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3. The proposed amendment to the land use map and rezone promotes the best long term interest <br /> of the Everett Community, if conditions set forth herein are followed. <br /> 4. The approval as requested does not constitute a grant of special privilege to the proponent. <br /> NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN: <br /> Section 1: Approval <br /> 1. That the Comprehensive Plan Land Use map in the subject area east of 19th Avenue SE <br /> and south of 96th Street is herein amended from Single Family(1.1) to Community <br /> Business (4.2), as indicated on the attached map (Exhibit"A"). <br /> Section 2: Conditions of Approval <br /> 1. That the development, or a similar development, shown in the graphic (Exhibit"B") is <br /> built and all ownership combined under one owner which allows this type of <br /> development to occur. The rezone and Comprehensive Plan amendment will not occur <br /> unless all parcels are combined for the desired development. <br /> 2. That the adjacent boarder with residential properties shall receive a sight obscuring 6 foot <br /> tall wood fence placed next to the lot lines, in addition to landscaping in accordance to <br /> City Code. <br /> Section 3: Validity. <br /> Should any section, subsection,paragraph, sentence, clause or phrase set forth in this Ordinance or its <br /> application to any person or situation be declared unconstitutional or invalid for any reason, such <br /> decision shall not affect the validity of the remaining portions of this Ordinance or its application to any <br /> other person or situation. The City Council of the City of Everett hereby declares that it would have <br /> adopted this 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,phrases or portions <br /> be declared invalid or unconstitutional. <br /> Section 4: Purpose. <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of <br /> the general public and not to create or otherwise establish or designate any particular class or group of <br /> persons who will or should be especially protected or benefited by the terms of this ordinance. <br /> It is the specific intent of this Ordinance that no provisions nor any term used in this ordinance is <br /> intended to impose any duty whatsoever upon the City or any of its officers or employees. <br /> - 3 - <br />