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ORDINANCE NO. 319 8-10 <br /> AN ORDINANCE Rezoning 1.12 acres of Property Located at 10515 Evergreen Way (formerly <br /> 730 105th Street SW), from R-2, Single Family Detached, to C-1, General Commercial <br /> WHEREAS,the City of Everett adopted a new Comprehensive Plan in August, 1994, in <br /> conformance with the Washington State Growth Management Act; and <br /> WHEREAS,the Growth Management Act, codified as RCW Chapter 36.70A, allows for <br /> comprehensive plans to be amended on an annual basis; and <br /> WHEREAS, the City of Everett initiated its 1997 annual comprehensive plan amendment <br /> process in July, 1997, which included consideration of Land Use Map amendment and rezone <br /> applications initiated by private property owners; and <br /> WHEREAS, Frank Aurdal applied for an amendment to the Comprehensive Plan Land Use Map <br /> and rezone for property located at 730 105th Street SW, in the unincorporated portion of <br /> Snohomish County, from "Single Family Detached, 10 to 12 Dwellings Per Gross Acre" to <br /> "Mixed Use Commercial- Multiple Family;" and <br /> WHEREAS,the Planning Commission, after holding a public hearing, did adopt certain <br /> Findings and Conclusions and recommended to the City Council that the proposed plan <br /> amendment be approved, subject to a Resolution of Intent to Rezone, pursuant to the provisions <br /> of Section 41.160.D.7 of Ordinance No. 1671-89, as amended, and subject to the specific <br /> conditions set forth in said Planning Commission recommendation; and <br /> WHEREAS,the Everett Zoning Code provides a mechanism by which the City and property <br /> owner may enter into a "performance agreement" wherein the proponent of a rezone agrees to <br /> develop property according to the terms of the agreement before the rezone is finalized by the <br /> City; and <br /> WHEREAS, the City Council, based upon findings and conclusions stated in Ordinance No. <br /> 2274-98, approved the application to amend the Land Use Map; and <br /> WHEREAS, said Ordinance No. 2274-98 requires that the zoning requested to implement the <br /> changed land use designation be established through a Resolution of Intent to Rezone which <br /> includes certain conditions and limitations agreed to by the applicant and the City; <br /> and <br />