HomeMy WebLinkAboutResolution 4548 •
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RESOLUTION NO. 4548
A Resolution of Intent to Rezone 2 Lots Owned by Frank Aurdal, Located at 730 105th
Street SW,to C-1 (General Commercial) as Part of the
1997 Update to the City of Everett Growth Management Comprehensive Plan.
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 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 City of Everett finds that by requiring the future development of the
subject properties to be combined with abutting property located in the C-1 zone further
provides for the public health, safety and welfare; 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. 2274-6 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 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;
4. The terms of this resolution are sufficient to mitigate the impacts of the
proposed rezone;
5. The applicant will petition to annex the subject property to the City of Everett in
order to benefit from the amendment to the Land Use Map;
6. The City needs to establish an interim zoning upon annexation which will apply
to the property until the applicant is able to develop the property as allowed by the
Resolution of Intent to Rezone.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Everett
declares:
A. While the subject property is within the Everett Planning Area, by adopting this
Resolution the City is not committing to the annexation of the subject property
nor is the City waiving its legislative authority to consider any such annexation on
its own merits; and
B. That in the event the subject property is annexed to the City, the City will apply
an interim zoning of R-2 (Single Family Detached, Medium Density) to the
property located at 730 105th Street SW, a vicinity map of which is attached
hereto as Exhibit"A;" and
C. Its intent to rezone property located at 730 105th Street SW, a vicinity map of
which is attached hereto as Exhibit "A," from R-2 to C-1 (General Commercial),
pursuant to the provisions of Section 41.160 of Ordinance No. 1671-89, as
amended, and the Council shall by ordinance effect such rezone upon being
advised that all of the following conditions, stipulations, limitations, and
requirements contained in this Resolution have been met:
1) The property may continue to be used for uses allowed in the R-2 zone
according to the standards thereof. The future use and development of the subject
properties for uses other than allowed by the R-2 zone shall be subject to approval
by the City through the SEPA review process as an integrated development with
abutting C-1 zoned property for expansion of the existing automobile dealership
in accordance with the C-1 zone regulations and provisions of this resolution.
2) The outdoor lighting on the subject property be located and shielded to
prevent light from the subject property from shining directly on the abutting
residential properties.
3) The development of the property for expansion of an existing auto dealership
shall be required to include measures to minimize noise impacts upon abutting
residential properties, particularly from paging systems and outdoor speakers.
4) In the event the subject property is annexed to the City, construction must
be commenced within five (5) years of the date of annexation. Construction of
buildings and of the site improvements permitted by this Resolution shall be
completed within one year of the date of issuance of building permits. The
Planning Director may authorize an extension of up to one additional year.
5) Use of Property Inconsistent with this Resolution. If any use of the
subject property occurs which is inconsistent with the terms of this Resolution,
either before, during, or after construction and installation of all improvements
required by this Resolution,this Resolution shall become void and all entitlements
to the uses permitted herein shall be forfeited, and any use inconsistent with the
R-2 zoning of the property shall be deemed a violation of the zoning code and be
subject to the violation, enforcement, and penalty provisions thereof.
6) A copy of this Resolution shall be recorded with the Snohomish County
Auditor's Office. 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.
Council Member Introducing Resolution
PASSED and APPROVED this 21st day of January , 1998.
ge/ '
C uncil President
aurd-roi
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Frank Aurdal
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