HomeMy WebLinkAboutOrdinance 3086-08 •rtElF74"reifIt
ORDINANCE NO. 3086-08
An Ordinance Amending Ordinance No. 2021-94,
as Amended,Amending the Comprehensive Plan Map
Designation from 1.6 (Multiple Family) to 4.4 (Mixed
Use Commercial—Multi Family) and a Rezone From
R-3 (Multi Family) to C-1 (General Commercial)
For a Property Located East of the Intersection
of Highway 99 at 4`h Avenue West
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 Chapter 36.70A, allows for
comprehensive plans to be amended on an annual basis; and
WHEREAS, The Growth Management Act requires the City to update its Comprehensive Plan
at regular intervals; and
WHEREAS, the City initiated its 2007 annual comprehensive plan amendment process in July,
2007, which included consideration of Land Use Map amendments and rezone applications
initiated by property owners; and
WHEREAS, The applicant proposes to amend the Comprehensive Plan land use map designation
from; 1.6 (Multiple Family)to 4.4 (Mixed Use Commercial—Multi Family), depicted as Exhibit
A, with and a rezone from R-3 (Multi Family)to C-1 (General Commercial), Exhibit B, for a
property located east of the intersection of Highway 99 at 4th Avenue West; and
WHEREAS, the Planning Commission held three opportunities for comment with public input
and hearings on November 27, 2007, April 7, 2008 and June 17, 2008, where public testimony
was received along with applicant and City Planning staff presentations, where various aspects of
the proposal were considered; and
WHEREAS, following the June 17, 2008, public hearing the Planning Commission recommended
approval of the proposed map amendment and rezone; and
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WHEREAS, City Council held a public hearing to consider the request at which time it took
additional public testimony and heard presentations from staff and the applicant on August 13,
2008, after which the City Council made the final decisions as reflected by this Ordinance; and
WHEREAS, CITY COUNCIL FINDS:
1. The applicant has identified the need to expand the existing commercial space to the south
in order to improve ingress and egress to the site off 4th Avenue West at HWY 99.
2. The requested amendment to the Comprehensive Plan is supported by Land Use Policy
2.1.3. which will, "Require new commercial development (at the subject site)to be more
pedestrian friendly and compatible with transportation service." And Policy 2.2.4, which will,
through use of B-2 zoning, "Adopt standards to promote well designed commercial developments
and proper maintenance of commercial properties to improve and reinforce the quality and
character of the commercial district and surrounding neighborhoods."
3. Circumstances related to the subject property and the area in which it is located have
changed sufficiently since the adoption of the Land Use Element to justify a change to the
proposed land use designation. Specifically: (1)local roadway reconfiguration has changed, and
(2) growth in the area and resulting elevated local demand for services have increased. (Findings
5 and 6)
4. The purpose for the requested Comprehensive Plan amendment and rezone is to allow the
owner to improve ingress and egress at the site.
5. To achieve the requested land use changes and related provisions, City Council needs to:
a. Amend the Comprehensive Plan land use map designation from; 1.6 (Multiple Family)
to 4.4 (Mixed Use Commercial—Multi Family), depicted as Exhibit A, and
b. Rezone the site from R-3 (Multi Family) to C-1 (General Commercial), Exhibit B.
6. The Draft Supplemental Environmental Impact Statement (DSEIS) for the 2007
Comprehensive Plan docket cycle reviewed Miller's proposal and identified impacts of changing
the land use designation and rezoning and addressed those impacts.
7. The Planning Commission reviewed the proposed Comprehensive Plan amendment and rezone as
presented in staff reports and heard public input at public hearings on November 27, 2007, April 7, 2008
and June 17, 2008, and subsequently recommended approval of the proposal at the June 17th public
hearing.
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8. On June 17, 2008 the Planning Commission adopted Resolution 2008-012 recommending that the
City Council approve the requested Comprehensive Plan amendment and rezone.
9. In making it's Recommendation to City Council the Planning Commission determined that this
action is in the Community's best interests.
10. In making the Recommendation to City Council the Planning Commission looked specifically at
and determined the application did follow and meet the seven criteria for approval, including that this
applicant was not granted special privilege, that this recommended change would not add pressure to
nearby areas to follow suite and that this action does bear a substantial relation to public health safety and
welfare.
11. In making the Recommendation to City Council the Planning Commission determined this
amendment to the land use map and rezone promotes the best long term interests of the Everett
community, while mitigating impacts to the immediate vicinity.
12. Any conclusion below that may be construed as a finding is included here as such by this
reference.
