2005/04/20 Council Agenda Packet

y J WHEREAS, the City Council did adopt the Resolution on Intent to Rezone in Resolution No. 4866, together with a development agreement identifying a specific site plan, B, and other conditions that must be met to secure the final Zone designation on the subject property; and WHEREAS, Safeway Stores proposed to modify the approved site plan to accommodate a gas station at the corner of 41st Street and Rucker Avenue; and WHEREAS, an environmental analysis of the proposed amended site plan associated with a new gas station on the corner of 41st and Rucker Avenue was conducted by the City in compliance with the requirements of the State Environmental Policy Act (SEPA); and WHEREAS, the Planning Commission conducted a Public Hearing on the proposed amendment to the site plan on October 1, 2002, to consider the proposed amendment to the approved site plan and made a supporting recommendation to the City Council on Safeway's proposed site plan amendment; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Everett declares: Section 1: The site plan previously approved as a condition of No. 4866, is hereby amended as shown on Exhibit A which is attached hereto and incorporated by reference. Section 2: That should any section, subsection, paragraph, sentence clause or phrase set forth in this Resolution 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 Resolution 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 Resolution 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 Resolution 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 resolution. Nothing contained in this Resolution 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. Page 2