Hearing Examiner Decision.pdfCITY OF EDMONDS
250 5th AVE. N • EDMONDS, WASH INGTON 98020 • (206) 771-3202
HEARING EXAMINER
FINDINGS AND RECOMMENDATIONS
OF THE HEARING EXAMINER OF THE
CITY OF EDMONDS
IN THE MATTER OF THE APPLICATION
OF DALE A. HOPPER FOR APPROVAL OF
A PRELIMINARY PLAT
RECOMMENDATION: It is recommended to the City
preliminary plat approval for a
division at 1021 Olympic Avenue
INTRODUCTION
LARRY S. NAUGHTEN
MAYOR
FILE: P-3-87
Council that
ten lot sub -
be approved.
Dale A. Hopper, 530 Bell Street, Edmonds, Washington 98020,
(hereinafter referred to as Applicant), has requested approval of
a preliminary plat for a proposed ten lot subdivision at 1021
Olympic Avenue, in the city of Edmonds, Washington (hereinafter
referred to as "subject property"). The Applicant also seeks a
modification to RS-12 standards to allow more than five dwelling
units to utilize 25 foot private access road.
A hearing on the requests was held before the Hearing Examiner of
the City of Edmonds, Washington, on January 7, 1988.
At the hearing the following presented testimony and evidence:
Duane Bowman
Planning Dept.
City of Edmonds
Edmonds, WA 98020
Kathryn McDowell
1115 Olympic Ave
Edmonds, WA 98020
Alfred Cortez
929 Olympic Ave
Edmonds, WA 98020
Ken Mattson
725 Daley St.
Edmonds, WA 98020
Jim Geddes
927 Olympic Avenue
Edmonds, WA 98020
Sharon Lampert
925 Hindley Lane
Edmonds, WA 98020
HEARING EXAMINE.,. RE: P-3-87
January 29, 1988
Page 2
Charles Green
923 Olympic Ave
Edmonds, WA 98020
John Potter
925 Olympic Ave
Edmonds, WA 98020
Dale A. Hopper
530 Bell Street
Edmonds, WA 98020
Nick Cooper
1125 Olympic Ave
Edmonds, WA 98020
At the hearing the following exhibits were submitted and were
admitted as part of the official record of this proceeding:
Exhibit 1 - Staff Report
It
2 - Subdivision Application
if 3 - Legal Description
It
4 - Engineering Requirements
it 5 - Mitigated Declaration of Non -Significance
it 6 - Preliminary Plat
of 7 - Vicinity Map
it 8 - Cross sections of pavement
It
9 - Easement off Olympic Avenue
it 10 - Geddes letter of 1/28/88
After due consideration of the evidence presented by the Appli-
cant, and evidence elicited during the public hearing, the follow-
ing findings of Fact and Conclusions constitute the basis of the
recommendation of the Hearing Examiner.
FINDINGS OF FACTS
1. The Applicant has requested approval of a preliminary plat
for a ten lot subdivision on property located between Olympic
Avenue and loth Avenue N in the City of Edmonds, Washington. A
copy of the proposed preliminary plat was admitted at the hearing
as Exhibit 6 and is hereby attached as part of these findings.
(Staff Report)
2. The subject property is a 3.2 acre parcel of land on which
there is a single family residence located near the center of the
subject property. The remaining portion of the subject property
is undeveloped. (Bowman Testimony)
3. The subject property slopes in a westward direction from
Olympic Avenue at an approximate 6% grade. The site does not have
significant vegetation and it is primarily covered with field
grass. (Staff Report)
4. There is a creek, Hindley Creek, that flows through the
subject property. As shown on the preliminary plat, the creek
flows between proposed lots #1 and #2. (Staff Report)
HEARING EXAMINE. RE: P-3-87
January 29, 1988
Page 3
5. The subject property has been the subject of short subdivi-
sions that have received approval from the City of Edmonds. Thee
short subdivisions were not developed and the plat approval
lapsed. The Applicant now intends to develop the subject property
with 10 lots.
6. The subject property is zoned RS-12. The surrounding pro-
perties are also zoned RS-12. (Bowman Testimony)
7. The comprehensive plan map of the City of Edmonds designates
the subject property as low density residential. This same
designation exists for other properties in the area. (Bowman
Testimony)
8. As shown on the preliminary plat, access to proposed lots 4 -
10 will be directly or indirectly off Olympic Avenue. The direct
access to lots 4, 5, 6 and 7 is proposed to be off a private road
on the north side of the property while access to lots 9 and 10 is
proposed on an existing 25 foot wide private easement road. This
easement road currently serves four properties. In order to use
this easement road the Applicant has requested a modification to
the Edmonds street standards to allow at least six properties to
use the 25 foot easement road. Under the code a 25 foot private
easement road can access only properties. (Bowman
Testimony)
9. In addition to the above -referred to access three of the
proposed lots, lots #1,2 and #3 will have direct access off loth
Avenue. (Bowman Testimony)
10. Applicant submitted that with the three points of access to
serve the ten lots, traffic will be dispersed in a manner that
will not impact any of the surrounding neighborhoods. (Hopper
Testimony)
11. Applicant proposes a fire hydrant be placed at the southwest
corner of proposed lot #1.
