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Home My WebLink AboutResolution 4974 01/1 ::1 RESOLUTION NO. 4974 A Resolution of the City of Everett Approving a Proposal to Rezone the William Scrupps Property located west of HWY 99 and south of 100th Street from R-3 to C-1 Upon Approved Completion of Certain Specified Provisions Contained Herein 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 1999 annual comprehensive plan amendment process in July, 1999, which included consideration of Land Use Map amendment and rezone applications initiated by private property owners; 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 has approved the application to amend the Land Use Map; and WHEREAS, the Ordinance amending the land use map 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, William Scrupps has filed an application to change the Comprehensive Plan designation from 1.6 (Multiple Family) to 4.4 (Mixed Use Commercial Multi-Family) and rezone the same area from R-3 (Multiple Family Medium Density) to C-1 (General Commercial), for the purpose of construction of a self serve mini storage facility; and WHEREAS, the C-1 zone allows a wide range of commercial uses which could have a detrimental impact on the residential areas located to the north and west; and WHEREAS, the applicant has agreed to meet the same conditions placed on the Earl Bumpass property to south for a similar project; and WHEREAS, the Everett Planning Commission, after a workshop and public hearing and in consideration of the recommendations of the Planning Department, did adopt certain Findings and did recommend, by Resolution, to the City Council that the proposed Comprehensive Plan map change and rezone be approved subject to the specific conditions set forth in said Resolution; and WHEREAS, the City Council Finds: a) The purpose for the requested land use map amendment is to allow for the construction of a self serve mini storage facility on the subject property; and b) Approval of the requested land use map amendment would likely result in the loss of 25 potential multi-family dwellings; c) The applicant cites as a basis for approval of the requested land use change, the low intensity of building scale and use represented by the self storage facility as a way to create a compatible transition between commercial zoned land to the south and east and the residentially zoned land to the north and west; and d) The land use polices of the comprehensive plan discourage speculative commercial rezoning and require that expansion of commercial land use designations into residential areas be based upon a plan integrating existing commercial areas and protecting abutting residential areas; and e) The terms of this Resolution that limit the use of the property and establish standards for development are sufficient to mitigate adverse impacts upon the adjacent residential areas; and 0. The rezone bears a substantial relation to the public health, safety and welfare; and g) The proposal promotes the best long term interests of the Everett Community. 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Everett that: Section 1: It declares its intent to rezone property, the legal description of which is: Olivia Park Division '1', Lot 3. On this lot described herein the zoning designation is hereby changed from R-3 (Multiple Family Medium Density) to C-1 (General Commercial). Pursuant to the provisions of Section 41.160 of Ordinance No. 1671-89, as amended. The Council shall, by Ordinance, effect such zone change upon being advised that all of the conditions set forth in Section 2 of this Resolution have been met. Section 2: It does hereby adopt the Planning Commission's Recommendations, dated April 4, 2000, as follows: a) The applicant's development plans and eventual construction, including site design, landscaped set backs and fencing shall be designed in such a way as to integrate the proposed storage facility with the abutting storage facility to the south of the subject property; and b) No other uses commonly allowed in the C-1 zone other than self service mini storage shall be permitted on this property, and c) Said self service mini storage shall be for private use only, no commercial use of units, either separately or in groups, shall be permitted. Section 4: Expiration of this Approval; If the mini storage facility proposal subject to this Resolution is not completed and in full compliance with the terms of this Resolution within five [5] years of the date of City Council approval, this Resolution shall become null and void. In the event that this Resolution becomes null and void, future development of the rezone portion of the site shall revert and be subject to the requirements of the 1.6 Comprehensive Plan Designation and the R-3 Multi-Family zone. Section 5: Use of Property Inconsistent with this Resolution; If the eventual design of the self serve storage structure(s) or eventual use of the herein described property is inconsistent with the terms of this Resolution, either before, during or after construction and installation of all improvements required by this Resolution, the Resolution shall become void, all entitlements to the uses permitted herein shall be forfeited, and any use inconsistent with the underlying zoning of the property shall be deemed a violation of the zoning code and be subject to violation, enforcement, and penalty provisions thereof. 3 Section 6: Resolution; A copy of this Resolution shall be recorded with the Snohomish County Auditor's Office and shall constitute a covenant running with the land. All conditions, limitations and terms specified herein shall be binding upon the property and all future owners, heirs, and assigns with any interest in the property described herein. (I) "�- Council Member Intro ucing Resolution PASSED AND APPROVED THIS 15th DAY OF November , 2000.0_ _�z.c _2. .Air_ t� ncil Presid'nt The undersigned is the applicant for the project subject to this Resolution. The applicant agrees to the provisions of this Resolution, agrees to fully comply, and agrees that the undersigned is authorized to b- sound by the provisions of this Resolution. AW 1Z 1- oo vilipplicant (signature) ' date iCj I Alf\ -te S c-i2 4)r.c. Print name State of Washington ) • ) SS. County --- ,L I certify that I know or have satisfactory evidence that/dm AZAA_Asigned this instrument and acknowledged it to be ( his, her, their) free and voluntary act for the uses and purposes mentioned in this instrument. Dated: / J/JO MARS Ag.�� 7.)- o��`\SS10N F}°9c�2 igna e of Notary Public v NOTARY u' / �� Title: 0 9�F 1-8-2004 C��O My commission expires: l -f 'Ili/ OF wAs\-# 4 -----.. ..• ...•.... . ..•• .•• ..• Scrupps Plan Amendment .''• • ..• ..••• .•' Amend Land Use Map from "Multiple Family, 20 to • 29 Dwellings per Gross Acre" to "Mixed Use Commercial - Multiple Family,"and Rezone from R-3 to C-1. The City ot Everett disclaims any warranty of merchwitability :• or warranty of limos of this map for any particular purpme, either ever%m implied. No represmiation or warranty is made concerning the au:limey,currency.compkteness or quality .••• of data del:titled on this map.Any user of this map assumes all responsibility for use dricof.and further mores to hold the City of Everett!taintless from and against any damage.loss.or liability arising from any me of this map. :•. _L_L__1.___. z / L_JI____IL___I :•• ---- /./ / we m mi: _ :•• a ..• , ..• 0 Mil :•• ED 0 '''. 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