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J. The upland portion of the annexation area is designated Industrial in Everett's Comprehensive <br /> Plan and Urban Mixed Use Industrial in Everett's Shoreline Master Program; and <br /> K. The Planning Commission held a public hearing regarding establishment of the implementing <br /> zone for the subject area upon annexation to the city and recommended that the area be zoned <br /> Heavy Industrial as shown in PC Resolution 20-06, Exhibit 1. <br /> WHEREAS,THE CITY COUNCIL FINDS: <br /> 1. The subject property proposed for annexation is located within Everett's MUGA; and <br /> 2. At least sixty percent of the boundaries of the territory proposed for annexation is contiguous to <br /> Everett's current municipal boundaries; and <br /> 3. The city and Snohomish County have jointly approved an interlocal agreement regarding <br /> annexation of the proposed portion of Smith Island; and <br /> 4. Heavy Industrial is the appropriate implementing zone for the area consistent with the <br /> comprehensive plan and shoreline master program designations; and <br /> 5. The proposed zoning bears a substantial relation to public health, safety or welfare and <br /> promotes the best long-term interests of the Everett community. <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: The Smith Island-West annexation is approved consistent with the terms of the ILA and with <br /> an effective date of June 7, 2021. <br /> Section 2:The zoning of that portion of the City of Everett shown on the map in Exhibit 1 is hereby <br /> established as Heavy Industrial, amending Ordinance No. 1671-89 (as amended). <br /> Section 3. The City Clerk and the codifiers of this Ordinance are authorized to make necessary <br /> corrections to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors, <br /> references and ordinance numbering. <br /> Section 4. The City Council hereby declares that should any section, paragraph, sentence, clause or <br /> phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it <br /> would have passed all portions of this Ordinance independent of the elimination of any such portion as <br /> may be declared invalid. <br /> Section 5. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other <br /> matter currently pending in any court or in any way modify any right or liability, civil or criminal, which <br /> may be in existence on the effective date of this Ordinance. <br /> Cassie Franklin, Mayor <br /> Page 2 of 4 <br />