10109 21ST AVE W 2016-01-01 MF Import

Subsect�an 37.150.D.3.a of the Zoning Code describes the process for implementation of TDRs. It is anticipated that the transfer wouid be appl�ed 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 impacis on the intermiitent 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 Rights (TDR) for Lot 3. This �ption represents a combination of Items b. and d under the Findings for criterion #1, above. The City discussed this option with the Applicant during review of the application, and the applicant has been amenable to this approach. The Applicant submitted a revised mitigation/restoration plan dated October 8, 2001, which reflects these discussions. In this case the, the development credit for Lot 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 FM� Chapter 19.37.050.D.3. A TDR would result in placement of an environmentally sensitive area covenant and deed restriction on future use of the original property. III. DECISION: The Planning Director hereby approves the requested reasonable use exception on Lots 2 and 4, subject to the requirements in the 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 Subsectior. 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 4 consistent with the site development plan dated October S, 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 i � 9 shall consist of one residential dwelling unit (single-family, duplex, townhouse, or multiple family) as permitted in Subsection 39.150.(3)(a). 3. The TDR may oniy be applied to a receiving property for which a development proposal is submitted consisting of at 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 TDF will expire within 5 years of the date of this deasion. 4. Transfer of TDR to different ownership — The TDR 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 Prior to commencement of any construction activities on Lots 2 and 4, temporary erosion and sediment control measures must be in place and verified by the Planning Department at a pre-construction meeting. Such measures shall include silt fencing and any other requirements imposed by the P��blic Works Department. In addition, all hazard trees shall be marked in the field for verification prior to removal. 6. During construction, the site must be monitored by the ApplicanYs wetland biologist. Any problems, including any conflicts or violations of the sensitive area limitations i� 2930 Wetmore, Suite 8-A, Everett, WA 98201-404J '�' (42� 257-8731, Fax (425) 257-8742 