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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 II 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 /> d. The change will not result in any structure, or vehicular circulation or <br /> parking area which will adversely effect abutting property or public right-of-way, <br /> or conflict with any provisions of the resolution of intent or of this title; <br /> e. The city determines that the change will not increase any adverse impacts <br /> or undesirable effects of the project and that the change in no way significantly <br /> alters the project. <br /> 11. Performance Agreement Rezone-Major Modifications. The applicant may seek a <br /> modification to the approved site plan that does not meet all of the requirements <br /> of subdivision 10 of this subsection by submitting the application material <br /> required for a new performance agreement rezone. The city will process and <br /> decide upon this application, using the provisions in subdivision 8 of this <br /> subsection as if it were an application for a new performance agreement rezone. <br />