HomeMy WebLinkAboutOrdinance 2846-05 �LL
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ORDINANCE NO. 2846-05
An Ordinance Approving an Amendment to
the Comprehensive Plan Map Designation
from Multiple Family (1.6) to Mixed Use
Commercial—Multi Family (4.4) and a
Rezone from R-3 (Multi Family) to C-1
(General Commercial) on a property located
east of the intersection of Highway 99
at 4th Avenue West.
The Lee Rezone.
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 City of Everett initiated its 2004 annual comprehensive plan amendment
process in July, 2004, which included consideration of Land Use Map amendments and rezone
applications initiated by property owners; and
WHEREAS, Mrs. Lee submitted an application for an amendment to the Land Use Map and
Rezone for a property located east of the intersection of Highway 99 at 4th Avenue West (Exhibit
"A"), from Multiple Family(1.6) to Mixed Use Commercial—Multi Family(4.4), (Exhibit
"B-1") and a Rezone from R-3 (Multi Family) to C-1 (General Commercial), (Exhibit`B-2");
and
WHEREAS, the Planning Commission held two public hearings on the matter on February 1,
2005 and continued it to March 1, 2005, at which time they continued public testimony and
heard applicant and staff presentations and considered the various aspects of the proposal; and
WHEREAS, on March 1, 2005, the Planning Commission did recommend approval of the
requested Comprehensive Plan amendment and rezone, subject to certain conditions; 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 March 23,
2005 , after which the City Council passed Resolution# 5603 in support of the application; and
WHEREAS, City Council held a public hearing on July 20, 2005 to take further testimony and
make the final decision as reflected by this Ordinance.
WHEREAS, CITY COUNCIL FINDS:
1. The purpose for the requested Comprehensive Plan land use map amendment and rezone is to
join, for project and zoning purposes, the subject area to the abutting commercial use to the
north, which is also owned by the applicant. The reason for this request is due in part to changed
circumstances in which busy local traffic conditions have increased to the point where vehicle
entry and exit for the subject site has become difficult, and growth in business activity at the
adjacent site to the north, under the same ownership, has grown to a point where there is a need
for additional parking.
2. Examination of relevant Comprehensive Plan policies shows that while Policy 1.1.3. calls for
discouraging conversion of residential areas to commercial use, and discouraging encroachment
of commercial uses into residential areas, it does allow for commercial use under section (i)
which states, "such conversion is allowed when redevelopment is necessary to preserve the
economic viability of an existing commercial use that serves the community."
3. To achieve the indicated land use change the City needs to amend the Comprehensive Plan
Land Use map from Multiple Family(1.6) to Mixed Use Commercial—Multi Family(4.4) and
Rezone the property from R-3 (Multi Family) to C-1 (General Commercial).
4. Owners of neighboring properties to the east and south have indicated a desire to be screened
not just by landscaping but also by a fence along the property line. A sight obscuring fence
should be placed along the east and south property lines is important.
5. There have been complaints about trash on the site and refuse placed on adjacent properties
by tenants of the commercial operation under property ownership of Lee.
WEREAS CITY COUNCIL CONCLUDES:
1. The application provided in support of this action is consistent with the Comprehensive Plan
because the change in land use is necessary to the economic viability of the adjacent existing
commercial use, which is operated under common ownership with the subject site.
2. Clean-up of the site and adjacent properties and visual impacts to surrounding properties
could be mitigated if certain conditions of approval are put forth, as found herein.
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3. The public health safety and welfare would be provided for by the proposal under existing
development regulations of the City if applied in conjunction with conditions of approval as found
herein.
4. The amendment to the land use map and rezone promotes the best long term interests of the Everett
community if conditions of approval of permits found herein are applied.
5. The approval as requested does not constitute a grant of special privilege to the proponent.
NOW, THEREFORE, THE EVERETT CITY COUNCIL DOES ORDAIN:
Section 1: Approval
1. That the Comprehensive Plan Land Use map in the subject area east of Highway 99 at 4th
Avenue west is herein amended from Multiple Family(1.6) to Mixed Use Commercial—Multi
Family(4.4), as depicted on the attached Exhibit`B-1."
2. That the subject property is herein rezoned from R-3 (Multi Family) to C-1 (General
Commercial), as depicted on the attached Exhibit`B-2."
Section 2: Conditions of Approval
1. The subject property shall be linked to and used only in support of the existing business
activity to the north.
2. The adjacent property to the east will be cleaned up by the removal of any refuse,metal
drums, etc. Such clean-up will be competed prior to issuance of site improvement permits.
3. The entire length of the east and south sides of the combined property shall be provided with a
site obscuring 6 foot tall wood fence.
4. The property being rezoned will be improved to parking lot standards (C-1 zone standards)
before it is used for parking.
5. The subject rezone property shall not provide for, or be configured to support, traffic to or
from 4th Avenue. All vehicle access shall come from curb cuts on the owner's other properties
(adjacent and to the north). Left turns shall not be allowed from those other (northern) curb cuts
onto Evergreen Way.
6. The Planning Department is instructed to amend the Comprehensive Plan and Zoning maps to
reflect the noted Comprehensive Plan map amendment, zone change.
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7. Exhibits "A," "B-1," `B-2," and"C" are hereby made part of this approval and incorporated
herein by reference.
8. The site improvements for the new parking lot to City Standards will be completed within 6
months of the effective date of this ordinance if used for parking.
Section 3: The legal description of the area affected by this action is:
See legal description at Exhibit"C"
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.
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 no 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.
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Section 7: 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.
ifj/6144AMLAA-
Ray Stephanson, Mayor
ATTEST:
11 , . Q.TY CLERK
Passed: 7-20-05
Valid: 7-25-05
Published: 7-29-05
Effective Date: 8-9-05
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Exhibit "A"
Lee Comprehensive Plan map Amendment and Rezone Site
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Exhibit"B-1"
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Comprehensive Plan Amendment
1.6 (Multi)le Family) to 4.4 (Mixed Use Commercial
Mulitple Family)
• Vicinity Mop Ii♦1VJ`
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Comprehensive Plan Amendment: 1 il,i , „'
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Site Boundary 1f
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1.6(Multiple Family,20-29bUA)
= 4.4(Mixed Use Commercial)
�,�f, Scale: linch = 200 feet
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May 24, 2005
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Exhibit"B-2"
Lee Rezone
Rezone R-3 (Multi-Family)to C-1 (Commercial)
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Zoning Change:
Rezone R-3 (Multi-Family Med. Density)
to C-1 (Community Business)
Rezone# 03-003
Zoning Designations: Vicinity^Map'
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Scale: linch = 200 feet
May 24, 2005
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Exhibit C
Legal Description
SE CORNER SECTION 13 TOWNSHIP 28 NORTH RANGE 04 EAST
INTERCITY DIV 1 BLK 007 D-00—TH PTN LOT 4 LY S OF A LN DAF BEG AT SW
CORN SD LOT 4 TH N ALG W LN THOF 62.37 FT TPB OF LN TH NELY IN A STRT
LN TAP ON NELY LN SD LOT 4 WH IS 100 FT SELY OF MOST NLY COR SD LOT 4
& TERM SD LN LESS W 10 FT PER QCD AF NO 8612160145 & SWD AF NO
8701220108. ALL ZONE BOUNDARIES TO CENTER OF RIGHT OF WAY OR
PROPERTY LINE AS INDICATED.
SITUATE IN SNOHOMISH COUNTY, WASHINGTON
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