2009/03/25 Council Agenda Packet

Exhibit 3 to Ordinance No. 7 through written request to and upon approval of the City, develop the Riverfront Property in accordance with the new laws and regulations. If OM proposes a major change to the Project that requires City Council approval, the City may elect to make the amended portions of the Project subject to the laws and regulations in effect at the time of the City's approval of such modification. 10.3 Existing Development Regulations. Except as specified otherwise, the existing City development regulations that govern development of the Riverfront Property in the absence of an applicable Development Standard or provision of this Agreement include and are limited to the following(collectively, the "Development Regulations"): • Environmental Policy, Chapter 20.04 EMC • The following Zoning Code Chapters, Title 19 EMC: o Chapter 4—Zoning Code Definitions o Chapter 5—Use Tables o Chapter 22—B-3 Zone Regulations o Chapter 29—Planned Development Overlay Zone o Chapter 33D—Shoreline Overlay District until 2018 o Chapter 33G—Core Residential Development and Design Standards o Chapter 34—Off-street Parking—Loading o Chapter 35 —Landscaping and Screening Requirements o Chapter 36—Signs o Chapter 37—Critical Areas until 2018 • Chapter 18.04 through 18.36 of Land Division, Title 18 EMC. Copies of the Development Regulations are set forth in Attachment K to this Agreement. 11. Water and Sewer Service. 11.1 Water. The City will provide water capacity that will accommodate the Project's preferred alternative described in the EIS. Water mains will be provided to the base of the 41St St. easterly pier(the pier immediately east of BNSF's mainline) and within 36th St. and Eclipse Mill Roads. OM will be responsible for the distribution of water from the water main to the various development sites in the Project. 11.2 Sanitary Sewer. The City will provide a sanitary sewer collection system that will accommodate the Project's preferred alternative described in the EIS and in accordance with Section 22(g) of the PDA Third Amendment. 11.3 Storm Sewer. The City will provide a storm water sewer system that will accommodate the Project's preferred alternative described in the EIS for the Landfill Pad and in accordance with Section 22(h) of the PDA Third Amendment. 11.4 Certificates of Availability. If required as part of the permit and approval process for improvements on the Riverfront Property, the City will issue OM water and sewer availability certificates for all OM development contemplated by the PDA and this Agreement. -11- 7'r