1720 121ST ST SE 2016-01-01 MF Import

6. Provide a final boundary line adjustment map which shows the edge of the existing wetland and the required 37.5 foot buffer from the created and existing wetlands. The map shall be reviewed and approved by Jones & Stokes verifyinq that the wetland and its buffer boundaries are consistent with those delineated by Jones & Stokes. The Planning Director approved the buf:er width reduction based on the following: 1. Subsection 37.140.0 of the City �f Everett Zoninq Code qives the Planning Direct�r the authority to reduce the standard stream and wetland buffer w'_Cl-hs only when there has previously been substantial legel alteration of the wetland and/or its buffer. IF no appeal is filed in resp�nse to the Planning Director's deterriination, the decision is considered final. 2. There has been subs`.antial leyal alteration of the existing watlands and bufferei. A single family home and a gravel driveway encroach into the wetland and stream buffers. Public Works permit �86-133 allowed approximately .41 acres of wetlands to be filled in 1986. The site was permitted to be further filled under SEPA �141-88 for construction of a 31 unit multiple family development. A tnitigation and revegetation plan submitted by Jones & Stokes Associates in July of 1988 and approved by the City allowed for the fill of an additional .24 acre of wetlands. The plan required the creation of a riparian wetland along the stream channel and the enhancement of an existing wetland at the southwest corner of the property (see enclosed site plan). A 25 foot buffer from the edge of the remaining and proposed wetlands was required. The building permits for the proposed development have expired and the mitigatioti and revegetation plan have not been implement•ed. Since building permits are no longer valid, development of the site must meet new zoning code standards. The environmentally sensitive areas ordinance, Section 37 of the zoning code, requires a minimum 25 foot buffer from intermit�ent streams and a ninimum 75 foot butfer from the edge of rlparian wetlands. If the wetland mitigation and revegetation plan was completed as required, a riparian wetland would exist along the entire stream channel. The zoning code standards require a 75 foot buffer from the edge of the existing and proposed wetlands. However, under the previous approval, only 25 feet of the required buffer was to be rehabilitated, thus leaving the remaining 50 feet of the 75 foot buffer still degraded by the existing house and previous land clearing and fill. in exchange for revegetating the buffer, the Planning Director reduced the minimum buffer width to 37.5 feet. Any greater buPfer requ!rement would place the existing house unreasonably within the buffer.