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8. This action would have no additional impacts on other properties in the vicinity based <br /> upon the conditions of approval to be incorporated in the Development Agreement; <br /> 9. The change of the land use designation will not pressure other properties in the vicinity to <br /> do the same; <br /> 10. The proposed changes provide for the public health, safety and welfare; and <br /> 11. This proposed Comprehensive Plan amendment and rezone promotes the best long term <br /> interest of the Everett Community. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Amendment of the Land Use Map of the Comprehensive Plan. The <br /> Comprehensive Plan land use map designation for the property located at 12704 19th Avenue SE <br /> is hereby amended from 1.3: Single Family Detached to 4.4: Mixed-Use Commercial/Multiple <br /> Family, amending Ordinance No. 2021-94, as amended and as depicted in Exhibit"A". <br /> Section 2: Approval of Rezone. The zoning for the property is changed from R-2: Single <br /> Family Medium Density to C-1: General Commercial, amending Ordinance No. 1671-89, as <br /> amended and as depicted in Exhibit"B". <br /> Section 3: Legal Description. The legal description of the area affected by this action is described in <br /> Exhibit"C". Any conflict between the legal description and map shall be resolved by referring to the <br /> map. <br /> Section 4: Conditions of Approval. Use of the site and the current and/or future structure(s) on <br /> it shall be subject to conditions and requirements of the Development Agreement attached hereto <br /> as Exhibit"D" and shall apply to the subject property and the abutting commercially zoned <br /> property south of the subject property and owned by the applicant. The terms and conditions in <br /> the Development Agreement shall supersede the previous conditions of approval applied to the <br /> property through City Council Resolution No. 5076, Ordinance No. 2522-01, and Ordinance No. <br /> 3151-09. The Mayor is hereby authorized to execute the Development Agreement. <br /> Section 5: Incorporation. Exhibits A, B, C and D are hereby made part of this approval and <br /> incorporated herein by reference. <br /> Section 6: Severability. Should any section, paragraph, clause or phrase of this Ordinance, or <br /> its application to any person or circumstance, be declared unconstitutional or otherwise invalid <br /> for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or <br /> regulations, this shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to other persons or circumstances. <br /> Section 7: Conflict. In the event there is a conflict between the provisions of this Ordinance <br /> and any other City ordinance, the provisions of this Ordinance shall control. <br /> Page 3 of 14 <br />