4910 27TH AVE W 2018-01-02 MF Import

2. Site is Environmentally Sensitive, City's Failures. Notwithstanding this factual report, the City of Everett has Issued the DNS and Preliminary Plat Approval, dated February 28, 1990, The DNS listed as a mitigation measure that the applicant "...must submit his own wetland study..." (sic). (Page 2, Paragraph 4.) Everett Municipal Code ("EMC") sets forth the criteria and policies relating to this property. (City of Everett Subdivision Ordinance No. 1119-95 as amended by No. 1327-87 numbers will also be used for references to the subdivision reference and will be referred to as "Sub.Ord.") The determination by the city ignores these policies. A representative but by no means a complete sample of those criteria and policies are as follows: Sub.Ord. Section 4,D.2 provides: SEPA review is required per Title 20 E.M.C. Sub.Ord. Section 4,D.3 provides: The following shall provide a basis for approval or dlsapproval of proposed short subdivision: a. Public Use and Intererst - Evaluation of the proposed short subdivision to determine whether the public use and interest are served. b. Public, health, safety, and general welfare - Evaluation of the proposed subdivision to determine whether the public health seaafety and general welfare has been served. e. Natural environment - Evaluation of the impacts and provision for mitigation of all impacts on all elements of the natural environment including topography, vegetation, soils, geology and all environmental issues as defined In the State Environmental Policy Act, WAC 197.11 and Section 5 of this Ordinance. f. Drainage - Evaluation of all drainage Impacts and provisions made for mitigation of all drainage impacts as defined in the City's Comprehensive Drainage Ordinance and Section 5 of this Ordinance. g. Open space- Evaluaton of all impacts and provision for open space as defined in Section 5 of this Ordinance. 1. Public Services - Evaluation of all Impacts and provisions made for mitigation of impacts on public services including streets, all public utilities, fire and police protection as defined In Section 5 of this Ordinance. Sub.Ord. Section 5,C.1. (EMC 18.24.040) provides: Design with Environment: The design and development of subdivisions and short subdivisions shall preserve the natural drainage, existing topsoil, trees, natural vegetation, and wetlands to the maximum extent possible.(emphasis added). Sub.Ord. Section 5,C.3 (EMC 18.24.060) provides: Building Design with Natural Slope: The design and development of subdivisions shall preserve the topography of the site by selectin and location of buildings which fit the natural slope of the land. 2