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Fabrsary 9,2000 <br /> 0.The propomi changes to the M-I Zone for this property bear a substantial <br /> relation to public health,safety or welfare:and promote the best long teem <br /> interests of the Everett Community;and <br /> 9.The proposed rezone meets all of the criteria in Chapter 41.Subsection <br /> 160.4 of the Zoning Code. <br /> 10.The proposed rezone shall be implemented through a Development <br /> Agreement as provided in RCW 36.]00.1]0.......... <br /> Due to the length of this resolution it can be found <br /> In 10-entirety on file in the ay Clerk's Office. <br /> Councilmember Warnock clarified that through the Planning Commission <br /> process and through the public hearings it hes been very well stated that the <br /> purpose of this property is for recreation and ball fields. He questioned the <br /> verbiage in the recitals of du Development Agreement,Section D,and asked <br /> for assistance in creating verbiage to indicate that the purpose of this property is <br /> ft recreation and ball fields. He was concerned that in More years the <br /> purpose of the property could be changed sod that is not the intent. The <br /> verbiage"including but not linked"was of cotfom m him. <br /> Moved by Councllmemher Warnock, seconded by Cauadlmmber <br /> Overstreet to amend the verbiage hn Section D,page 2,of the Development <br /> Agreement(Exhibit 2),"for remotion and or ball fief.and any accessory <br /> or complimentary use thereto for open space,parking,utilities and slope <br /> support winch conveyance provides a public bandit to the Everett <br /> community.^ <br /> Mayor Hansen brought forth a legal concern and recommended including the <br /> original verbiage as recommended by the City Attorney. The problem being <br /> that if sometime in the fume there is a related use that has not been considered <br /> and specified then there could be a legal effect that 6 nal intended. <br /> Cou..citmember Overstreet sated that If recrem.m is important then perhaps the <br /> City Council does want to restrict this.South Everett is lacking in parks and <br /> 61 <br />