Resolution 5363 - Laserfiche WebLink

5. The proposed rezone shall be implemented through a Development Agreement as provided in RCW 36.70B.170, which will mitigate any adverse impacts upon existing or anticipated land use in the immediate vicinity of the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT: Section 1: Rezone Approval. The Everett City Council Approves the rezone of the property described in Exhibit"C" from R-3 to B-1, subject to a Development Agreement which is attached hereto as Exhibit"D" and incorporated herein by reference. Section 2: Modification of Zone Regulation. That in accordance with the Development Agreement provided in Exhibit"D", the rezone of the property described in Exhibit "C" from R-3 to B-1 is subject to the following conditions: (a)The residential use potential of the subject property be retained by including into the commercial design for the property no fewer than 12 units of housing, (b)That the resulting mixed use development shall substantially follow the binding site plan and elevation designs submitted to the Planning Commission by the applicant (attached as exhibit"B"), (c)That the mixed use development's 12 residential units remain a part of the project and not be converted to a non residential use at a later date. Section 3: Development Agreement. That the rezone action as described herein, shall be implemented through the execution of the Development Agreement attached hereto as Exhibit"D", and incorporated herein by reference. The Mayor is hereby authorized to sign the Development Agreement. Section 4: Effective Date. The rezone authorized herein shall become effective at such time as the Development Agreement attached hereto as Exhibit"D" is fully executed and the Ordinance amending the land use map for the subject property from 1.6 (Multiple Family 20-29 Units Per Gross Acre)to 4 (Neighborhood Business)becomes effective. Council Member Introdu ' g Resolution Passed and approved this 16 t hday of July , 2003 Council President