1600 121ST ST SE 2016-01-01 MF Import

Casper Creek Vecting Decision July 31, 1992 Page 4 4• After submission of the SEPA checklist for Phase I in June, 1989, the City issued several requests for additional information to the Applicant, and the Applicant submitted several revisions to the SEPA application for Phase I Isee Attachment 11. 5. In April 1992, representatives of the Washington State Depertment of Ecology conducted field investigations end defined the ordinary high water mark of Silver lake. The delineation was further to the south than shown on the maps historically used by the City. Based on this new information, the 200 foot shoreline jurisdiction extends well onto the proposed apartment site, and a shoreline permit is required for the entire apartment/townhouse complex. s• On May 15, 1992, the Applicant submitted an incomplete application for a shoreline substantial development permit for the construction of 110 units on Phase I end 12 units on Phase II, and a SEPA application for Phase II. Revisions which completed the application packet were submitted on June 16, 1992, June 17, 1892, and July 14, 1992. •� �� 1. Section 448�2) of the Everett Zoning Code provides for vesting of proposals under the previous Zoning Code ii the SEPA application filing date was prior to the efiective date oi the ordinance which adopted the new Zoning Code. Since the City did not require the Applicant to submit a shoreline permit application for the frontage improvements with the initial SEPA application, and the requirement for e shoreline permit for the entire project is based upon new iniormation, the Phase I application should be vested under the Zo�ing Code in effect at the date of filing the initial SEPA application. The current proposal is for 110 units, which is a reduction in tha scale of the proposal over the 234 units oripinally proposed, There ere no significant chenges in the proposal which will require additionel SEPA environmental review. The revised proposal tor 110 townhouse units should be vested under the previous Zoning Code. 2• Section 44813) o/ the Everett Zoning Code provides for vesting of proposals under the previous Zoninp Code ii e Shoreline Permit application filing date wes prior to the efiective date of the ordinance which adopted the new Zoning Code. The epplications for Phase II were filed aher it wae known that a shoreline permit is required for the Cesper Creek proposal. The shoreline permit applicatfon and the SEPA application for Phase II was filed after the EXNIIII�_ o—`� oE � _