10023 21ST AVE W 2016-01-01 MF Import

( � ; Subsection 37.150.D.3.a of the Zoning Code describes the process for implementation of TDRs. It is anticipated that the transfer would be applied through the land use and environmental review of a proposed development on the receiving property. The major concern is the proposed dwelling on Lot 3 and its potential impacts on the intermittent stream, wetland and Swamp Creek. The City has concluded that a reasonable use of the property can be provided by development of Lots 2 and 4, with a provision for a Transfer of Development Fiights (TDR) for Lot 3. This option represents a combination of Items b. and d under the Findings for criterion #1, above. The City discussed this option with the Appiicant during review of the application, and tho appiicant has been amenable to this approach The Applicant submitted a revised mitigation/restoralion pian dated October 8, 20U1, which reflects these discussion�•. In this case the, the deveiopment credit for I_ot 3 will be one single-family unit (or one unit within a duplex, townhouse, or multifamily structure). This credit may be used for a receiving property that meets the criteria in EMC Chapter 19.37.050.D.3. A T�R would result in placement of an environmentally sensitive area covenani and deed restriction on future use of the original property. III. DECISION: The Planning Director hereby approves the re�uested reasonable use exception on Lots 2 and 4, subject to the requirements in tiie modified mitigation/restoration plan dated October 8, 2001. The requested reasonable use exception for Lot 3 is denied for failure to meet each of the reasonable use criteria as set forth in Section i above. However, pursuant to Subsection 37.150.D(3) of the Zoning Code, a transfer of developments rights is hereby granted for Lot 3 as provided below: A single-family unit is authorized to be constructed on each of Lots 2 and h consistent with the site development plan dated O�tober 8, 2001 and conceptual building plans dated April 30, 2001. Development of the structure, yards and parking shall be in accordance with the approved plans. 2. Development of a singie-family unit on Lot 3 is not approved. A Transfer of Development Rights is hereby granted. The TDR shali consist of one residential dweliing unit (single-family, duplex, townhouse, or multiple family) as perrritted in Subsection 39.150.(3)(a). 3. The TDR may only be applied to a receiving property for which a development proposal is submitted consisting of 2t least 5 units, not including the transferred unit. This credit may be used for a receiving property that meets the criteria in EMC Chapter 19.37.050.D.3. The TDR will expire; within 5 years of the date of this decision. 4. Transfer of TDR to different ownership — The TDF authorized by this decision may be transferred to a different owner as :approved by the City in accordance with Subsection 37.050.D.(3) of the Zoning Code 5. Prior to commencement of any construction rr,tivities on Lots 2 and 4, temporary erosion and sediment control measures must be in i lce and verified by the Planning Department at a pre-construction meeting. 5uch measures shsll include silt fencing and any other requirements imposed by the Pubiic Works Department. In addition, all hazard trees shall be marked in the field for verification prior to removal. 6. During construction, ths site must be monitored by the ApplicanYs wetland biologist. Any problems, including any conflicts or violations of the sensitive area limitations � 2930 Wetmore, Suite 8-A, Everett, WA 93?O1-4044 �(42� 257-8731, Fax (42' 257-8742 S/6 ' � 1