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zone use of the property. The public will be benefited by the continued residential use of the <br /> specified portion of the property establishment of development standards together with the <br /> implementation of mitigation measure; and <br /> C. This Agreement is entered into pursuant to RCW 36.70B.170, .180, and .190. The <br /> purpose of this Agreement is to keep that portion of the site historically used for residential use <br /> under R-2 standards and that that use and zone regulation will continue to govern that use as an <br /> overlay on the full-site rezone to B-2. This Agreement shall be construed in a manner that is <br /> consistent with applicable development regulations adopted by the City, except as modified <br /> herein; and <br /> D. The parties hereto agree that, as conditioned by this Agreement, Hofmann <br /> satisfies the criteria for approval of the rezone of the property described herein to B-2 with the <br /> R-2 standards applying only to the residence and that portion of the property historically <br /> associated with it under EMC Chapter 19.06.010 (Development Standards). <br /> PART ONE—PROPERTY USE <br /> 1.1 SEPA. The provisions of this Agreement are subject to the City's SEPA DNS <br /> determination(#00-067), which is incorporated herein by reference. <br /> 1.2 Restricted Use. Pursuant to Resolution No. 5075 , the property is zoned B-2. <br /> Provided, the residential use of the property that existed as of June, 2001, shall continue. That <br /> portion of the Property historically used for residential use shall remain residential and that <br /> portion of the property shall be controlled and subject to the Everett Zoning Code's R-2 <br /> standards not withstanding the B-2 zoning designation. <br /> \\evgenfap002\planning\BLarsen\FILES\reOhol2.DOC 2 <br /> Everett;7.13.01 <br />