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HomeMy WebLinkAboutOrdinance 2704-03 ORDINANCE NO. 2704-03 An Ordinance Amending the Zoning Map and Zoning Code text to Rezone the Mitrachkaw Property Located in the 3900 block of Wetmore Avenue, from R-3 to R-4 with a 45 foot building height restriction, amending Ordinance NO 1671-89 (as amended Title 19 EMC) 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, allows for comprehensive plans to be amended on an annual basis; and WHEREAS, the City of Everett initiated its eighth annual Comprehensive Plan amendment process in 2002, which included consideration of Comprehensive Plan map designation amendments and rezones initiated by the City to achieve certain desired land use patterns; and WHEREAS, an environmental analysis of the proposed Comprehensive Plan amendments and rezone 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 and rezones, 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 a Public Workshop and Public Hearing to consider all of the proposed amendments to the Comprehensive Plan map designations that were initiated in 2002 and has made, or will soon make, recommendations to the City Council on each of the proposed map amendments; and WHEREAS, the Planning Commission conducted a Public Hearing on May 6, 2003 to consider all of the proposed amendments to the Comprehensive Plan which were initiated in 2002, as well as this action initiated in 2001and tabled for one docket cycle; and WHEREAS, the Planning Commission has considered all of the proposed Comprehensive Plan Map designation 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 text and policies of the Everett Comprehensive Plan, as well as amendments to the Comprehensive Plan map designations 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 various amendments to the text and policies of the Everett Comprehensive Plan, as well as amendments to the Land Use Map and the rezoning of specific properties to implement the Comprehensive Plan; and WHEREAS, the City Council has adopted an ordinance amending the Comprehensive Plan land use designation of the area affected by this rezone action; and WHEREAS, the Growth Management Act requires that the City's Zoning Map and text be consistent with'And implement the Land Use Map of the Comprehensive Plan; and WHEREAS, the City Council finds that the rezoning of the specific properties described herein: 1. Is consistent with the Comprehensive Plan map designations of the Everett Comprehensive Plan; 2. Bears a substantial relation to the public health, safety and welfare, so long as building height limits are held to the R-3 zone limit of 45 feet; and 3. Promotes the best long-term interests of the Everett community; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That property legally described as follows: Lots 11, 12, 13, 14 and 15 located in the 3900 block of Wetmore Avenue as "Climax Land Company South 1st Addition to Everett, Blk 008 D-00—Blk 8 FRAC of lots 11, 12, 13, 14 and 15." According to the records of Snohomish County, situate in Section 30, T. 29 N., R. 5 E., Willamette Meridian, in the County of Snohomish, State of Washington, is hereby rezoned from R-3 (Multiple Family) to R-4 (Multiple Family). Section 2: Chapter 19, Table 5.1 (Residential Uses), of Ordinance No. 1671-89 (as amended), is hereby amended by the inclusion of footnote(20), placed after the permitted use "Dwelling, multiple family" under the zone "R-4" which shall read: "at that R-4 zone location noted as lots 11, 12, 13, 14 and 15, on the east side of Wetmore Avenue in the 3900 block, known as part the Climax Land Division, 1st Everett Addition, shall be limited to a maximum height of 45 feet as required by Code provisions for the area. Section 3: 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 4: 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. 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 5: The enactment of this ordinance shall not affect any enforcement action, case, proceeding, appeal or other matter currently pending before the City or in any court or before the City. Section 6: 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. 'FRANK ANDERSON, Mayor ATTEST: CIT CLERK Passed: 7-16-03 Valid: 7-21-03 Published: 7-24-03 Effective Date: 8-6-03 MITRACHKA W REZONE R-3 TOR 4 :, � 1 Rezone: r' Change 1 I` R-3 Multiple Family Med.Density to 1 1 R-4 Multiple Family High Density R-4 R-3 1 1 __ I Legend: R-4'. C-1 C. W/ j rA Site /--\ cont. / J r• Zone Boundary S R-3 Multiple Family Med.Density 3 � ` R-4 Multiple Family High Density II j C-1 General Commercial [61,.:';:11 1 .ix j ...-......1-1—. 41 o ^1 SZ 40th sr j (--,:. ..,--- ,:-.:';?:,::''.::::::':::::;'=.-:J::::,.;';-;.:::',„..-'.,::. R-4 1....., . ,, . L____,_ AN 1 ...,....,„,.„....„ tp+ 44P,..,.ff_ 1 o/w;„,,,,.,,HaAr.,,.-y4,--;A, v , Scale: finch = 100 feet 4110 46 ` November 2,2001 Exhibit "A"