Ordinance 2271-98 - Laserfiche WebLink

9. A floodplain delineation on the subject property has provided new information not available at the time the comprehensive plan was adopted which has demonstrated that the proposed land use designation is appropriate for the subject property; 10. The application of the residential land use designation only to that portion of the property located outside of the 100 year floodplain provides for the public health, safety and welfare; and 11. The proposed change in land use designation and zoning, which leaves the floodplain portion of the property in the agricultural land use designation and places the area outside the floodplain within the residential land use designation,promotes the best long term interests of the Everett community. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. The land use designation of the Land Use Map of the Everett Comprehensive Plan for the Tredway Corporation property located at 5701 First Avenue, as depicted on the attached "Exhibit A," as adopted by Ordinance #2021-94, is hereby amended from 6.1 "Agricultural/ Rural Shoreline Use"to 1.2 "Single Family Detached, 5 to 10 Dwellings per Gross Acre." Section 2. That should any section, subsection, paragraph, sentence clause or phrase set forth in this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance 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. Section 3. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. Section 4. The enactment of this ordinance shall not affect any case,proceeding, appeal or other matter currently pending before the City or in any court.