HomeMy WebLinkAboutOrdinance 3198-10 ORDINANCE NO. 319 8-10
AN ORDINANCE Rezoning 1.12 acres of Property Located at 10515 Evergreen Way (formerly
730 105th Street SW), from R-2, Single Family Detached, to C-1, General Commercial
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 1997 annual comprehensive plan amendment
process in July, 1997, which included consideration of Land Use Map amendment and rezone
applications initiated by private property owners; and
WHEREAS, Frank Aurdal applied for an amendment to the Comprehensive Plan Land Use Map
and rezone for property located at 730 105th Street SW, in the unincorporated portion of
Snohomish County, from "Single Family Detached, 10 to 12 Dwellings Per Gross Acre" to
"Mixed Use Commercial- Multiple Family;" and
WHEREAS,the Planning Commission, after holding a public hearing, did adopt certain
Findings and Conclusions and recommended to the City Council that the proposed plan
amendment be approved, subject to a Resolution of Intent to Rezone, pursuant to the provisions
of Section 41.160.D.7 of Ordinance No. 1671-89, as amended, and subject to the specific
conditions set forth in said Planning Commission recommendation; and
WHEREAS,the Everett Zoning Code provides a mechanism by which the City and property
owner may enter into a "performance agreement" wherein the proponent of a rezone agrees to
develop property according to the terms of the agreement before the rezone is finalized by the
City; and
WHEREAS, the City Council, based upon findings and conclusions stated in Ordinance No.
2274-98, approved the application to amend the Land Use Map; and
WHEREAS, said Ordinance No. 2274-98 requires that the zoning requested to implement the
changed land use designation be established through a Resolution of Intent to Rezone which
includes certain conditions and limitations agreed to by the applicant and the City;
and
WHEREAS, the subject property was subsequently annexed to the City of Everett on May 16,
1998 (Ord. No. 2294-98) and has been developed with uses that are accessory to the auto
dealership at 10515 Evergreen Way; and
WHEREAS,the City Council finds:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone bears a substantial relationship to the public health, safety and
welfare;
3. The proposed rezone promotes the best long term interests of the Everett community; and
4. The terms of the resolution of intent (Resolution No. 4548) have been met through the
annexation of the property and subsequent development of uses that are accessory to the
auto dealership at 10515 Evergreen Way.
NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN:
Section 1. Zoning Map amended. The official zoning map of City of Everett established
by Section 2.020 of Ordinance No. 1671-89, as amended, is hereby amended from"R-2"to "C-
1" for the subject property, which is legally described as follows and is shown graphically in
"Exhibit A."
Legal description of subject property:
Olivia Park Division 2, Block 000 D-02—West 140 feet of Lot 31
Section 2. Severability. Should any section,paragraph, clause or phrase of this Ordinance,
or its application to any person or circumstance, be declared unconstitutional or otherwise invalid
for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or
regulations, this shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Conflict. In the event there is a conflict between the provisions of this Ordinance
and any other City ordinance, the provisions of this Ordinance shall control.
Section 4: 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 number and any
references thereto.
2
I
1
Ray St anson, ayor
ATTEST:
IL1 .. II �.
CITY CLERK
Passed: 12/01/10
Valid: 12/02/10
Published:12/0 6/10
Effective Date: 12/171/0
3
EXHIBIT A
Dwayne Lane Rezone
Rezone from R-2(Single Family Med. Density)
to C-1 (General Commercial)
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Vicinity Map II i
Legend:
�A Site Boundary
1.2 acres
Parcel No.00535300003102
it. III
R-2 (Single Family Medium Density)
R-3 (Multiple Family Medium Density)
C-1 General Commercial — Ii
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