenue SE from
Single Family 10-12 Dwelling Units per Acre to General
Commercial, Multi Family with Rezone Contract
as Part of the Annual Update to the Comprehensive Plan
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 sixth annual comprehensive plan
amendment process in July, 2000, which included consideration of Land Use map
amendment and rezone applications initiated by private property owners; and
WHEREAS, Group 4 applied for an amendment to the Land Use map for a property
containing approximately 1.4 acres located north of the Fred Meyer/Providence Medical
Center Store on 132nd Street SE and west of 19th Street SE from Single Family 10-12
Dwelling Units per Acre to General Commercial -Multi Family with Rezone Contract;
and
WHEREAS, an environmental analysis of the proposed Comprehensive Plan amendment
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 publications, and
posting of the affected property; and
WHEREAS,the Planning Commission has conducted a public workshop on February 6,
2001 and a Public Hearing opened March 6th, 2001 and completed on April 17, 2001, to
consider all the proposed amendment to the Comprehensive Plan which was initiated in
July of 2000; and
WHEREAS,the Planning Commission has considered all of the proposed
Comprehensive Plan Land Use Map and Policy amendments as well as implementing
rezones, of which the Group 4 application is a part, 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 Hearing to consider the recommendations of
the Planning Commission concerning the Group 4 amendment to the Land Use Map; and
WHEREAS,with regard to the Group 4 property located on 19th Avenue SE, and in
consideration of evaluation factors found in Ordinance No. 2161-96, the City Council
finds:
1) 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 Strategies, consistent with the Snohomish County County-Wide
Planning Policies, and consistent with other policies of the Comprehensive Plan; and
2) The proposed land use designation is supported by and is consistent with the
existing policies of the various elements of the Comprehensive Plan if the subject
property is limited to office use only in such a way that its appearance and function,
including landscaping, building position on the lot and parking are so configured as to
have a minimum impact of abutting residential properties, and further that such
conditions would be accomplished through use of the Resolution of Intent to Rezone
process ; and
3) The proposed land use designation does promote a more desirable land use pattern
for the community as a whole in that it places office use on 19th Avenue SE as a layering
action to insulate the abutting residential area from the affects of this busy corridor, in
addition such action brings a desirable use to the corridor. Thus the proposed change in
the land use designation is in the greater community's best interest; and
4) The proposed land use designation should not be applied to other properties in the
vicinity without case by case review. The proponent has agreed to use of a Resolution of
Intent to Rezone to ensure the use of the site will meet conditions that will ensure
minimal impact on the abutting residential area. By changing the land use designation as
recommended the City is not providing a special grant or privilege to the applicant; and
5) Pressure to change the land use designation of other properties in the vicinity
outside the present location should be discouraged. However, due to the demand for and
location of this proposed use, it is in the best long term interests of the community to
allow it if the previously stated restrictions and conditions are meet; and
6) The 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,with regard to the Group 4 property located west of 19th Avenue SE, north
of the Fred Meyer Store/Providence Medical Center, the City Council further finds:
1) The purpose for the requested land use map amendment is to allow for the
construction of a office building on the site,without any other C-1 zone use of the
property; and
2) Since the area where this property is located is undergoing an annexation at this
time implementing zoning of C-1 will not be applied until such time as the annexation is
completed; and
3) The applicant has offered, in testimony before the Planning Commission, a desire
to meet the various use and design criteria conditions including:
a. only office use of the site,with no other use of the site other than office,
b. placement of the building(s) 10 feet from the property line along 19th
Avenue SE,
c. type I landscaping along abutting residential properties with a solid wood
fence,
d. dedication of that portion of the 127th Place SE cul-de-sac that lays on the
applicant's property to the City of Everett,
e. provision of a pedestrian walkway connecting 127th Place SE and 19th
Avenue SE,
f. installation of a natural gas line connecting the main at 19th Street SE to
127th Place SE, and;
g. shielding of all lights so they don't shine on abutting residential properties;
and;
4) The requested amendment to the land use map and rezone promotes the public
health, safety and welfare and the long term interests of the Everett Community provided
development of the subject property is conditioned according to the stipulations,
restrictions and provisions found herein;
NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN:
Section 1. Land Use Map amended: The Everett Comprehensive Plan map land use
designation for the Group 4 property located west of 19th Avenue SE and north of the
Fred Meyer Store, as depicted on the attached"Exhibit A," as adopted by Ordinance
#2021-94, is hereby amended from Single Family 10-12 Dwelling Units per Acre to
General Commercial - Multi Family. The land use designation shall be implemented
through a Resolution of Intent to Rezone.
Section 2. Validity: 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. Benefit to Public Health, Safety and Welfare: 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 provision 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. Enactment: The enactment of this Ordinance shall not affect any case,
proceeding, appeal or other matter currently pending in any court, or before the City.
Section 5. Effective Date: This Ordinance shall not become effective until the ordinance
implementing the Resolution of Intent to Rezone the herein described property becomes
effective.
40/ /
EDW• ' ► I. HA 'S N, Mayor
ATTEST:
17.
CITY CLERK _ _ 1--,t"
Passed: 7-11-01
Valid: 7-13-01
Published: 7-19-01
Effective Date: 7-29-01
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