Ordinance 2594-02 - Laserfiche WebLink

L as adopted by Ordinance#2021-94, is hereby amended from 1.3 (Single Family, 10 to 12 Dwelling per Gross Acre) to 4.4 (Mixed Use Commercial—Multi Family). The land use designation shall be implemented through a Development Agreement. Section 2. Validity: 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. Benefit to Public Health, Safety and Welfare: 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. 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. Enactment: The enactment of this Ordinance shall not affect any enforcement matter, case, proceeding, appeal or other matter currently pending in any court, or before the City, or in any may modify and create obligation, right or liability, civil or criminal, which may be in existence on the effective date of this Ordinance. Section 5. Effective Date: This Ordinance shall not become effective until there is full compliance with the conditions established by the Development Agreement for the property designated in Section 1 of this Ordinace. Said conditions include: finalization of the short subdivision that will create the subject lot, use of the subject lot for residential use and an educational facility only, preservation of the residential use of the property facing Fleming Street, placement of a fence of the west side of the subject lot and access to/from the subject site shall be taken from Evergreen Way. 4