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All division and segregation of land on the affected property shall be consistent with City <br /> regulations governing such actions. <br /> SECTION THREE —DEVELOPMENT PLAN <br /> 3.1 INTRODUCTION: <br /> Upon approval of the PDO, the provisions of this Agreement and the standards set forth herein <br /> shall govern and control the development of the Property. The City and Port recognize that <br /> development of the property to conform to the conditions and project phasing objectives <br /> contained in this document is subject to third party permits and approvals outside of the control <br /> of the City or Port. <br /> 3.2 CONTROLLING DOCUMENTS: <br /> Several codes, plans, policies and analyses provide the basis for the conditions contained in <br /> this Agreement. Where questions or the need for interpretation arise during the permitting <br /> or construction of improvements on the Development Property, these documents, as <br /> reasonably interpreted by the Planning Director, will control. <br /> A. Everett Municipal Code including but not limited to the Zoning Code (Title 19 EMC) <br /> and the Planned Development Overlay Zone (PDO) provisions. <br /> B. Everett GMA Comprehensive Plan <br /> The Planned Development Overlay zone was found to be compliant with the Everett <br /> Comprehensive Plan as required by EMC 19.29. An analysis of the consistency of the <br /> PDO with the Comprehensive Plan is found in the Environmental Checklist prepared for <br /> this PDO proposal and other annual docket process applications. <br /> C. Phased SEPA Environmental Review <br /> The City of Everett issued a Mitigated Determination of Non Significance (MDNS) on <br /> March 18, 2003 that addressed the Comprehensive Plan, Zoning, and SMP amendments <br /> needed for the proposal. Comments were received from the public regarding noise and <br /> view impacts, to which the Port responded with noise and view impact studies acceptable <br /> to the City, and a Revised Mitigated Determination of Non Significance was issued on <br /> July 10, 2003. The Revised Mitigated Determination of Non Significance, <br /> Environmental Checklist, and attachments contain background material in support of <br /> several provisions of this Development Agreement, including land and shoreline use <br /> compatibility. <br /> 6 <br />