Resolution 5233 - Laserfiche WebLink

C. The terms of the Resolution of Intent agreed to by the Applicant and the City are sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property. (EMC 19.41.140.D.7, exhibit 1) 5. The proposed rezone is consistent with the Everett General Comprehensive Plan designation of 1.6, Multiple-Family Residential, 20-29 Dwellings per Gross Acre. While the density proposed is lower than the projected Comprehensive Plan density, the site contains a significant Environmentally Sensitive Area that creates limitations for development. The project, a 33-unit apartment complex, provides for a density of 11.4 units per acre on the 2.9 acre site. (exhibit 1) 6. The development on-site has been developed consistent with previous approvals that protect the Environmentally Sensitive Areas on the site, including the stream, wetlands, steep slopes, and buffers. It provides for multiple-family housing for residents of the City of Everett. (exhibit 1) 7. Pursuant to the State Environmentally Policy Act (SEPA), the proposed project was subject to a Mitigated Determination of Non-Significance (MDNS) issued on September 13, 1996. The development of the site has been done in a manner consistent with the conditions of the MDNS. (exhibit 1, Palacios testimony) 8. In the City of Everett, "building heights are the vertical distance from the base elevation of a building to the highest point of the roof, exclusive of building appurtenances". Base elevation is defined as "the average elevation of the approved topography of a parcel at the midpoint on each of the four sides of the smallest rectangle which will enclose the proposed structure, excluding all eaves and decks. The approved topography of a parcel is the natural topography of a parcel or the topographic conditions approved by the City prior to January 1, 1988, or as approved as approved by a subdivision, short subdivision, binding site plan, Shoreline Substantial Development Permit, filling and grading permit, or SEPA environmental review issued after January 1, 1988. On any lot exhibiting evidence of an unapproved fill, a soils analysis may be required to determine the approved topography". (exhibit 1) 9. Over the years, approximately 30 feet of fill have been placed on the subject property. Most of the fill came from the road construction activities of State Route 526 and Casino Road. There were no approvals or permits granted for the placement of the fill, and without regulatory control, the base elevation of the subject property was covered. The Applicant received variance approval in Resolution #4351 which permitted the building height to be calculated from the existing filled grade of the site rather than the original pre-filled grade. Based on previous approvals and in accordance with other specific requirements, two apartment buildings together with surface level parking, open-space areas, and landscaping have been constructed on-site. (exhibit 1) 10. In the City of Everett the criteria for variances are set forth in EMC 19.41.110. Those criteria include: 3