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2. In the case of the PUD's Beverly switching yard site, there is an existing Special Property Use <br /> (SPU) Permit in affect that shall become void at the time the City Council Ordinance <br /> approving the Institutional Zone with Master Plan comes into affect. <br /> 3. Expansion phases II and III are herein approved according to diagrams and descriptions <br /> submitted with the application (Rez 04-001) subject to the following: <br /> a. Project level permit review shall be required for all expansion activity. <br /> b. On-site detention of off site storm water shall be continued. <br /> c. On-site fire control access to the north side of the property, outside the 50 foot buffer, <br /> will be established and maintained by the Snohomish County PUD utilizing <br /> recommended principles from State Department of Natural Resources publication(s) on <br /> fire break landscaping. <br /> d. Correction of electric static problems for adjacent residential property owners. <br /> e. The 50 foot visual buffer along the north side of the property shall be retained and <br /> enhanced with native landscaping in order to the screen adjoining properties to the <br /> north. <br /> f. That the Snohomish County PUD #1 performs a cleanup of garbage on the site on a <br /> semi-annual basis and that notification of such a cleanup effort should be coordinated <br /> through the Pinehurst Neighborhood Association; and <br /> 4. The Planning Department is instructed to amend the Comprehensive Plan map and <br /> Zoning map to reflect the noted amendment and rezone. <br /> 5. Exhibit"A," `B-1," "B-2," "C," and"D are hereby made part of this approval and <br /> incorporated herein by reference. <br /> Section 3: The legal description of the area affected by this action is: <br /> See Exhibit "D" <br /> Section 4: 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 /> 5 <br />