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WHEREAS, by subjecting the use of the property to Planned Development with <br /> a Site Plan, and conditioning the preliminary subdivision to City Standards, the <br /> development will promote the public health, safety and welfare, and will promote <br /> the best long term interests of the Everett Community; and <br /> WHEREAS, the high standards for landscaping and the normal requirements of <br /> City Codes pertaining to the site plan, lot design, and building design will be <br /> implemented through the Resolution of Intent to Rezone, Resolution 3930 <br /> Auditors File # 9404080526, which has been agreed to by the applicant and the <br /> City. The requirements specified in the Resolution of Intent to Rezone are <br /> sufficient to mitigate adverse impacts upon existing or anticipated land uses in <br /> the immediate vicinity of the subject property; and <br /> WHEREAS, Titan 112th Associates has constructed Division II in accordance <br /> with the terms of the Resolution of Intent to Rezone, Resolution No. 3930, <br /> Auditors File #9404080526; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> SECTION 1: The zoning of the above described property (Division II)is hereby <br /> amended to R-3 PRD (Multiple Family Medium Density Residential Planned <br /> Residential Development). <br /> SECTION 2: Any use of the property that is inconsistent with the terms and <br /> conditions of the Resolution of Intent to Rezone, as specified in Resolution No. <br /> 3930, Auditor File #9404080526, shall be considered a violation of the City of <br /> Everett Zoning Code. Any such violation shall be subject to all enforcement <br /> provisions of City Codes. A copy of the Resolution of Intent to Rezone, <br /> Resolution No. 3930, Auditors File # 9404080526, is attached hereto and <br /> incorporated herein by reference. <br /> SECTION 3 The City Clerk of the City of Everett is hereby instructed to file a <br /> duly certified copy of this Ordinance with the attached Resolution of Intent to <br /> Rezone, Resolution No. 3930, Auditor File #9404080526, with the Auditor of <br /> Snohomish County, Washington. <br /> SECTION 4: Severability. If any section, subsection, clause, phrase or any <br /> portion of this ordinance or the attached resolution is for any reason held to be <br />