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ORDINANCE NO. ________ <br />An Ordinance Amending the Development Agreement for the Everett Riverfront District Properties <br />Related to the Landfill Site, Amending Section 1 of Ordinance No. 3121 -09, as previously amended <br />WHEREAS, <br />A.In 2009, the City approved a Planned Development Overlay rezone for the Everett Riverfront <br />District Properties pursuant to Ordinance 3121-09, implemented through a Development <br />Agreement, for properties commonly referred to as the Simpson site, the Landfill site, and the <br />Eclipse Mill site. <br />B.In 2014, a First Amendment to the Development Agreement was approved by City Council <br />pursuant to Ordinance 3373-14. The First Amendment only concerned the Simpson site and the <br />Eclipse Mill site and did not concern the Landfill site. <br />C.In 2019, a Second Amendment to the Development Agreement was approved by City Council <br />pursuant to Ordinance 3674-19. The Second Amendment only concerned the Landfill site and did <br />not concern the Simpson site or the Eclipse Mill site. The Second Amendment, among other <br />matters, contained a cinema in the First Phase of Landfill development. <br />D.In 2021, in response to the COVID-19 pandemic, the City Council approved an addendum to the <br />Second Amendment to the Development Agreement. This addendum postponed the cinema <br />from the First Phase to the Third Phase. <br />E.In 2023, as anticipated by the 2021 addendum, the developer of the Landfill proposed to change <br />the cinema use. In general, the proposal is to change the cinema use to an anchor food and <br />recreational use. <br />F.The specifics of the developer’s proposed change to the Development Agreement for the Landfill <br />are contained in the Second Addendum to the Second Amendment to Development Agreement, <br />which is attached as Exhibit 1 to this Ordinance and is referred to herein as the “Second <br />Addendum.” The Second Addendum does not contain any revision to the Development <br />Agreement with respect to the Simpson site or the Eclipse Mill site. <br />G.The Planning Commission considered the Developer’s proposed change at its meeting October <br />17, 2023, during which the Planning Commission recommended approval of the proposed <br />changes. <br />H.The City Council held a public hearing on January 17, 2024, before passage of this ordinance. <br />NOW, THEREFORE, the City Council adopts the foregoing recitals as its findings, and the City Council <br />therefore concludes the following: <br />1.The amendments in the Second Addendum approved by this Ordinance follow and are based on <br />an appropriate land use and environmental review process that has included meaningful <br />opportunities for public participation; and