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HomeMy WebLinkAboutOrdinance 2016-94 • IMP ORDINANCE NO. 2016-94 , VERETT An Ordinance amending the Zoning Map of the City of Everett as provided by Ordinance No 1671-89, as amended, rezoning certain property located on the west side of 7th Avenue SE at 10660 7th Avenue SE from Single Family Detached Low Density Residential (R-1) to Single Family Low Density Residential Planned Residential Development (R-1-PRD), and confirming compliance with the terms of the Resolution of Intent to Rezone, Resolution No.3843, Auditors File #9310050074. WHEREAS, Lakecrest Construction Company applied for a rezone of the property located at 10660 7th Avenue SE. The purpose of the rezone was to allow the construction of a 13 lot subdivision with 13 planned single family units. The legal description of the rezone area is: Lots 7 and 8 Broadway Farms No. 2, as per plat recorded in Volume 13 of Plats, page 93, records of Snohomish County, Washington WHEREAS, Lakecrest Construction Company agreed to develop the site in accordance with the preliminary subdivision approval, approved final site plan, landscape plans, and building elevation; and WHEREAS, the City Council did pass Resolution No. 3843 on September 22, 1993, which declared the City's Intent to Rezone the subject property upon completion of the construction of the preliminary subdivision in accordance with the terms and conditions specified in said Resolution of Intent; Resolution 3843 Auditors File # 9310050074; and WHEREAS, by establishing standards for the use and development of the subject properties, the Resolution of Intent to Rezone is consistent with the designation of the Everett General Plan; and. WHEREAS, by subjecting the use of the property to Planned Development with a Site Plan, and conditioning the preliminary subdivision to City Standards, the development will promote the public health, safety and welfare, and will promote the best long term interests of the Everett Community; and • WHEREAS, the high standards for landscaping and the normal requirements of City Codes pertaining to the site plan, lot design, building design, will be implemented through the Resolution of Intent to Rezone, Resolution 3843 Auditors File # 9310050074, which has been agreed to by the applicant and the City. The requirements specified in the Resolution of Intent to Rezone are sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property; and WHEREAS, Lakecrest Construction Company has constructed the development in accordance with the terms of the Resolution of Intent to Rezone, Resolution No.3843, Auditors File #9310050074; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: SECTION 1: The zoning of the above described lots is hereby amended to R-1 PRD (Single Family Low Density Residential Planned Residential Development). SECTION 2: Any use of the property that is inconsistent with the terms and conditions of the Resolution of Intent to Rezone, as specified in Resolution No.3843, Auditor File #9310050074, shall be considered a violation of the City of Everett Zoning Code. Any such violation shall be subject to all enforcement provisions of City Codes. A copy of the Resolution of Intent to Rezone, Resolution No. 3843, Auditors File # 9310050074, is attached hereto and incorporated herein by reference. SECTION 3 The City Clerk of the City of Everett is hereby instructed to file a duly certified copy of this Ordinance with the attached Resolution of Intent to Rezone, Resolution No.3843, Auditor File #9310050074, with the Auditor of Snohomish County, Washington. SECTION 4: Severability. If any section, subsection, clause, phrase or any portion of this ordinance or the attached resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or attached resolution. The Everett City Council hereby declares that it would have adopted this ordinance and the attached resolution 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 CITY OF EVERETT dre1 i " a " . D. Ha SEN, MAYOR ATTEST: di2A-6C7:1461A-g-aJ CITY CLERK PASSED: 07/13/94 VALID: 07/15/94 PUBLISHED: 07/21/94 2' . / I 3 01 /7 I---- w 1 02 3/ C/j SP 2-91 5OL/VE 3 ,dIDD. / r` (5350)w �°�a AF9204I0500I 103rd PL. I I I 01 32 I I 1031 01 MI 05 o4 1 06,r5 i. --- - I 1 / 2=00671 Z>004 I BEG/S PLAT NO. 2 / .33 9 8 7 6 5 4 3 (3895) 2 2 OOcj I 2-01 1 --" -1 34 2-010 I I I I OI ( /3 — I �I L 1 j / PE E'S i —f of 02 /8I —2_0-0,7��9 1ryp0 /9 /7 h---— --T---- 2 p\ op 1 20 /s CO I I051 03 pco I /2 O4 SP 31- s7 26 I I ( ROBECK 24 23 22 W /5 27 25 CEDAR 2/ vi -- 1 (r.:/ /q // / 2 3 \ 106th ST. S. E. o - PETE'S (:), LAN. /3 • 1111101 30 3/ rj ..c /2 Flid: /0 5 III 36 35 34 // 106th PL. S. E. /0 Ra✓,ZO1J6 (7429) 9 s Ae c. I y / 2 3 4 5 6 7 8 I s Ir a 7 l 6 (/2440)/WES CREEK l Nip, q 107th PL. S. E. /o 'D/ / mow' w I 7 2 3 4 Cl) 5 /3 01 9 O2 I (73 4) WEST14 w 7 — J 4. L ..1 / 22 Q 2/CRFFK Q 9 / 01 23 20 /5 _ sr Div 2 s 7 — i\r" • \/4 Sec. Car -1 ID 6 4 BROADWAY FARMS NO. 2 (3970) M H/STOR/CAL NAME ( ) L } NOTE: ROAD DES/G LIMITS --->- — -` This is used fc