2019/04/17 Council Agenda Packet

DRAFT 3.20.19 original Development Agreement, a copy of which is included in Attachment K to the Development Agreement, as modified by the Everett Zoning Standards for the Riverfront Planned Development Project described below. Within the jurisdiction of the Shoreline Management Act,Chapter 90.58 RCW,the uses permitted on the Riverfront Property must also be allowed in the Shoreline Overlay District as set forth in the Shoreline Use Table at EMC 19.33D.100 as it exists at the time of this Agreement, a copyof which is included at Attachment K to the Development Agreement. 5.2 Developer Property—Use Restriction. 5.2.1 First Phase. Notwithstanding anything to the contrary in this Agreement,the sole permitted use of the First Phase Property prior to issuance of a Partial Certificate of Completion for the First Phase is as follows: development and construction of the First Phase of the Riverfront Project substantially as shown in the First Phase Drawings and Attachment E-1 (Final Development Plan) and in accordance with this Agreement. Modifications to Attachment E-1 (Final Development Plan) approved by the Planning Director using the criteria .for administrative modification of the Final Development Plan as specified in the City's Planned Development Overlay regulations as set forth in EMC Chapter 19.29 shall be deemed to be "substantially as shown in Attachment E-1"as that term is used in this Section. The Planning Director shall have the sole authority to determine if final site layout and building designs proposed for First Phase are "substantially as shown in the First Phase Drawings." A decision to reject a plan or permit based on not being "substantially as shown in the First Phase Drawings"must not be arbitrary and must be made in writing and supported by detailed findings. 5.2.2 Remaining Phases. Notwithstanding anything to the contrary in this Agreement, the sole permitted use of Developer Property not yet released by a Partial Certificate of Completion is as follows: development and construction of the Riverfront Project substantially as shown in Attachment E-1 (Final Development Plan) and with a const tent level of quality as the First Phase. Modifications to the Attachment E-1 (Final Development Plan)approved by the Planning Director using the criteria for administrative modification of the Attachment E-1 (Final Development Plan) as specified in the City's Planned Development Overlay regulations as set forth in EMC Chapter 19.29 shall be deemed to be "substantially as shown in Attachment E-l." The Planning Director shall have the sole authority to determine if site layout and building designs proposed in each Remaining Phase,including but-not limited to site plan review, shoreline permits,.builcling permits,sign permits or other permits required by the Everett Municipal Code or State law, are consistent with (ot greater than) the quality represented in First Phase Drawings and the design guidelines incorporated as Attachment G to this Agreement. The Planning Director is directed to reject any design for any building, improvement or structure that does not provide at least the level of quality represented by the First Phase Drawings and the design guidelines incorporated in Attachment G. A decision to reject a plan or permit based on such inconsistency must not be arbitrary and must be made in writing and supported by detailed findings. In reviewing plans for individual Phases of development and individual buildings under Section 5.2.1 or Section 5.2.2, the Planning Director shall have the authority to retain, at Developer's expense, the services of an independent architect with appropriate expertise 5 9