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9?07 d 9?07—19'I"-Av*-' Se c�ti� <br />February 19, 1997 <br />adequately protected from the impacts of commercial use of the property to be <br />rezoned; and <br />WHEREAS, the Everett Zoning Code provides a mechanism by which the City <br />and property owner may enter into a "performance agreement" wherein the <br />proponent of a rezone agrees to develop property according to the terms of the <br />agreement before the rezone is finalized by the City; and <br />WHEREAS, the City Council finds: <br />1. The proposed rezone is consistent with the Comprehensive Plan; <br />2. The proposed rezone bears a substantial relation to the public health. safety and <br />welfare; <br />3. The proposed rezone promotes the best long term interests of the Everett <br />community; and <br />4. The terms of this resolution are sufficient to mitigate the impacts of the <br />proposed rezone. <br />NOW, THEREFORE. BE IT RESOLVED THAT THE CITY COUNCIL OF <br />THE CITY OF EVERETT declares its intent to rezone property located at 9707 <br />and 9709 19th Avenue SE, a vicinity map of which is attached hereto as Exhibit <br />"A," from R-2(A) (Single Family Attached Medium Density) to B•2 (Community <br />Business), pursuant to the provisions of Section 41.160 of Ordinance No. 1671- <br />89, as amended, and the Council shall by Ordinance, effect such rezone upon <br />being advised that all of the following conditions, stipulations, limitations, and <br />requirements contained in this Resolution have been met: <br />1. Development of the site shall be in conformance with the conceptual site plan <br />attached hereto as Exhibit "B," provided that modifications to said plan may be <br />approved by the City, as provided by Section 41.160.13 of the Zoning Code, <br />during the SEPA review which shall be required prior to issuance of building <br />permits. All requirements of the City of Everett Zoning Code for the B-2 zone <br />shall apply except as otherwise provided herein. <br />2. Setbacks. The rear setback from the east property line shall be a minimum of <br />25 feet. The from setback shall be a minimum of 10 feet. The north and south <br />setbacks shall be a minimum of 10 feet. <br />i1 <br />