12. The City of Edmonds determined that no significant adverse
environmental impact will result from the proposed subdivision and
the City issued a Mitigated Declaration of Non -Significance for
the project. The conditions of the Mitigated Declaration of
Non -Significance were set forth in Exhibit 5 which is attached
hereto and is hereby incorporated as part of these findings.
13. In order for a subdivision to be approved within the City of
Edmonds review is subject to the terms as set forth in the Edmonds
Community Development Code (ECDC) Chapter 20.75. The scope of the
review includes the criteria as set forth in ECDC 20.75.085.
HEARING EXAMINE, RE: P-3-87
January 29, 1988
Page 4
These criteria include environmental reviews, lot and street
layout review, dedications, discussion of improvements and flocd
plain management. In addition, general findings must be made
pursuant to ECDC 20.75.080. These general findings include:
A. The proposal must be consistent with the purposes
of the subdivision ordinance as set forth in ECDC
20.75:020 and meet all the requirements of the subdivi-
sion chapter.
B. The proposal must be consistent with the provisions
of the Edmonds Comprehensive Plan and other adopted city
policy, and proposal must be in the public interest.
C. The proposal must meet all the requirements of the
zoning ordinance.
(ECDC)
14. Access to lots 9 and 10 will be off Olympic Avenue onto a
private easement road that is 25 feet in width and has 22 feet of
pavement. The easement also services properties to the south of
the subject property. (No legal determination of the easement or
its meaning is made in these proceedings. These proceedings are
based on the presumption that the easement is a valid easement.)
(Bowman Testimony)
15. The access easement to lots 9 and 10 will be access for five
to nine lots. ECDC 18.80.020 sets forth that the right-of-way
width for roads servicing five to nine potential units in an RS-12
zone must be 30 feet and the pavement width must be 18 feet.
Because the right-of-way on the easement road is 25 feet, the
Applicant is seeking a modification to allow more than five
dwelling units to utilize the 25 foot private easement road.
(Bowman Testimony)
16. The 22 foot wide pavement of the easement road exceeds the
standard of 18 feet as set forth in ECDC 18.80.020.
17. The plat will be serviced with sewer and water by the City of
Edmonds, and with power by the Snohomish County Public Utility
District No. 1. (Exhibit 6)
18. A representative of the Applicant met with the Snohomish
County P.U.D. about providing power to proposed lots 9 and 10.
According to the spokesman there is an existing power pedestal in
the area and service will be under the easement road. There is a
possibility that a transformer may be installed to improve service
to the two lots. (Mattson Testimony)
HEARING EXAMINER RE: P-3-87
January 29, 1988
Page 5
19. The water service to proposed lots 9 and 10 will be the same
as the water service to the other properties in the area. A water
meter for each lot will be placed on Olympic Avenue and a service
line will be laid along the north edge of the easement road.
(Mattson Testimony)
20. Testimony was received at the hearing from witnesses who
claim that the water service lines between existing houses along
the easement road immediately south of the subject property are
improperly installed. According to the witnesses, on various
occasions property owners have had rocks puncture the plastic
pipes causing disruption of water service. The rocks are
pressured by the traffic over the easement road. The witnesses
submitted that additional traffic will create further water
service line problems. (Geddes Testimony, Cortez Testimony,
Potter Testimony, Green Testimony)
21. The Applicant submitted that at the time improvements are
made to lots 9 and 10, the water service connections to adjoining
properties could be repaired and properly installed. According to
the Applicant, he would cooperate entirely with the neighbors to
coordinate such an effort. (Hopper Testimony)
22. The Applicant submitted that pursuant to the City of Edmonds
Drainage Retention Ordinance, a drainage plan will be submitted to
the City prior to any development. The drainage plan will
address storm drainage and how water from impervious services will
be controlled within the plat. The drainage retention plan must
be approved by the City prior to any development. (Mattson
Testimony)
23. The Planning Department of the City of Edmonds is
recommending approval of the preliminary plat subject to the
following conditions:
(1) Comply with all engineering requirements listed in
Exhibit 4.
(2) Lots 3, 5, 8 and 10 are flag lots. Their setbacks
shall be as follows:
Lot 3 - Street: South; Rear: North; Sides: East/West
Lot 5 - Street: North; Rear: South; Sides: East/West
Lot 8 - Street: East; Rear: West; Sides: North/South
Lot 10 - Street: South; Rear: North; Sides: East/West
(3) Comply with all mitigating conditions listed as
part of the Mitigated Declaration of Non -Significance in
Exhibit 5.
