Resolution 5382 - Laserfiche WebLink

SECTION FIVE—GENERAL TERMS 5.1_ VESTING OF DEVELOPMENT STANDARDS: Pursuant to RCW 36.70B.170 et seq., all development within the Property shall be governed by this Agreement to the extent this Agreement is not inconsistent with the final judicial determination entitled CITY OF EVERETT VS. CENTRAL PUGET SOUND GROWTH MANAGEMENT HEARINGS BOARD, NO. 03-2-05830-9, No. 52276-1-I, No. 52262-1-I [Consolidated] or revised DOE Shoreline Master Program Guidelines/Regulations and shall be implemented through permit approvals issued by the City. A "Buildout Period" of twenty(20) years from the date of this Agreement is established for the development and construction of the uses on the Property permitted and carried out in accordance with the provisions of this Agreement. During the Buildout Period, the City shall not modify or impose new or additional zoning standards beyond those set forth in this Agreement. To the extent this Agreement does not establish zoning standards addressing a certain subject, element or condition of the approved site plan, then the Project shall be governed by the zoning regulations in effect upon the date of this Agreement (i.e., those regulations set forth in Title 19 EMC). After the date of execution of this Agreement, the City may adopt new zoning standards or generally-applicable standards relating to particular subject matters specified under this Agreement or under presently-existing zoning standards. If, in adoption of the new zoning standards, the City elects to make such zoning standards available for development of the Property, then the Port, as an alternative to satisfying one or more of the zoning standards, may upon the approval of the City, develop the Property in accordance with the new zoning standards. To the extent that the Port proposes a major amendment to the Project (as defined in EMC 19.29 and in this Agreement), the City may elect to make the Project, as amended, subject to the zoning standards in effect at the time of the City's approval of such amendment. 5.2 TERM: The term of this Agreement shall continue at a minimum through the Buildout Period, and shall continue after the Buildout Period unless and until the City gives a notice of termination. The City shall mail notice of termination to the Port under Section 5.3. No sooner than three (3) months after delivery of the notice of termination, the City shall hold public hearing(s) and shall adopt whatever zoning standards for the Property determined appropriate by the City. Such zoning standards shall consist of a continuation of the zoning standards in this Agreement, modification of such zoning standards, or new zoning standards. Upon such adoption, this Agreement shall terminate and thereafter the Property shall be governed by the newly adopted zoning standards. 5.3 NOTICES: Any notice, request, direction or other communication under this Agreement shall be in writing and shall be delivered by first class mail, properly addressed and with the required postage, or by facsimile, to the Director of Planning and Community Development and the Executive Director of the Port of Everett. Receipt shall be deemed to have occurred on the date of delivery, or on the date of a confirmed facsimile. S:\BLarsen\rezones\re2po75devagmtfin.DOC 18