Ordinance 2275-98 - Laserfiche WebLink

l 8. The City Zoning Code includes a rezone process which gives the City the authority to prohibit fragmented development of the subject two lots and which may be used to require future development of the subject property to be part of a combined development with abutting C-1 zoned property; 9. Approval of the requested land use map amendment would likely result in the loss of one existing single family dwelling and approximately twenty potential multiple family dwellings; 10. The proposed amendment to the land use map would be consistent with the land use policies of the comprehensive plan only if the Resolution of Intent to Rezone process is used to assure that the subject lot is developed as part of a larger combined development site with abutting C-1 zoned land which provides for integrated site planning to make more efficient use of the existing commercially zoned land and provide for adequate protection for abutting residential properties; 11. The requested amendment to the land use map and rezone provides for the public health, safety and welfare only if future development of the subject lot is conditioned upon being combined with abutting C-1 zoned land for an integrated site development; and 12. The proposed amendment to the land use map and rezone promotes the best long term interests of the Everett community only if future development of the subject lot is conditioned upon being combined with abutting C-1 zoned land as a larger integrated site development plan. 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 Earl Bumpass property located at 10121 9th Avenue W, as depicted on the attached "Exhibit A," as adopted by Ordinance#2021-94, is hereby amended from 1.6 "Multiple Family, 20 to 29 Dwellings per Gross Acre,"to 4.4 "Mixed Use Commercial - Multiple Family." The land use designation shall be implemented through a Resolution of Intent to Rezone. 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.