HomeMy WebLinkAboutResolution 4547 • r
RESOLUTION NO. 4547
A Resolution of Intent to Rezone 2 Lots Owned by Land Concepts, Inc., Located at 2126
and 2130 116th Street SE, from R-1 (Single Family Low Density)to B-2(B) (Office) 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, Land Concepts, Inc., applied for an amendment to the Comprehensive Plan
Land Use Map for two single family lots located at 2126 and 2130 116th Street SE, from
"Single Family Detached, 5 to 10 Dwellings Per Gross Acre"to "Office;" 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 B-2(B) zone and
owned by the applicant 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.227398, approved the application to amend the Land Use Map; and
WHEREAS, said Ordinance No. 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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Everett
declares its intent to rezone property located 2126 and 2130 116th Street SE, a vicinity
map of which is attached hereto as Exhibit "A," from R-1 to B-2(B) (Office), 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 properties may continue to be used for uses allowed in the R-1 zone
according to the standards thereof The future use and development of the subject
properties for uses other than allowed by the R-1 zone shall be subject to approval
by the City through the SEPA and/or shoreline permit review process as an
integrated development with abutting B-2(B) zoned property in accordance with
the B-2(B) zone regulations.
2) Construction must be commenced within five (5) years of the date of
approval of this Resolution. 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.
3) 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-1 zoning of the property shall be deemed a violation of the zoning code and be
subject to the violation, enforcement, and penalty provisions thereof
4) 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.
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