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NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> EVERETT: <br /> Section 1: Rezone Approval. <br /> The Everett City Council Approves the rezone of the property described in Exhibit "A" from R-2 <br /> to B-2, subject to a Development Agreement which is attached hereto as Exhibit "B" and <br /> incorporated herein by reference. <br /> Section 2: Modification of Zone Regulation. <br /> That in accordance with the Development Agreement provided in Exhibit "B", the rezone of the <br /> property described in Exhibit"A" from R-2 to B-2 is subject to the following conditions: <br /> (a) The subject property shall be used only for housing (up to 12 units) and an educational <br /> facility, no other B-2 uses will be allowed; <br /> (b) Access to the subject property shall be taken only from Evergreen Way; <br /> (c)The subject property shall obtain final approval through the short sub division process; <br /> (d) The residential uses facing Fleming Street shall remain residential, with any use changes <br /> approved by City Council; and <br /> (e) A permanent 6 foot high fence shall be placed along the full length of the west boundary of <br /> the subject property. <br /> Section 3: Development Agreement. <br /> That the rezone action as described herein, shall be implemented through the execution of the <br /> Development Agreement attached hereto as Exhibit "B", and incorporated herein by reference. <br /> The Mayor is hereby authorized to sign the Development Agreement. <br /> Section 4: Effective Date. <br /> The rezone authorized herein shall become effective at such time as the Development Agreement <br /> attached hereto as Exhibit"B"is fully executed and the Ordinance amending the land use map <br /> for the subject property (from Single Family 10-12 Units Per Acre to General Commercial— <br /> Multiple Family) becomes effective. <br /> Council Member Introducing ': tion <br /> Passed and approved this 3rd day of April , 2002 <br /> zi <br /> Council President <br />