WHEREAS CITY COUNCIL CONCLUDES:
1. Any finding above that may be construed as a finding is included here as such by this reference.
2. The Comprehensive Plan amendment is supported by, or consistent with, the
Comprehensive Plan. Land Use Policies 2.1.3. and 2.2.4 are the policies that most specifically
apply. (Finding 2)
3. The proposed land use designation is in the community's best interest. (Finding 9)
4. The approval, as requested does not constitute a grant of special privilege to the
proponent or any single owner of property because of changed circumstances that have occurred
in the area that are outside the control of the applicant. (Finding 10)
5. The comprehensive plan amendment and rezone will not create pressure to change the
land use designation of other properties in the vicinity. (Finding 10)
6. The rezone bears a substantial relation to the public health, safety and welfare by
providing for additional community needs while mitigating impacts. (Finding 10)
7. The amendment to the land use map and rezone promotes the best long term interests of
the Everett community while mitigating impacts to the immediate vicinity. (Finding 11)
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NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: Approval.
1. The Comprehensive Plan land use map in the subject area is hereby amended from; 1.6
(Multiple Family)to 4.4 (Mixed Use Commercial—Multi Family), depicted as Exhibit A.
2. The subject area is hereby rezoned from R-3 (Multi Family) to C-1 (General Commercial),
Exhibit B.
3. The Planning Department is instructed to amend the Comprehensive Plan map and Zoning
Map to reflect the changes made under 1 and 2 above. In the event of conflict between the
attached legal description Exhibit C and City maps of the action areas defined herein, the maps
shall guide boundary location decisions.
Section 2: Conditions of Approval.
1. Exhibits A, B and C are hereby made part of this approval and incorporated herein by
reference.
2. A sight obscuring fence shall be erected between the entire site, including the subject rezone
portion of the site and the adjacent residential area to the east. Such fence shall be erected and approved
by the City prior to submittal of plans for redevelopment of the site and the subject rezone portion of the
site.
Section 3: Legal Description.
The legal description of the area subject to the Comprehensive Plan amendment and rezone is set
forth in Exhibit C of this Ordinance.
Section 4: 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.
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Exhibit A
Miller Comprehensive Plan Amendment
from 1.6(Multiple Family)
to 4.4(Mixed Use CommercialiMulti-Family)
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Vicinity Map's ��; - e
Legend: 1/i) lt's i 1
®Site Boundary ,e r,
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1.2 (Single Family 5-10)
1.5 (Multi-Family 15-20) %� . -
1.6 Multi-Family 20-29) ` I`�, r
l Y �� �f
2.1 (Schools/Churches) legit ` Scale:1 inch=300 feet
4.4 (Mixed Use Commerciial r M
Multi-Family) � Geographic
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Exhibit B
Miller Rezone
from R-3(Multi-Family
to C-1(General Commercial)
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Legend: ,'r?liergi)' f
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®Site Boundary ./- i(i11,�`__ ,
4 Acre ,% l/r OD
RS (Suburban Residential) "i— , lr /� -,f`"`,_
R-1 (Single Family Detached) - ori
R-3 (Multi-Family Med.Density) , JO
T Scale: 1 Inch=300 feet
C-1 (Mixed Use Commercilalnek
Multi-Family) _ �� Geographic
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Exhibit C
legal description
Miller Rezone
ALL THAT PORTION OF the SE1/4 of Section 13, Township 28 North, Range 4 East, W.M.,
described as follows:
BEGINNING at the SE corner of Lot 5, Block 7, Plat of Intercity Division No. 1, according to
the plat thereof recorded in Volume 2 of Plats, Page 9, records of Snohomish County,
Washington;
THENCE westerly along the south line of Lot 5, and the westerly projection thereof, to its
intersection with the centerline of 4th Avenue West (AKA Emander Road);
THENCE northerly along the centerline of 4th Avenue West to its intersection with the westerly
projection of the north line of said lot 5;
THENCE easterly along the north line of said lot 5 and its projection to the NE corner of said lot
5;
THENCE southerly along the east line of said lot 5 to the SE corner of said lot 5 and the POINT
OF BEGINNING.
Situate in the County of Snohomish, State of Washington.
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Section 5: 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 neither 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 6: 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 7: Corrections.
The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections
to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors,
references, ordinance numbering, section/ subsection numbers and any references thereto.
.02101,
Ray S rj,anson, ,ayor
A E .
CITY CLERK
Passed: 08/13/08
Valid: 08/20/08
Published: 08/23/08
Effective Date: 09/05/08
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