2005/11/16 Council Agenda Packet

MEMORANDUM TO: Planning Commission FROM: Allan Giffen, Director 7`r DATE: October 13, 2005 SUBJECT: Port of Everett North Marina Redevelopment—Proposed Amendment to the Development Agreement between the City of Everett and Port of Everett Public Hearing—Potential Decision, October 18, 2005 A. Introduction: On September 13, 2005,the Planning Commission held a public workshop to review a presentation by the Port of Everett and Maritime Trust concerning proposed amendments to the 2003 development agreement between the City of Everett and Port of Everett for the North Marina Redevelopment. At the public workshop, the Commission heard presentations by Port and Maritime Trust representatives and consultants, and testimony from the public. At the conclusion of the workshop, the Commission asked the Port to provide additional information concerning a number of matters. The Port and Maritime Trust provided notebooks with information responding to Planning Commission questions to the Planning Department on October 7, 2005, along with draft design guidelines for the Port Gardner Wharf (North Marina Redevelopment)project. The notebooks and design guidelines have been distributed to Commission members, without staff analysis or recommendation. This memorandum will provide staff comments. B. Background Information: The 2003 Development Agreement was part of a comprehensive plan amendment and rezone process in which the City applied a Planned Development Overlay (PDO) zone to the North Marina Redevelopment area. The PDO allows. for the modification of development standards in the underlying zone, which for the subject property is W-C (Waterfront Commercial). The purpose of the PDO zone process 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 The PDO and 2003 development agreement allowed for revisions to the permitted building height of the underlying W-C zone. The approved conceptual plan accompanying the development agreement allowed buildings on different portions of the site to exceed the 35 foot maximum building height in the W-C zone, with buildings as tall as 55 feet allowed in part of the residential development area. The development agreement provides, in accordance with the 1