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3 <br /> .41W4 <br /> ORDINANCE NO. <br /> An Ordinance Amending the Development Agreement <br /> for the Everett Riverfront District Properties <br /> Related to the Simpson Site and Eclipse Mill Site,Amending Ordinance No. 3121-09 <br /> WHEREAS, <br /> A. In 2009,the City approved a Planned Development Overlay rezone for the Everett <br /> Riverfront District Properties, implemented through a Development Agreement between <br /> the City and OliverMcMillan for properties commonly referred to as the Simpson site,the <br /> Landfill site,and the Eclipse Mill site. <br /> B. In July 2013,PNW Riverfront, L.L.C. and Riverfront Commercial, L.L.C. (collectively, <br /> "Polygon"),with the consent of the City, assumed the rights and obligations of <br /> OliverMcMillan related to the Everett Riverfront District Properties, including the rights <br /> and obligations under the Development Agreement. <br /> C. The Development Agreement includes zoning and development standards, including a <br /> conceptual development site plan that applies to, governs, and vests the development, use <br /> and mitigation of the Polygon development of the Riverfront District Properties. <br /> D. In 2013, Polygon proposed changes to the conceptual site plans and development <br /> agreement standards for the Simpson site and Eclipse Mill site. City staff worked with <br /> Polygon to revise Polygon's proposed changes. <br /> E. In late 2013 and early 2014,the Planning Commission considered Polygon's proposed <br /> changes. This included a public workshop on December 17, 2013, a public hearing on <br /> January 7, 2014, and a public hearing on February 11,2014. During the Planning <br /> Commission process, Polygon further revised its proposed changes to the Development <br /> Agreement. On February 11, 2014,the Planning Commission recommended approval of <br /> the proposed changes as revised. <br /> F. Polygon's proposed changes to the Development Agreement are contained in the First <br /> Amendment to Development Agreement("First Amendment"),which is attached as <br /> Exhibit 1 to this Ordinance. In summary,the changes to the Development Agreement <br /> contained in the First Amendment include the following: <br /> 1 <br /> 40 <br />