HomeMy WebLinkAboutOrdinance 2786-04 { 5
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ORDINANCE NO. 2786-04 A b/17 -7
An Ordinance amending the City's Zoning Code Map,
(Ordinance No. 1671-89, as amended, EMC Title 19) from
R-2 to R-1A for the residential area next to and including
the former Asarco Smelter site in the City of Everett.
Whereas, Ordinance No. 1671-89, as amended (Zoning Code and Zoning Map),
established zoning code uses and standards and establishes boundaries for different zones
within the City of Everett; and
Whereas, the property owner for the subject property has requested an amendment to the
Zoning Map rezoning the following area from R-2 to R-1 A; and
Whereas, the Hearing Examiner held a public hearing on July 22, 2004 and
recommended approval to the Everett City Council on July 30, 2004 to amend the Zoning
Map for the subject property; and
Whereas, the City Council does find that:
a) The proposed rezone is consistent with the Everett Comprehensive Plan; and
b) The proposed rezone bears a substantial relation to public health or welfare;
and
c) The proposed rezone promotes the best long —term interest of the Everett
community;
NOW THEREFORE, the City of Everett does ordain:
Section 1: The following described property (hereafter referred to as Exhibit "A" —
Legal Description and Exhibit "B" — Zoning Map) is hereby rezoned from R-2 to R-1A
subject to the provisions of this Ordinance, Title 19 EMC and Resolution 5525
Community Renewal Plan:
Exhibit"A"—Legal Description:
All that portion of the South Half of the Southwest Quarter of Section 8, Township 29
North, Range 5 East, W.M., in Snohomish County, Washington, Described as Follows:
Beginning at a point of the intersection with the Westerly Right of Way margin of East
Marine View Drive and the South Line of the South half of the Southeast Quarter of said
Section 8; Thence Westerly along the South Line of said Section 8 to the center of the
Right of Way margins of Hawthorn Street; Thence Northwesterly to the Center of the
Right of Way margin of Hawthorne Street and Butler Street; Thence Westerly following
the Center line margin of the Right-of Way of Butler Street to the Westerly Right of Way
margin of Balsam Lane;
Thence Northwesterly along said Westerly margin of Balsam Lane to the Easterly Right
of Way margin of Highway 99 (North Broadway); Thence Northeasterly and Easterly
along said Easterly margin of Highway 99 (North Broadway) to the Westerly Right of
Way margin of said East Marine View Drive;
Thence Southerly along said Westerly margin of East Marine View Drive to the Point of
Beginning;
Containing Approximately 18 Acres more or Less;
Situate in the City of Everett, County of Snohomish, State of Washington.
Situated in the County of Snohomish, State of Washington.
Exhibit "B"—Zoning Map:
Section 2: The City Clerk of the City of Everett is hereby instructed to file a duly
certified copy of this Ordinance including exhibits "A" and "B" with the Auditor of
Snohomish County, Washington.
Section 3: That the official map shall, upon the effective date of this Ordinance be
amended by the Planning Department, as hereinabove provided, and henceforth said
property shall be used in accordance with zone in which the same is now established, as
provided by Everett Municipal Code (Ordinance No.1671-89 as amended).
Section 4: Savings
The enactment of this Ordinance shall not affect any case, proceeding, appeal or other
matter currently pending in any court or before the City or in any way modify any
obligation, right or liability, civil or criminal, which may exist by virtue of any of the
ordinance herein amended.
Section 5 Severability
If any section, subsection, sentence, clause, phase or word of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutional thereof shall not affect the validity or constitutionality of any other
section, subsection, sentence, clause, phase or word of this Ordinance.
Section 6 Corrections.
The City Clerk is 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.
CITY OF EVERETT
AWN/,
Mayor ' Stephanson
ATTEST:
Ai
CTTY CLERK
Passed: 9/8/04
valid• E /13/04
Effective: 9/28/04
Published: 9/21/04
Ordinance ASARCO REZONE
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All that portion of the South Half of the Southwest Quarter of Section 8, Township
29 North, Range 5 East, W.M., in Snohomish County, Washington, Described as
Follows:
Beginning at a point of the intersection with the Westerly Right of Way margin of
East Marine View Drive and the South Line of the South half of the Southeast
Quarter of said Section 8; Thence Westerly along the South Line of said Section
8 to the center of the Right of Way margins of Hawthorn Street; Thence
Northwesterly to the Center of the Right of Way margin of Hawthorne Street and
Butler Street; Thence Westerly following the Center line margin of the Right-of
Way of Butler Street to the Westerly Right of Way margin of Balsam Lane;
Thence Northwesterly along said Westerly margin of Balsam Lane to the Easterly
Right of Way margin of Highway 99 (North Broadway); Thence Northeasterly and
Easterly along said Easterly margin of Highway 99 (North Broadway) to the
Westerly Right of Way margin of said East Marine View Drive;
Thence Southerly along said Westerly margin of East Marine View Drive to the
Point of Beginning;
Containing Approximately 18 Acres more or Less;
Situate in the City of Everett, County of Snohomish, State of Washington.
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