Resolution 6814 with exhibits - Laserfiche WebLink

SECTION THREE - DEVELOPMENT PLAN 3.1 INTRODUCTION The provisions of this Agreement and the standards set forth herein shall govern and control the development of the Property. The City and Port recognize that development of the Property to conform to the conditions and project phasing objectives contained in this Agreement may be subject to third party permits and approvals outside of the control of the City or Port. 3.2 CONTROLLING DOCUMENTS Several codes, plans, policies, and analyses provide the basis for the conditions contained in this Agreement. Where questions or need for interpretation arise during the permitting or construction of improvements on the Property, these documents, as reasonably interpreted by the City Planning Director, will control. A. Everett Municipal Code, including but not limited to the Zoning Code (Title 19 EMC) and the Planned Development Overlay Zone (PDO)provisions. B. Everett GMA Comprehensive Plan The Planned Development Overlay zone was found to be compliant with the Everett Comprehensive Plan as required by EMC 19.29. An analysis of the consistency of the revised PDO with the Comprehensive Plan is found in the Environmental Checklist prepared for this PDO proposal and other annual docket process applications. C. Phased SEPA Environmental Review 1. 2003 SEPA Review: The City of Everett issued a Mitigated Determination of Non Significance (MDNS) on March 18, 2003 that addressed the Comprehensive Plan, Zoning, and SMP amendments needed for the proposal. Comments were received from the public regarding noise and view impacts, to which the Port responded with noise and view impact studies acceptable to the City, and a Revised Mitigated Determination of Non Significance was issued on July 10,2003. 2. 2005 SEPA Review: The Revised Mitigated Determination of Non Significance, Environmental Checklist, and attachments contain background material in support of several provisions of the revised 2005 Development Agreement, including land and shoreline use compatibility. On December 6, 2006, the Port of Everett Commission amended its Comprehensive Scheme of Harbor Improvements in accordance with its responsibilities as lead agency under the State Environmental Policy Act(SEPA) with the Final Environmental Impact Statement (FEIS) — North Marina Redevelopment Project issued May 2005. These amendments brought the North Marina Area into conformance with the series of land use changes approved by the Everett City Council on November Wage