2006/04/12 Council Agenda Packet

ti determine if Council wishes to approve the requested modification. Major modifications include, but are not limited to, significant changes to elevation drawings, roof pitch, appearance of exterior details and implied materials, removal of under-structure parking (parking stall count will be based on parking requirements), reduction of environmental protection and storm water abatement facilities below the minimum required by Code and change to or reduction of other architectural details not mentioned here but depicted in the attachments. Modifications the City deems "minor"may be submitted to the Planning Director for consideration and administrative approval. A change in building step-back and/or roof design (but not pitch), reduction in the depth of balconies and splitting the required open space between the front and rear of the building (1,100 square feet total required) would be considered a minor modification. 2.3. Design Standards— Determination. The Historic Overlay zone standards shall not apply. The building on the RAL property shall be built substantially as shown in Exhibit B as determined by the Planning Director. The remaining properties in the block shall be governed by the City's Multiple Family Design Guidelines adopted by City Council Resolution No. 4618, or as in the future may be amended, and Multiple Family Development Standards of EMC 19.15, as amended. 2.4 Violation—Enforcement. In the event of any action to enforce this Agreement by the City, or on account of any default or breach of this Agreement by RAL, RAL shall be responsible for the City's costs and attorneys fees. The venue for such action shall be in Snohomish County Superior Court. Further, if construction and use of the Property is found to be inconsistent with the terms of this Agreement, all entitlements to the R-5 zone shall be forfeited, and any use inconsistent with the R-5 zone shall be deemed a violation of the Zoning Code and be subject to all violation, 1c