Laserfiche WebLink
of special development standards. The review authority may require applications <br /> for non-project rezones to be evaluated as performance agreement rezones. <br /> 7. Performance Agreement Rezones-Resolutions of Intent. If the city decides to <br /> grant the request for a performance agreement rezone, it may adopt a resolution of <br /> intent to rezone. The resolution of intent shall establish a particular set of <br /> standards which govern the manner in which the site is developed and represents <br /> an agreement between the applicant(or future owners of the property) and the <br /> city. The resolution of intent permits the applicant to develop the property in <br /> accordance with the terms approved as part of the resolution. <br /> 8. Performance Agreement Rezones-Criteria. The city may approve an application <br /> for a performance agreement rezone only if it finds that: <br /> a. The proposed rezone is consistent with the Everett general plan; <br /> and <br /> b. The proposed rezone bears a substantial relation to public health, safety or <br /> welfare; and promotes the best long term interests of the Everett community; and <br /> c. The terms of the resolution of intent agreed to by the applicant and the city <br /> are sufficient to mitigate adverse impacts upon existing or anticipated land uses in <br /> the immediate vicinity of the subject property. <br /> 9. Performance Agreement Rezones-Effect of Approval. If city council approves an <br /> application for a performance agreement rezone, it will give effect to this decision <br /> by adopting a resolution of intent to rezone which will have the following effects: <br /> a. Effect on the Applicant. The applicant may, subject to all other applicable <br /> codes and ordinances, develop the subject property in conformity with the <br /> resolution of intent to rezone. <br /> b. Effect on the City. If the applicant completes development of the subject <br /> property in conformity with the resolution of intent to rezone,the city shall make <br /> the zone boundary or zone classification change on the zoning map that was <br /> approved in that resolution. (See subdivision 12 of this subsection.) <br /> 10. Performance Agreement Rezones-Minor Modifications. Subsequent to the <br /> adoption of the resolution of intent to rezone, the applicant may apply for a minor <br /> modification to the site plan approved as part of that resolution. The city will use <br /> Review Process IIA in this section to review and decide upon an application for a <br /> minor modification. The city may approve a minor modification only if it finds <br /> that: <br /> a. The change is necessary because natural features of the subject property <br /> not foreseen by the applicant or by the city prior to adoption of the resolution of <br /> intent to rezone; and <br /> b. The change will not result in reducing the landscaped area, buffering areas <br /> or the amount of open space on the project required by the resolution of intent; <br /> and <br /> c. The change will not result in increasing the residential density or gross <br /> floor area of the project as approved by the resolution of intent; and <br />