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3) The proposed land use designation would not be applied to other properties in the <br /> vicinity. By changing the land use designation as recommended, the City is not providing <br /> a special grant or privilege to the applicant due to uncommon access and site constraints <br /> at this location; and <br /> 4) Pressure to change the land use designation of other properties in the vicinity <br /> outside the present location is unlikely due to current use and zone considerations; and <br /> WHEREAS, with regard to the Mitrachkaw property located in the 3900 block of <br /> Wetmore Avenue, the City Council further finds: <br /> 1) The purpose for the requested land use map amendment is to allow for an <br /> incremental increase in housing density near the City Core; and <br /> 2) The applicant has offered, in testimony before the Planning Commission, and in <br /> writing a willingness to hold the height of any structure he builds to 45 feet; and <br /> 3) The requested amendment to the land use map and rezone promotes the public <br /> health, safety and welfare and the long term interests of the Everett Community provided <br /> development of the subject property is conditioned according to the stipulations, <br /> restrictions and provisions found herein; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Land Use Map Amended: Exhibit "A" of Ordinance NO. 2021-94, as <br /> amended, the Everett Comprehensive Plan map land use map, is hereby amended for the <br /> land use designation for the Mitrachkaw property located in the 3900 block of Wetmore <br /> Avenue, as depicted on Exhibit "A," (which is attached hereto and incorporated herein <br /> by reference from 1.6 (Multiple Family, 20-29 Dwellings Per Acre) to 1.7 (Multiple <br /> Family 30-50 Dwellings Per Acre) subject to the maximum building height of the subject <br /> property remaining at the R-3 zone height of 45 feet. <br /> Section 2: Validity: That should any section, subsection, paragraph, sentence clause or <br /> phrase set forth in this Ordinance or its application to any person or situation be declared <br /> unconstitutional or invalid for any reason, such decision shall not affect the validity of the <br /> remaining portions of this Ordinance or its application to any other person or situation. <br /> The City Council of the City of Everett hereby declares that it would have adopted this <br /> Ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br /> irrespective of the fact that any one or more sections, subsections, sentences, clauses, <br /> phrases or portions be declared invalid or unconstitutional. <br />