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authority may require applications for non-project rezones to be evaluated as <br /> performance agreement rezones. <br /> 6. Performance Agreement Rezones - Resolutions of Intent. If the City decides to grant <br /> the request for a performance agreement rezone, it may adopt a resolution of intent to <br /> rezone. The resolution of intent shall establish a particular set of standards which govern <br /> the manner in which the site is developed and represents an agreement between the <br /> applicant (or future owners of the property) and the City. The resolution of intent permits <br /> the applicant to develop the property in accordance with the terms approved as part of the <br /> resolution. <br /> 7. Performance Agreement Rezones - Criteria. The City may approve an application for <br /> a performance agreement rezone only if it finds that: <br /> a. The proposed rezone is consistent with the Everett comprehensive plan; and <br /> b. The proposed rezone bears a substantial relation to public health, safety or welfare; <br /> 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 are <br /> sufficient to mitigate adverse impacts upon existing or anticipated land uses in the <br /> immediate vicinity of the subject property. <br /> 8. 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 by <br /> 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 codes and <br /> ordinances, develop the subject property in conformity with the resolution of intent to <br /> rezone. <br /> b. Effect on the City. If the applicant completes development of the subject property in <br /> conformity with the resolution of intent to rezone, the City shall make the zone boundary <br /> or zone classification change on the zoning map that was approved in that resolution. <br /> (See section 11 of this subsection.) <br /> 9. Performance Agreement Rezones -Minor Modifications. <br /> Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply <br /> for a minor modification to the site plan approved as part of that resolution. The City will <br /> use the review process described in the City's Local Project Review Procedures <br /> Ordinance to review and decide upon an application for a minor modification. If the <br /> Director determines that notice to contiguous property owners should be provided <br /> regarding the minor changes, the Director may require the proposed modification to be <br /> reviewed using a higher level of review process than otherwise required by the City's <br /> Local Project Review Procedures Ordinance. The City may approve a minor modification <br /> only if it finds that: <br /> a. The change is necessary because natural features of the subject property not foreseen <br /> by the applicant or by the City prior to adoption of the resolution of intent to rezone; and <br /> b. The change will not result in reducing the landscaped area, buffering areas or the <br /> amount of open space on the project required by the resolution of intent; and <br /> c. The change will not result in increasing the residential density or gross floor area of <br /> the project as approved by the resolution of intent; and <br /> d. The change will not result in any structure, or vehicular circulation or parking area <br /> which will adversely effect abutting property or public right-of-way, or conflict with any <br /> provisions of the resolution of intent or of this title; and <br />