Ordinance 2601-02 - Laserfiche WebLink

c. The terms of the resolution of intent agreed to by the applicant and the City are sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property. 4. Effect of Approval. If City Council approves an application for a performance agreement rezone, it will give effect to this decision by adopting a resolution of intent to rezone which will have the following effects: a. Effect on the Applicant. The applicant may, subject to all other applicable codes and ordinances, develop the subject property in conformity with the resolution of intent to rezone. b. Effect on the City. If the applicant completes development of the subject property in conformity with the resolution of intent to rezone, the City shall make the zone boundary or zone classification change on the zoning map that was approved in that resolution. 5. Minor Modifications. Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply for a minor modification to the site plan approved as part of that resolution. The City will use the review process described in the City's Local Project Review Procedures Ordinance to review and decide upon an application for a minor modification. If the Director determines that notice to contiguous property owners should be provided regarding the minor changes, the Director may require the proposed modification to be reviewed using a higher level of review process than otherwise required by the City's Local Project Review Procedures Ordinance. The City may approve a minor modification only if it finds that: a. The change is necessary because natural features of the subject property not foreseen by the applicant or by the City prior to adoption of the resolution of intent to rezone; and b. The change will not result in reducing the landscaped area, buffering areas or the amount of open space on the project required by the resolution of intent; and c. The change will not result in increasing the residential density or gross floor area of the project as approved by the resolution of intent; and d. The change will not result in any structure, or vehicular circulation or parking area which will adversely effect abutting property or public right-of-way, or conflict with any provisions of the resolution of intent or of this title; and e. The City determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project. 6. Major Modifications. The applicant may seek a modification to the approved site plan that does not meet all of the requirements of section 5 of this subsection by submitting an application which will be reviewed by the City using the provisions in section 3 of this subsection as if it were an application for a new performance agreement rezone. 7. Map Change. Upon completion of the project in full compliance with the resolution of intent to rezone, the City, using review process as described in the City's Local Project Review Procedures Ordinance, shall give effect to the rezone by adopting an ordinance implementing the rezone and making the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. The ordinance shall contain the legal description of the property being rezoned.