(Staff Report)
HEARING EXAMINER RE: P-3-87
January 29, 1988
Page 6
24. Lot 8 has an existing house. The Planning Department has
determined that the setbacks for that house must be determined and
established before development can occur. (Bowman Testimony)
25. Hindley Creek flows through the property proposed for lots 1
and 2. During the past year the Applicant has re-routed and
reinforced the banks and beds of Hindley Creek as it flows through
his property. This was done with permits from the Department of
Fish and Game and from the City of Edmonds. The final
re -channeling and restructuring of the bed were approved by the
Department of Fish and Game. (Mattson Testimony)
26. A witness testified to be the owner of property northwest of
proposed lot 1. She submitted that at one time Hindley Creek
branched out as it flowed into the area where proposed lot 1 is
located, and it would percolate in a manner which prevented
flooding in the area. However she claimed that because the stream
had been re-routed many times, flooding and sediment deposits
occurred on her property. She submitted that the rocks that had
been put in by the Applicant have lessened the area of the bed and
potential flooding may occur in the area. (Lampert Testimony)
27. A witness testified to be the owner of property northeast of
the subject property. The witness, whose property is adjacent to
the access road for lots 4, 5, 6 and 7, questioned whether the
road would be wide enough to adequately handle the traffic for
these lots. The witness also submitted that the intersection of
this road with Olympic Avenue is insufficient width to adequately
negotiate turns. (Cooper Testimony)
28. The Applicant's representative submitted that the proposed
access road to lots 4, 5, 6 and 7 will be 20 feet and is within
the standards of the City of Edmonds for RS zoned property
servicing 4 to 5 units. The witness also submitted that leveling
of the grade and the widening of the intersection will create safe
conditions for motorists. (Mattson Testimony)
29. A witness testified that a street light should be installed
at the intersection of the access road for 4, 5, 6 and 7 and
Olympic Avenue. According to the witness, the road is difficult
to find and will create problems. (Cooper Testimony)
30. The Planning Department of the City of Edmonc's has determined
that no significant adverse environmental impact will occur as a
result of the proposed subdivision. A Mitigated Declaration of
Non -Significance has been issued for the project. No appeals were
made of the Planning Department's determination. (Bowman
Testimony)
HEARING EXAMINE.. RE: P-3-87
January 29, 19E8
Page 7
CONCLUSIONS
1. The Applicant has requested approval of a preliminary plat
for a ten lot subdivision on property located between Olympic
Avenue and loth Avenue N in the City of Edmonds, Washington.
2. The subject property is a 3.2 acre parcel of land that is
zoned RS-12 and has a comprehensive plan designation of
low -density residential.
3. In order for a subdivision to be approved within the City of
Edmonds, the review is subject to the terms as set forth in the
ECDC 20.75. The scope of review includes the criteria as set
forth in ECDC 20.75.085.
4. With conditions, the proposed 10 lot subdivision is
consistent with the purposes of the zoning ordinance as set forth
in ECDC 20.75.020.
5. The proposed subdivision satisfies the zoning standards for
the City of Edmonds for lot area, lot width, and lot setbacks.
6. The proposed subdivision will be in accordance with state
standards and will not result in any overcrowding of land.
7. Four different points of access to the lots in the proposed
subdivision will exist. This diversified access arrangement will
lessen congestion on the streets and highways of the City of
Edmonds.
8. Adequate water, utilities, sewage and storm drainage are
available for the development of the site.
9. The Applicant can provide proper ingress and egress for the
lots of the subdivision. This conclusion is made for land use
purposes only. No legal determination is made as to the validity
and legality of the easement.
10. Uniform monumenting of subdivisions and accurate legal
descriptions of the subdivided lots will be provided.
11. The access easement to lots 9 and 10 is substandard in that
it is 25 feet wide instead of the required 30 feet. However, the
pavement of the access easement will exceed the required pavement
of access roads servicing 5 to 9 lots in an RS-12 zone. The
pavement is 22 feet while the required pavement regulation
requires 18 feet.
12. The proposed subdivision is consistent with the comprehensive
plan of the City of Edmonds, and in particular ECDC 15.20.05 et
HEARING EXAMINER RE: P-3-87
January 29, 1988
Page 8
seq. The proposal is consistent in that it will be a compatible
to the existing structures in the area, no encroachment of views
of existing houses will result, and it will provide high quality
residential development which is appropriate to the diverse
lifestyle of Edmonds residents.
13. The proposal satisfies all of the requirements of the zoning
ordinances of the City of Edmonds and especially the provisions of
ECDC 16.20.
