Resolution 5382 - Laserfiche WebLink

- I 1 1 1 9. Consequently, the Port, on July 1, 2001, filed a Planned Development Overlay application with the City in accordance with Chapter 19.41.160.D of the Everett Municipal Code ("EMC"). The purpose of a Planned Development Overlay zone is to allow for: "development that is innovative or otherwise beneficial to the community but which does not strictly comply with the provisions of the [zone] in which the property is located. This mechanism...is intended to promote high quality developments which benefit the city more than would a development which complies with the specific requirements of this title, while allowing greater flexibility in the design of such developments". -EMC 19.29.010 10. The NMRP is proposed to be implemented through the PDO designation and the issuance of the necessary permits for construction. 11. The Port has structured a process, under the PDO, wherein this Agreement and associated conceptual Site Plan alternatives (Attachment B) describe the fundamental location of structures, features and themes to be used in the design of improvements to be developed and incorporated into the Property. This Agreement outlines the review procedure to be used as more detailed designs become available and requires that such review take place before issuance of building permits for individual project elements. 12. This Agreement sets forth the mitigation measures, development standards and guidelines through which the Port intends to develop the Property in an innovative manner, which will be beneficial to the community. The intent is to provide for a high quality development, which will benefit the City more than would a development strictly in accordance with the underlying zoning standards. The public will be benefited by the establishment of development standards together with the implementation of mitigation measures through the planned development overlay process. 13. This Agreement is entered into pursuant to RCW 36.70B.170, .180 and .190. The intent of the parties is to describe in this Development Agreement the development standards and other provisions that shall apply to, govern and vest the redevelopment and use of the development of the Property. This Agreement shall be construed in a manner that is consistent with applicable development regulations adopted by the City, except as modified herein. 14. The parties hereto agree that, as conditioned by this Agreement, the Port's proposed development of the Property satisfies the criteria for approval of alternative development standards under EMC 19.29.050.C. 15. On July 15, 2003, the Everett Planning Commission recommended approval of the PDO subject to certain performance conditions and subject to this Agreement and the associated Conceptual Site Plan Alternatives (hereafter the "Site Plan Alternatives"). SABLarsen\rezones\re2po56devagmt05prefinal.DOC 2