2009/03/25 Council Agenda Packet

Exhibit 3 to Ordinance No. 7 6. Development Standards. 6.1 Development on the Riverfront Property shall be subject to the development standards set forth in the following documents (the"Development Standards"): 6.1.1 Everett Riverfront District Zoning and Land Division Standards ("Zoning Standards"), a copy of which is included at Attachment F to this Agreement; 6.1.2 Mixed Use Development Design Guidelines ("Mixed Use Design Guidelines "), a copy of which is included at Attachment G to this Agreement; and 6.1.3 Residential Guidelines ("Residential Guidelines"), a copy of which is included at Attachment H to this Agreement. 6.2 In the event of a conflict between the Development Standards specified in this Agreement and the requirements of the EMC, the Development Standards of this Agreement shall prevail. In no event,however, shall any of the Development Standards set forth herein supersede or control over any contrary provision or contractual requirement in the PDA or any of the Environmental Agreements. 6.3 A Planning Director decision to reject a plan or permit based on inconsistency with the Development Standards must be made in writing and supported by findings and conclusions outlining the identified inconsistency. 7. Modification of Development Standards. An applicant may propose and the Planning Director, using Review Process II described in EMC Title 15, Local Project Review Procedures, may allow an applicant to deviate from the Development Standards of this Agreement,provided the proposal satisfies the evaluation criteria of this subsection. This process differs from the variance procedure in that rather than approval being based upon unusual circumstances or a physical hardship such as steep slopes, it is based upon the quality of the proposed design. This alternative process is intended to promote well-designed development which does not strictly comply with the Development Standards,but which meets the criteria contained herein. In evaluating such a proposal, the Planning Director, using the criteria herein, shall determine if the alternative design provides superior results to that which would be required by compliance with the Development Standards. 7.1 What Can Be Modified. The following standards can be modified using this process: Development Standards of this Agreement other than those that cannot be modified as specified below. 7.2 What Cannot Be Modified. The following standards cannot be modified using this process: 7.2.1 Number of off-street parking spaces. 7.2.2 Building height. 7.2.3 Uses permitted by the zone in which the property is located. -5- 71