14. The Planning Department of the City of Edmonds has
recommended approval of the preliminary plat subject to the
conditions listed in finding 13.
15. Testimony was received from the public and it has been noted
in the findings.
RECOMMENDATIONS
Based upon the preceding Findings of Facts and Conclusions, the
testimony and evidence submitted at the public hearing, and upon
the impressions of the Hearing Examiner at a site view, it is
hereby recommended to the City Council of the City of Edmonds that
the preliminary plat, P-3-87, be approved subject to the
following conditions:
1. The Applicant is to comply with all engineering requirements
that have been listed in Exhibit 4 which was admitted to the
hearing. A copy of Exhibit 4 is attached hereto and by this
reference is hereby incorporated as part of recommendations.
2. Lots 3, 5, 8 and 10 are flag lots. Their setbacks shall be
as follows:
Lot
3
- Street:
South;
Rear:
North;
Sides:
East/West
Lot
5
- Street:
North;
Rear:
South;
Sides:
East/West
Lot
8
- Street:
East;
Rear:
West;
Sides:
North/South
Lot
10
- Street:
South;
Rear:
North;
Sides:
East/West
3. The Applicant is to comply with all mitigating conditions
listed in the Mitigated Declaration of Non -Significance. These
conditions, as listed in Exhibit 5 to this hearing, are attached
hereto and by this reference are hereby incorporated as part of
this recommendation.
HEARING EXAMINEx% RE: P-3-87
January 29, 1988
Page 9
4. A storm drainage retention plan must be submitted by the
Applicant to the City of Edmonds for approval prior to any
development occurring on site.
5. The Applicant is to cooperate and to coordinate any
improvements to the water systems that are located on the easement
road that will provide access to lots 9 and 10. The Applicant
will not he responsible for the financial repair of these lines,
but should be required to cooperate with the property owners to
repair them.
6. The Applicant shall acquire all necessary permits from the
City and the State prior to any construction.
7. The access road to lots 9 and 10 shall be 25 feet of
right-of-way and 22 feet of pavement.
COMMENTS
The application is for the approval of a 10 lot subdivision. In
reviewing the subdivision I have reviewed the criteria of ECDC
20.75.085 and ECDC 20.75.020. With conditions, including the
engineering requirements (as set forth in Exhibit 4) and the
conditions of the Mitigated Declaration of Non -Significance (as
set forth in Exhibit 5) the proposed development will satisfy the
criteria of the City of Edmonds for subdivisions.
Adequate utility service is available to the site and a storm
drainage retention plan will be submitted prior to any approval of
construction permits.
The access to the lots within the site was the major issue at the
public hearing. In particular access to proposed lots 9 and 10
was questioned as being inadequate. It is for this access that
the Applicant sought a modification of the 30 foot wide
right-of-way standard. The easement is 25 feet wide, but it has
22 feet of pavement. This pavement width exceeds the required
pavement width for RS-12 properties servicing 5 to 9 lots. It
appears that the easement road will be adequate to provide
additional access to lots 9 and 10, while continuing to serve
other lots within the area.
The issue of damaged water service lines on the private easement
road was also raised. The Applicant indicated at the hearing that
he would cooperate and cc -ordinate repair of the private water
service lines at the time the improvements were being made for
lots 9 and 10. This is reasonable and warranted.
HEARING EXAMINE. RE: P-3-87
January 29, 1988
Page 10
Various witnesses objected to the easement access for lots 9 and
10 on the grounds that the easement that was originally granted
did not provide for subdivision of the properties being serviced
by the easement. This obviously is a legal question that is
beyond the authority of the Hearing Examiner and the City Council
to make. This legal determination must be made in a court of law.
Another issue of controversy at the hearing involved the flow of
Hindley Creek through proposed lots 1 and 2. Prior to submitting
the application for the subdivision, the Applicant has rercuted
Hindley Creek, reinforced its banks and redefined its bed. This
was done with permits from the Department of Fish and Game and the
necessary permits from the City of Edmonds. The Fish and Game
reviewed the work done by the Applicant and approved it. It
appears that the rerouting and the reinforcement of the banks of
Hindley Creek has improved its flow and has eliminated flooding
and other problems in this area. The proposed subdivision will
not have an impact on Hindley Creek.
In summary the proposed subdivision creates lots that satisfy the
zoning standards for RS-12 zones in the City of Edmonds. Adequate
access is available to all the lots. Storm drainage will be
controlled and there will be no new flooding of Hindley Creek as a
result of the proposed subdivision. It is recommended that the
City Council approve the preliminary plat subject to the
conditions as set forth above.
DONE AND DATED this 29th day of January, 1988, pursuant to the
authority granted the Hearing Examiner under Chapter 20.100 of the
Community Development Code of the City of Edmonds.
ES M. DRISCOLL
aing Examiner