Ordinance 2702-03 - Laserfiche WebLink

3) The proposed land use designation could conceivably be applied to other properties in the vicinity but only under similar circumstances where residential capacity is retained under the mixed use aspect found in this application. By changing the land use designation as recommended, the City is not providing a special grant or privilege to the applicant due to his willingness to retain the residential component currently applied to the site. Rather, the applicant's willingness to risk investment capital at this location makes this action a supporter of long range City goals to expand innovative ways to gain or retain population capacity, while protecting and improving residential neighborhood livability; and 4) Pressure to change the land use designation of other properties in the vicinity outside the present location could occur but only under conditions and findings similar to those found here, including addressing public benefit needs, which in this case included keeping the residential use of the property while adding the high quality mixed use development component, meeting existing development regulations found in the Zoning Code and adoption of a binding site plan as called for in the Comprehensive Plan. WHEREAS, with regard to the Singh property located on West Casino Road at 5th Avenue, the City Council further finds: 1) The purpose for the requested land use map amendment is to allow for an innovative land use action (mixed use) while ensuring residential capacity remains; and 2) The applicant has offered, in testimony before the Planning Commission and City Council, in writing, and through submission of a binding site plan and a willingness to build the project as shown in the attached Exhibits "B" and"C"; and 3) The requested amendment to the land use map and rezone promotes the public health, safety and welfare and the long term interests of the Everett Community provided development of the subject property is conditioned according to the stipulations, restrictions and provisions as found in the development agreement attached by reference to the rezone ordinance that accompanies this action; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Exhibit A of Ordinance 2021-94, as amended, the Everett Comprehensive Plan land use map, is herby amended for the land use designation for the Singh Property. 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.