Ordinance 3121-09 - Laserfiche WebLink

WHEREAS, the standards in the Development Agreement approved by this Ordinance follow and are based on an appropriate land use and environmental review process that has included meaningful opportunities for public participation; NOW, THEREFORE,the City enters the following Findings and Conclusions: FINDINGS 1. The City was the owner of certain land located within the City of Everett, Snohomish County, Washington, adjacent to the Snohomish River and containing approximately 217 acres, including a former landfill site("Landfill Site") and two former mill sites (the"Mill Site"and the "Simpson Site")with a total area of approximately 119 acres. 2. The Landfill Site and the Simpson Site has been the subject of detailed environmental characterization and remedial actions under the state's Model Toxics Control Act. The Simpson Site was the subject of a voluntary cleanup in which the Washington Department of Ecology ("Ecology") issued a"no further action letter"in 2008 and the Landfill Site was the subject of a final court- approved Consent Decree entered into between the City and Ecology dated April 2,2002 ("the Consent Decree"),which was amended in 2008 be between OM and Ecology, which includes a Restrictive Covenant dated January 14, 2002 ("Restrictive Covenant")and a final Cleanup Action Plan ("CAP"). These documents and instruments set forth certain conditions and requirements imposed to protect public health,the environment and the integrity of the remedial actions that have been taken on portions of the above properties. 3. On November 15, 2006,the Everett City Council passed Resolution 5834 declaring the above City property to be not required for City purposes and its sale to be in the best interests of the City, in accordance with Ordinance 2935- 06. 4. The Everett City Council conducted a request for qualifications process to select a purchaser who would develop the properties with high quality,mixed-use retail and residential development. The City selected OM,an experienced developer of commercial,retail and residential properties, as the preferred developer and, following a period of negotiation, entered into a property disposition agreement dated February 7, 2007. The PDA was amended three times, most recently on April 30, 2008 ("PDA" as used in this ordinance means the February 7, 2007 property disposition agreement as modified by the three subsequent amendments). 5. The sale of the City properties to OM was intended to implement the City's plan for redevelopment of the Riverfront District. The City's plan is described in and implements plans and programs adopted by the City, including but not limited to the City's Comprehensive Plan, Shoreline Master Program and development regulations, and is summarized in Exhibit G of the original PDA. 2